Athens City Code

Snapshot retrieved September 15, 2026. Source: https://athens.municipalcodeonline.com/book?type=ordinances#name=ATHENS_CITY_CODE. This is a local reference copy; consult the source for subsequent changes. Citations use the source's article and section identifiers, not PDF page numbers.

ATHENS CITY CODE

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HISTORY
Approved by Ord. 1137 Recodification on 3/18/2025

TITLE 1 ADMINISTRATION

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CHAPTER 1-I ADMINISTRATION IN GENERAL

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1-1 Designation And Citation Of Code

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The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the City of Athens, Tennessee." Such ordinances may also be cited as the "Athens City Code."

1-2 Definitions And Rules Of Construction

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In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

Generally. Words and phrases shall be construed in their plain, ordinary and usual sense, except that technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

City. The term "city" means the City of Athens, Tennessee, and shall extend to and include its several officers, agents and employees.

City council. The term "city council" means the governing body of the City of Athens, Tennessee.

Code and this Code. The terms "Code" and "this Code" mean the Code of Ordinances of the City of Athens, Tennessee, as designated in ACC 1-1.

County. The term "county" means McMinn County, Tennessee.

May. The term "may" means the act referred to is permissive.

Month. The term "month" means a calendar month.

Oath. The term "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Ordinance. The term "ordinance" means a legislative act of the city council of a general and permanent nature.

Owner. The term "owner," when applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. The term "person" extends and is applied to associations, clubs, limited liability companies, societies, firms, partnerships and bodies politic and corporate, as well as to individuals.

Personal property. The term "personal property" includes every species of property except real property.

Property. The term "property" includes real, personal and mixed property.

Public place. The term "public place" means any place subject to the primary control of any public agency, including, but not limited to, any park, street, public way, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

Real property. The term "real property" includes lands, tenements and hereditaments.

Resolution. The term "resolution" means a legislative act of the city council of a special or temporary character.

Shall. The term "shall" means the act referred to is mandatory.

Sidewalk. The term "sidewalk" means the portion of the street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

State. The term "state" means the State of Tennessee.

Street. The term "street" means and includes streets, avenues, boulevards, roads, highways, alleys, lanes, viaducts and all other public ways in the city.

T.C.A. The abbreviation "T.C.A." means the Tennessee Code Annotated, as now or hereafter amended.

Written and in writing. The terms "written" and "in writing" include any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year unless otherwise expressed, and the term "year" alone is equivalent to the expression "Year of Our Lord."

1-3 Rules Of Construction

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1-4 Reference To Other Sections

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If in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision and the context clearly indicates that the reference to the section as amended or revised was not intended.

1-5 Conflicting Provisions

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If the provisions of different codes, titles, chapters, or sections of this Code conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.

1-6 Catchlines Of Sections; History Notes; References

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1-7 Effect Of Repeal

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Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance. The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.

1-8 Severability Of Parts Of Code

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It is the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

1-9 Code Does Not Affect Prior Offenses, Penalties And Rights

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Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

1-10 Provisions Deemed Continuation Of Existing Ordinances

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The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the city council relating to the same subject matter, shall be construed as restatement and continuation thereof and not as new enactments.

1-11 Errors And Omissions

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If a manifest error is discovered consisting of the misspelling of any word, the omission of any word necessary to express the intention of the provisions affected, the use of a word to which no meaning can be attached, or the use of a word when another word was clearly intended to express the intent, the spelling shall be corrected, and the word supplied, omitted, or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct word was contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

1-12 Certain Ordinances Not Affected By Code

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Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance listed in this section; such ordinances continue in full force and effect to the same extent as if published at length in this Code.

1-13 General Penalty

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Unless otherwise specified in a title, chapter, or section of this Code, when in this Code any act is prohibited or is made or declared to be a civil offense, or when in this Code the doing of any act is required or the failure to do any act is declared to be a civil offense, the violation of such provision shall be punished by a civil penalty of not more than $500.00 plus costs for each separate violation; provided, however, that the imposition of a civil penalty under this Code shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action when called for or permitted under this Code or other applicable law. Each day a violation of this Code continues shall constitute a separate civil offense.

CHAPTER 1-II CITY COUNCIL

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1-43 Time And Place Of Regular Meetings

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The city council shall hold regular monthly meetings at 6:00 p.m., Local Standard Time, on the third Tuesday of each month at the city hall.

(Code 1972, § 1-101; Code 1995, § 1-101)

1-44 Order Of Business

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At each meeting of the city council, the following regular order of business shall be observed unless dispensed with by a majority vote of the members present:

(Code 1972, § 1-102; Code 1995, § 1-102; Ord. No. 1072, § 1, 1-15-2019; Ord. No. 1115, § 1, 1-17-2023; Ord. No. 1126, § 1, 3-19-2024)

HISTORY
Amended by Ord. 1072 on 1/15/2019
Amended by Ord. 1115 on 1/17/2023
Amended by Ord. 1126 on 3/19/2024
Amended by Ord. 1135 on 10/30/2024

1-45 General Rules Of Order

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The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, shall govern the transaction of business by and before the city council at its meetings in all cases to which they are applicable and in which they are not inconsistent with provisions of the Charter or this Code.

(Code 1972, § 1-103; Code 1995, § 1-103)

1-46 Compensation Of Mayor And Councilmembers

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HISTORY
Amended by Ord. 1159 on 8/18/2026

CHAPTER 1-III MAYOR

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1-64 Duties

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The mayor shall perform such duties as provided by the Charter and any ordinances duly enacted by the city council consistent with the Charter.

1-65 Execution Of City Contracts

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The mayor shall execute all contracts as authorized by the city council.

CHAPTER 1-IV CITY MANAGER

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1-89 Bond

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Before entering upon his or her duties, the city manager shall execute a fidelity bond in the sum of not less than $25,000.00 for the faithful performance of his or her duties. The bond shall have as surety thereon some surety company authorized to do business in the state.

(Code 1972, § 1-201; Code 1995, § 1-201)

1-90 Expenditures--Generally

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The city manager shall see that all purchases for the city are made in accordance with Charter requirements, in conformity with budget and appropriation ordinances and in such a manner as will reasonably ensure for the city the lowest possible price.

(Code 1972, § 1-202; Code 1995, § 1-202)

1-91 Expenditures--Without Specific Authorization

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The maximum expenditure which the city manager may make without specific authorization of the city council is the state maximum allowed without competitive bidding.

(Code 1972, § 1-203; Code 1995, § 1-203; Ord. No. 868, § 1, 4-18-2000; Ord. No. 1078, § 1, 6-18-2019)

1-92 Expenditures--Over 40 Percent Of Bid Threshold Up To State Maximum

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Prior to making expenditures over 40 percent of the bid threshold, the city manager shall obtain at least three competitive prices via telephone, written quotations, email, or facsimile as referenced by T.C.A. § 12-3-1212.

(Code 1972, § 1-204; Code 1995, § 1-204; Ord. No. 868, § 2, 4-18-2000; Ord. No. 1078, § 1, 6-18-2019)

1-93 Expenditures--Exceeding State Maximum Without Competitive Bidding

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No purchase shall be made at any one time in an amount which in the aggregate will exceed the state maximum allowed without competitive bidding unless bids shall have been requested in a newspaper of general circulation and written invitations to bid made available not less than 14 days prior to the opening of bids.

(Code 1972, § 1-205; Code 1995, § 1-205; Ord. No. 868, § 3, 4-18-2000; Ord. No. 1078, § 1, 6-18-2019)

CHAPTER 1-V FINANCE DIRECTOR AND CITY CLERK

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1-115 To Be Bonded

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The director of finance shall be bonded in the minimum sum of $25,000.00, with surety acceptable to the city council, before assuming the duties of said office.

(Code 1972, § 1-301; Code 1995, § 1-301; Ord. No. 917, 4-20-2004)

1-116 To Keep Minutes, Etc.

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The city clerk or designee of the city manager shall keep the minutes of all meetings of the city council and shall preserve the original copy of all ordinances in a separate ordinance book.

(Code 1972, § 1-302; Code 1995, § 1-302; Ord. No. 917, 4-20-2004)

1-117 To Perform General Clerical Duties, Etc.

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The city clerk or designee of the city manager shall perform all clerical duties for the city manager and city council which are not expressly assigned by the Charter or this Code to another corporate officer.

(Code 1972, § 1-303; Code 1995, § 1-303; Ord. No. 917, 4-20-2004)

CHAPTER 1-VI CITY ATTORNEY

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1-148 Appointment; Tenure; Qualifications

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The city attorney is appointed by the city council and serves at the will and pleasure of the city council. The city attorney must be licensed to practice law in the state.

(Code 1972, § 1-401; Code 1995, § 1-401)

1-150 To Review Ordinances

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The city attorney shall, upon the introduction of an ordinance, see that it is in proper form and not in conflict with any constitutional, statutory, or Charter provision.

(Code 1972, § 1-403; Code 1995, § 1-403)

1-151 To Prosecute For City

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The city attorney, when requested, shall be the prosecutor in any police, municipal, or other court.

(Code 1972, § 1-404; Code 1995, § 1-404)

1-152 To Prepare Contracts, Etc.

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The city attorney shall prepare all contracts, bonds, and other instruments in writing in which the city is concerned and shall endorse on each his approval of the form and correctness thereof.

(Code 1972, § 1-405; Code 1995, § 1-405)

1-153 To Collect Debts

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Upon a report to the city attorney by the city manager of any indebtedness to the city on the part of any former officer or employee, ascertained by the manager upon audit occasioned by the death, resignation, removal, or expiration of the term of such officer, the city attorney shall forthwith proceed to collect the same.

(Code 1972, § 1-406; Code 1995, § 1-406)

1-154 Miscellaneous Duties

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In addition to the duties in this chapter, the city attorney shall perform such other duties as may be required of him by statute, Charter or ordinances, or by the city manager.

(Code 1972, § 1-407; Code 1995, § 1-407)

CHAPTER 1-VII ETHICS

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HISTORY
Adopted by Ord. 956 was Title 1 Chapter 5 (1-501 -1-511) on 6/19/2007

1-178 Personal Interest Defined

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For purposes of ACC 1-179 and ACC 1-180, the term "personal interest" means:

(Code 1995, § 1-502; Ord. No. 956, 6-19-2007)

1-179 Disclosure Of Personal Interest--By Official With Vote

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An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official's vote on the measure. In addition, the official may recuse himself from voting on the measure.

(Code 1995, § 1-503; Ord. No. 956, 6-19-2007)

1-180 Disclosure Of Personal Interest--In Non-Voting Matters

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An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion shall disclose, before the exercise of the discretion when possible, the interest on a form provided by and filed with the city manager. In addition, the official or employee may, to the extent allowed by law, Charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter.

(Code 1995, § 1-504; Ord. No. 956, 6-19-2007)

1-181 Acceptance Of Gratuities, Etc.

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(Code 1995, § 1-505; Ord. No. 956, 6-19-2007)

1-182 Use Of Information

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(Code 1995, § 1-506; Ord. No. 956, 6-19-2007)

1-183 Use Of Municipal Time, Facilities, Etc.

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(Code 1995, § 1-507; Ord. No. 956, 6-19-2007)

1-184 Use Of Position Or Authority

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(Code 1995, § 1-508; Ord. No. 956, 6-19-2007)

1-185 Outside Employment

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An official or employee may not accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the city Charter or any ordinance or policy.

(Code 1995, § 1-509; Ord. No. 956, 6-19-2007)

1-186 Ethics Complaints

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(Code 1995, § 1-510; Ord. No. 956, 6-19-2007)

1-187 Violations

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An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to punishment as provided by the city Charter or other applicable law, and, in addition, is subject to censure by the city council. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action.

(Code 1995, § 1-511; Ord. No. 956, 6-19-2007)

TITLE 2 BOARDS AND COMMISSIONS, ETC (RESERVED)

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TITLE 3 MUNICIPAL COURT

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CHAPTER 3-I CITY JUDGE

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3-1 Appointment; Qualification; Vacancies; Judge Pro Tem

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3-2 Jurisdiction

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The city judge shall have the authority to try persons charged with the violation of this Code and other municipal ordinances and to punish persons convicted of such violations by levying a civil penalty under ACC 1-13.

3-3 Absence

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When the city judge is absent or unavailable to preside over the city court, an acting city judge, designated in accordance with the provisions of art. XXII, § 1, of the Charter, shall preside over the city court.

(Code 1972, § 1-701; Code 1995, § 3-101)

CHAPTER 3-II COURT ADMINISTRATION

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3-25 Maintenance Of Docket

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The city judge shall keep or cause to be kept a court docket which shall include the following information: the name of the defendant, the nature of the offense, the date of the trial, the findings of the court, the amount and date of payment of civil penalties, costs and forfeitures and any other information deemed pertinent.

(Code 1972, § 1-702; Code 1995, § 3-201)

3-26 Imposition Of Penalties And Costs

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(Ord. No. 1015, § 1, 2-19-2013; Ord. No. 1028, § 1, 6-17-2014)

HISTORY
Amended by Ord. 1143 on 8/19/2025

3-27 Disposition And Report Of Civil Penalties, Costs And Forfeitures

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The city manager shall designate a city employee to collect and pay over daily to the director of finance all civil penalties, costs and forfeitures levied by the city court. At the end of each month, such collector shall submit to the city council a report accounting for the collection or non-collection of all civil penalties and costs imposed by the court during the current month and to date for the current fiscal year.

(Code 1972, § 1-708; Code 1995, § 3-202; Ord. No. 1015, § 2, 2-19-2013)

3-28 Disturbance Of Proceedings

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It is a civil offense for any person to create any disturbance of any trial before the city court by making loud or unusual noises, by using indecorous, profane or blasphemous language, or by any distracting conduct whatsoever. Disturbance of proceedings is punishable by a civil penalty of $50.00 or such lesser amount as may be imposed in the judge's discretion.

(Code 1972, § 1-709; Code 1995, § 3-203; Ord. No. 1015, § 2, 2-19-2013)

3-29 Trial And Disposition Of Cases

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Every person charged with violating a municipal ordinance shall be entitled to a trial and disposition of his case when the city court is in session unless, by reason of drunkenness or other incapacity, such alleged violator is not in a proper condition or is not able to appear before the court.

(Code 1972, § 1-705; Code 1995, § 3-204; Ord. No. 1015, § 2, 2-19-2013)

CHAPTER 3-III WARRANTS, SUMMONSES AND SUBPOENAS

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3-47 Issuance Of Summonses

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When a complaint of an alleged ordinance violation is made to the city judge, the judge may, in his discretion, in lieu of issuing an arrest warrant, issue a summons, ordering the alleged offender to personally appear before the city court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the ordinance alleged to have been violated. Upon failure of any person to appear before the city court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal.

(Code 1972, § 1-703; Code 1995, § 3-301)

3-48 Issuance Of Subpoenas

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The city judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court. It is unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith.

(Code 1972, § 1-704; Code 1995, § 3-302)

CHAPTER 3-IV BONDS AND APPEALS

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3-70 Right Of Appeal

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Any person dissatisfied with a judgment of the municipal court against him or her may, within ten days after such judgment is entered (excluding Sundays), appeal to the county circuit court upon giving bond.

(Code 1972, § 1-707; Code 1995, § 3-401)

3-71 Bond Amount, Conditions, And Forms

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TITLE 4 MUNICIPAL PERSONNEL

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CHAPTER 4-I SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES

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4-1 Policy And Purpose As To Coverage

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It is declared to be the policy and purpose of the city to provide for all eligible employees and officials of the city, whether employed in connection with a governmental or proprietary function, the benefits of the system of federal old age and survivors insurance. In pursuance of said policy, and for that purpose, the city shall take such action as may be required by applicable state and federal laws or regulations.

(Code 1972, § 1-901; Code 1995, § 4-101)

4-2 Necessary Agreements To Be Executed

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The mayor is authorized and directed to execute all the necessary agreements and amendments thereto with the state executive director of old age insurance, as agent or agency, to secure coverage of employees and officials as provided in ACC 4-1 as of January 1, 1951.

(Code 1972, § 1-902; Code 1995, § 4-102)

4-3 Withholdings From Salaries Or Wages

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Withholdings from the salaries or wages of employees and officials for the purpose provided in ACC 4-1 are authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations and shall be paid over to the state or federal agency designated by said laws or regulations.

(Code 1972, § 1-903; Code 1995, § 4-103)

4-4 Appropriations For Employer's Contributions

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There shall be appropriated from available funds such amounts at such times as may be required by applicable state or federal laws or regulations for employer's contributions, and the same shall be paid over to the state or federal agency designated by said laws or regulations.

(Code 1972, § 1-904; Code 1995, § 4-104)

4-5 Records And Reports To Be Made

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The city shall keep such records and make such reports as may be required by applicable state and federal laws or regulations.

(Code 1972, § 1-905; Code 1995, § 4-105)

CHAPTER 4-II PERSONNEL REGULATIONS

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ARTICLE 4-II-1 PERSONNEL REGULATIONS GENERALLY

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4-29 Personnel Rules And Regulations

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All officers and employees of the city, except those operating under the jurisdiction of a school, utility, or other separate board or commission, shall be governed by applicable provisions of state law, the city's Charter and this Code, and such rules and regulations as the city council may adopt by resolution. The city personnel rules are on file in the office of the city recorder.

(Code 1972, § 1-1001; Code 1995, § 4-201)

4-30 Travel Policy

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ARTICLE 4-II-2 OCCUPATIONAL SAFETY AND HEALTH PROGRAM

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4-49 Purpose

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This article shall provide authority for establishing and administering the occupational safety and health program for the employees of the city.

(Code 1972, § 1-1401; Code 1995, § 4-301; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-50 Generally

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The city, in electing to update its established program plan, will maintain an effective occupational safety and health program for its employees and shall:

(Code 1972, § 1-1402; Code 1995, § 4-302; Ord. No. 872, 12-19-2000; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-51 Coverage

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The provisions of the occupational safety and health program for the employees of the city shall apply to all employees of each administrative department, commission, board, division, or other agency of the city whether part-time or full-time, seasonal or permanent. These provisions exclude any employee, department, commission, board, division, or other agency of the city school system.

(Code 1972, § 1-1403; Code 1995, § 4-303; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-52 Standards Authorized

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The occupational safety and health standards adopted by the city are the same as, but not limited to, the state occupational safety and health standards promulgated, or which may be promulgated, in accordance with the Occupational Safety and Health Act of 1972, T.C.A. title 50, ch. 3.

(Code 1995, § 4-304; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-53 Variances From Standards Authorized

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The city may, upon written application to the state commissioner of labor and workforce development, request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with rules of the state department of labor and workforce development, Tennessee Comprehensive Rules and Regulations 0800-01-03 (formerly 0100-03), as authorized by T.C.A. title 50. Prior to requesting such temporary variance, the city shall notify or serve notice to employees, their designated representatives, or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board as designated by the city shall be deemed sufficient notice to employees.

(Code 1995, § 4-305; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-54 Administration

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For the purposes of this article, the city manager is designated as the director of occupational safety and health to perform duties and to exercise powers assigned so as to plan, develop, and administer the city. The director shall develop a plan of operation for the program and said plan shall become a part of this article when it satisfies all applicable sections of the Tennessee Occupational Safety and Health Act of 1972, T.C.A. title 50, ch. 3, and part IV of the state occupational safety and health plan.

(Code 1995, § 4-306; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

4-55 Funding The Program

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Sufficient funds for administering and staffing the program pursuant to this article shall be made available as authorized by the city.

(Code 1995, § 4-307; Ord. No. 912, 6-17-2003; Ord. No. 989, 7-20-2010)

TITLE 5 MUNICIPAL FINANCE AND TAXATION

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CHAPTER 5-I FINANCE AND TAXATION IN GENERAL

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5-1 Official Depositories For City Funds

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Depositories for city funds include the local government investment pool administered by the state and any financial institution meeting the guidelines as set forth by the state.

(Code 1972, § 6-601; Code 1995, § 5-101; Ord. No. 788, 4-19-1994; Ord. No. 861, 9-21-1999; Ord. No. 917, 4-20-2004)

CHAPTER 5-II TAXATION

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ARTICLE 5-II-1 TAXATION GENERALLY

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5-21 Real Property Taxes

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Taxes levied by the city against real property shall become due and payable annually on October 1. All real property taxes shall become delinquent on such date and shall be subject to such penalties as are prescribed and authorized in art. XI, § 5 of the Charter.

(Code 1972, §§ 6-102, 6-102; Code 1995, §§ 5-201, 5-202)

5-22 Business Tax And License

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(Code 1972, §§ 6-201, 6-202; Code 1995, §§ 5-301, 5-302)

5-23 Wholesale Beer Tax

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The director of finance is directed to take appropriate action to ensure payment to the city of the wholesale beer tax levied by the Wholesale Beer Tax Act, T.C.A. title 57, ch. 6 (T.C.A. § 57-6-101 et seq.).

(Code 1972, § 6-301; Code 1995, § 5-401)

ARTICLE 5-II-2 LOCAL SALES TAX

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5-50 Tax Levied

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As authorized by T.C.A. § 67-6-701, as amended, there is levied a tax in the same manner and on the same privileges subject to the Retailers' Sales Tax Act, T.C.A. title 67, ch. 6 as the same may be amended, which are exercised in the city. The tax is levied on all such privileges at a rate of 2.75 percent not to exceed the maximum percentage as provided in the 1963 Local Option Revenue Act, T.C.A. § 67-6-702, unless otherwise provided by statute.

(Code 1972, § 6-401; Code 1995, § 5-501; Ord. No. 1074, 4-16-2019)

5-51 When Collection To Begin

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The collection of the tax levied by this article shall begin on the first day of the month occurring 30 or more days after the election commission makes its official canvass of the election returns.

(Code 1972, § 6-402; Code 1995, § 5-502; Ord. No. 1074, 4-16-2019)

5-52 State To Collect For City

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It having been determined by the state department of revenue that it is feasible for this tax to be collected by that department, said determination being evidenced by local option sales and use tax rules and regulations heretofore promulgated by the department of revenue, the department shall collect such tax concurrently with the collection of the state tax in the same manner as the state tax is collected in accordance with rules and regulations promulgated by said department. The mayor is authorized to contract with the department of revenue for the collection of the tax by the department and to provide in said contract that the department may deduct from the tax collected a reasonable amount or percentage to cover the expense of the administration and collection of said tax.

(Code 1972, § 6-403; Code 1995, § 5-503; Ord. No. 1074, 4-16-2019)

5-53 Suits For Recovery Of Tax Illegally Assessed

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In the event the tax is collected by the department of revenue, suits for the recovery of any tax illegally assessed or collected shall be brought against the mayor of the city.

(Code 1972, § 6-404; Code 1995, § 5-504; Ord. No. 1074, 4-16-2019)

ARTICLE 5-II-3 HOTEL/MOTEL TAX

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5-80 Definitions

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Whenever used in this article, terms shall have the meanings as defined by the applicable sections of the Tennessee Code Annotated, unless the context necessarily requires otherwise.

(Ord. No. 1104, § 1(5-601), 8-17-2021)

5-81 City Business License Required

Original source

No person shall conduct, keep, manage, operate or cause to be conducted, kept, managed or operated, either as owner, lessor, agent or attorney, any hotel in the city without having first obtained a valid and current city business license to do so.

(Ord. No. 1104, § 1(5-602), 8-17-2021)

5-82 Levy Of Tax Authorized

Original source

The city council does levy a privilege tax upon the privilege of occupancy in any hotel of each transient in the amount of four percent of the consideration charged by the operator. Such tax is a privilege tax upon the transient occupying such room and is to be collected as provided in this article.

(Ord. No. 1104, § 1(5-603), 8-17-2021)

5-83 Disposition Of Tax

Original source

The proceeds received by the city shall be designated and used to promote tourism and tourism development. In the initial year, the proceeds shall be allocated to the general fund and, thereafter, the proceeds may be distributed as the council by ordinance may direct.

(Ord. No. 1104, § 1(5-604), 8-17-2021)

5-84 Collection And Refund

Original source

(Ord. No. 1104, § 1(5-605), 8-17-2021)

5-85 Remittance Of Tax

Original source

(Ord. No. 1104, § 1(5-606), 8-17-2021)

5-86 Monthly Tax Return; Annual Audit

Original source

The finance director shall be responsible for the collection of the tax. A monthly tax return under oath shall be filed with the director by the operator with such number of copies thereof as the director may reasonably require for the collection of such tax. The return of the operator shall include such facts and information as may be deemed reasonable for the verification of the tax due. The form of such return shall be developed by the finance director with the approval of the city manager. The finance director shall have the authority and right to audit and inspect records of each operator in the city.

(Ord. No. 1104, § 1(5-607), 8-17-2021)

5-87 No Advertising Of Rebates

Original source

No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded.

(Ord. No. 1104, § 1(5-608), 8-17-2021)

5-88 Delinquent Taxes; Interest And Civil Penalty

Original source

Taxes collected by an operator which are not remitted to the city on or before the due date are delinquent. An operator shall be liable for interest on such delinquent taxes from the due date at the rate of 12 percent per annum and is liable for an additional civil penalty of one percent for each month or fraction thereof such taxes are delinquent. Such interest and civil penalty shall become a part of the tax herein required to be remitted. Each occurrence of willful refusal of an operator to collect or remit the tax or willful refusal of a transient to pay the tax imposed is a civil offense and shall be punishable by a civil penalty of $50.00 per day per offense.

(Ord. No. 1104, § 1(5-609), 8-17-2021)

5-89 Records; Inspection

Original source

It is the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve for a period of three years all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of the payment to the city, which records the finance director shall have the right to inspect at all reasonable times.

(Ord. No. 1104, § 1(5-610), 8-17-2021)

5-90 Administration And Enforcement

Original source

The finance director, under the guidance of the city manager, in administering and enforcing the provisions of this article shall have as additional powers those powers and duties with respect to collecting taxes as provided in T.C.A. title 67 or otherwise by law for the county clerks.

(Ord. No. 1104, § 1(5-611), 8-17-2021)

5-91 Deposit Of Funds

Original source

The finance director is charged with the duty of collection of the tax herein authorized and shall place the proceeds of such tax in accounts within the various funds as required.

(Ord. No. 1104, § 1(5-612), 8-17-2021)

TITLE 6 LAW ENFORCEMENT

Original source




CHAPTER 6-I POLICE AND ARREST

Original source







6-1 Police Chief

Original source

The chief of police shall be appointed by and serve at the will of the city manager. He shall have general supervision over the police department and shall be responsible for the efficiency thereof. All police officers shall obey and comply with such orders and administrative rules and regulations as the police chief may officially issue.

(Code 1972, § 1-501; Code 1995, § 6-101)

6-2 Police Officers To Preserve Law And Order, Etc.

Original source

Police officers shall preserve law and order within the city. They shall patrol the city and shall assist the city court during the trial of cases. Police officers shall also promptly serve any legal process issued by the city court.

(Code 1972, § 1-502; Code 1995, § 6-102)

6-3 Police Officers To Wear Uniforms And Be Armed

Original source

All police officers shall wear such uniform and badge as the city council shall authorize and shall carry a service pistol and other non-lethal weapons at all times while on duty unless otherwise expressly directed by the chief for a special assignment.

(Code 1972, § 1-503; Code 1995, § 6-103)

6-4 When Police Officers To Make Arrests

Original source

Unless otherwise authorized or directed in this Code or other applicable law, an arrest of the person shall be made by a police officer in the following cases:

(Code 1972, § 1-504; Code 1995, § 6-104)

6-5 Police Department Records

Original source

Based on the retention schedule as mandated by law, the police department shall keep a comprehensive and detailed record showing:

(Code 1972, § 1-507; Code 1995, § 6-106)

CHAPTER 6-II POLICE RESERVE FORCE

Original source












6-29 Designation, Membership, And Employee Status

Original source

The auxiliary police force shall be designated as the city police reserve. It shall be composed of a voluntary membership of not to exceed 25 members headed by the city chief of police. The members shall be part-time employees of the city police department and shall be included in workmen's compensation and liability insurance provided for employees of the city.

(Code 1972, § 1-601; Code 1995, § 6-201)

6-30 Chief Of Police To Have Control

Original source

The chief of police shall have complete authority, control, and command over the police reserve force, subject to the provisions of this chapter. The chief may appoint as members thereof any person the chief may consider qualified and may reject any application for membership. The chief shall provide for the training of candidates for membership and for the further training of members. The city shall be responsible for payment for such training.

(Code 1972, § 1-603; Code 1995, § 6-203)

6-31 Method Of Appointment And Qualifications Of Members

Original source

(Code 1972, § 1-604; Code 1995, § 6-204)

6-32 Removal From Membership Or Resignation

Original source

Membership of any person may be terminated at the will and pleasure of the chief. Any member may resign from the police reserve force at any time, but it shall be his duty to notify the chief of his resignation.

(Code 1972, § 1-605; Code 1995, § 6-205)

6-33 Summary Dismissal Of Members

Original source

In addition to the penalties provided by law, any violation of law under color of the performance of his or her duties as a member of the police reserve force and any breach of the rules and regulations established by the chief may subject any member to summary dismissal, and the fact thereof may be published by order of the chief.

(Code 1972, § 1-606; Code 1995, § 6-206)

6-34 Uniforms, Badges, And Insignia Designated By Chief

Original source

The chief shall prescribe the uniforms, badges, and insignia for members of the police reserve force and the manner in which the same shall be worn. The city will furnish uniforms at no expense to the members.

(Code 1972, § 1-607; Code 1995, § 6-207)

6-35 Identification Cards, Insignia, Etc.

Original source

An identification card and such other insignia or evidence of identity as the chief may prescribe shall be issued to each member, who must carry such identification at all times while on duty and surrender them upon the termination of his membership.

(Code 1972, § 1-608; Code 1995, § 6-208)

6-36 Duties

Original source

The duties of the police reserve force, subject at all times to the direction, supervision, and control of the chief, shall be to assist the regular members of the police department in enforcement of the law and in the maintenance of peace and order at such times provided for and designated by the chief. The chief shall establish rules and regulations to govern the police reserve force, to fix the specific duties of its members, and to provide for the maintenance of discipline. He may change such orders from time to time. No member shall in any manner perform any act as a member of the police reserve force unless he is specifically designated for duty as such member at the time. The chief may prescribe duties other than those mentioned herein so long as they are not inconsistent with the provisions hereof.

(Code 1972, § 1-609; Code 1995, § 6-209)

6-37 Power And Authority Of Members

Original source

(Code 1972, § 1-610; Code 1995, § 6-210)

6-38 False Personation

Original source

It shall be a civil offense for any person to wear a police reserve force uniform, badge or insignia, or to carry or display an identification card, or otherwise to deceitfully represent himself to be a member of, or connected with, the police reserve force, unless he is in fact a member thereof in good standing.

(Code 1972, § 1-611; Code 1995, § 6-211)

TITLE 7 FIRE PROTECTION AND FIREWORKS

Original source






CHAPTER 7-I FIRE DISTRICT

Original source



7-1 Fire Limits Described

Original source

The corporate fire limits shall be as follows:

(Code 1972, § 7-101; Code 1995, § 7-101)

CHAPTER 7-II FIRE CODE

Original source








7-21 Adopted

Original source

Pursuant to the authority granted by T.C.A. §§ 6-54-501 through 6-54-506, and for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city, the International Fire Code, 2021 edition (see Ordinance 1142 for full list of exceptions), as recommended by the International Code Council, is adopted by reference and included as a part of this Code. Pursuant to the requirement of T.C.A. § 6-54-502, one copy of the fire code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public. Said fire code is adopted and incorporated as fully as if set out at length herein and shall be controlling with the corporate limits.

(Code 1972, § 7-201; Code 1995, § 7-201; Ord. No. 854, 4-20-1999; Ord. No. 869, § 1, 5-16-2000; Ord. No. 991, 8-17-2010; Ord. No. 1058, § 1, 1-17-2017; Ord. No. 1105, § 1, 12-21-2021)

HISTORY
Amended by Ord. 1142 on 7/15/2025

7-22 Enforcement

Original source

The fire code adopted by reference in ACC 7-21 shall be enforced by the fire chief. The chief shall have the same powers as the state fire marshal.

(Code 1972, § 7-202; Code 1995, § 7-202; Ord. No. 991, 8-17-2010)

7-23 Municipality Defined

Original source

Whenever the term "municipality" is used in the fire code herein adopted, it shall be held to mean the city.

(Code 1972, § 7-203; Code 1995, § 7-203; Ord. No. 991, 8-17-2010)

7-24 Modifications

Original source

(Code 1972, § 7-205; Code 1995, § 7-204; Ord. No. 824, § 1, 12-17-1996; Ord. No. 991, 8-17-2010)

7-25 Gasoline Truck Operation And Parking Restricted

Original source

No person shall operate or park any gasoline tank truck within the central business district or within any residential area at any time except for the purpose of and while actually engaged in the expeditious delivery of gasoline.

7-26 Violations

Original source

It is a civil offense for any person to violate any of the provisions of this chapter or the fire code adopted, or fail to comply therewith, or violate or fail to comply with any order made thereunder, or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fail to comply with such an order as affirmed or modified by the fire chief or city manager or by a court of competent jurisdiction, within the time fixed herein. The application of a civil penalty under ACC 1-13 shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1972, § 7-207; Code 1995, § 7-206; Ord. No. 991, 8-17-2010)

CHAPTER 7-III FIRE DEPARTMENT

Original source












7-56 Establishment, Equipment And Membership

Original source

The city has established a fire department to be supported and equipped from appropriations by the city council. All apparatus, equipment, and supplies shall be purchased by or through the city and shall be and remain the property of the city. The fire department shall be composed of a chief and such number of physically fit subordinate officers and firefighters as the city manager shall appoint.

(Code 1972, § 7-301; Code 1995, § 7-301)

7-57 Objectives

Original source

The fire department shall have as its objectives:

(Code 1972, § 7-302; Code 1995, § 7-302)

7-58 Organization, Rules, And Regulations

Original source

The fire chief shall set up the organization of the department, make definite assignments to individuals, and shall formulate and enforce such rules and regulations as shall be necessary for the orderly and efficient operation of the fire department.

(Code 1972, § 7-303; Code 1995, § 7-303)

7-59 Records And Reports

Original source

The fire chief shall keep adequate records of all fires, inspections, apparatus, equipment, personnel, and work of the department. He shall submit a written report on those matters to the city manager once each month and, at the end of the year, a detailed annual report shall be made.

(Code 1972, § 7-304; Code 1995, § 7-304)

7-60 Tenure And Compensation Of Members

Original source

The chief shall hold office so long as his conduct and efficiency are satisfactory to the city manager. The city manager or the chief shall have the authority to suspend or discharge any other member of the fire department when he deems such action to be necessary for the good of the department. All personnel of the fire department shall receive such compensation for their services as the city council may from time to time prescribe.

(Code 1972, § 7-305; Code 1995, § 7-305)

7-61 Chief Responsible For Training And Maintenance

Original source

The fire chief shall be fully responsible for the training of firefighters.

(Code 1972, § 7-306; Code 1995, § 7-306)

7-62 Chief To Be Assistant To State Officer

Original source

Pursuant to requirements of T.C.A. § 68-102-108, the fire chief is designated as an assistant to the state commissioner of insurance and is subject to all the duties and obligations imposed by T.C.A. title 68, ch. 102 and shall be subject to the directions of the fire prevention commissioner in the execution of the provisions thereof.

(Code 1972, § 7-308; Code 1995, § 7-307)

7-63 Destruction Of Property

Original source

During the progress of any fire, the fire department may remove or destroy any property necessary to prevent the further spread of the fire.

(Code 1972, § 7-309; Code 1995, § 7-308)

7-64 Police Powers Of Firefighters

Original source

Firefighters shall have the same powers and authority as police officers of the city while going to, attending, and returning from fires and for the purpose of enforcing fire prevention regulations and protecting firefighting apparatus, equipment and facilities.

(Code 1972, § 7-310; Code 1995, § 7-309)

7-65 Equipment To Be Used Only Within Corporate Limits

Original source

No equipment of the fire department shall be used for fighting any fire outside the corporate limits except pursuant to a mutual aid agreement entered into with another municipal corporation.

(Code 1972, § 7-307; Code 1995, § 7-401)

CHAPTER 7-IV FIREWORKS

Original source







7-89 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

(1972 Code, § 7-401; Code 1995, § 7-501)

7-90 Manufacture, Sale And Discharge

Original source

(Code 1972, § 7-402; Code 1995, § 7-502)

7-91 Disposal Of Unfired Fireworks

Original source

Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(1972 Code, § 7-404; Code 1995, § 7-504)

7-92 Exceptions

Original source

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

(1972 Code, § 7-405; Code 1995, § 7-505)

7-93 Seizure

Original source

The fire chief or any police officers having knowledge thereof shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter.

(1972 Code, § 7-406; Code 1995, § 7-506)

TITLE 8 ALCOHOLIC BEVERAGES

Original source






CHAPTER 8-I INTOXICATING LIQUORS

Original source










8-1 General Prohibition Regarding Alcohol; Definitions

Original source

(Code 1972, § 2-101; Code 1995, § 8-101; Ord. No. 834, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 1011, 10-16-2002)

8-2 Purchase Or Attempt To Purchase By Minors

Original source

No minor under 21 years of age shall purchase or attempt to purchase intoxicating liquor or beer at any place where it is sold.

(Code 1972, § 10-222; Code 1995, § 11-101)

8-3 Consumption Of Alcoholic Beverages On Premises

Original source

T.C.A. title 57, ch. 4 is adopted so as to be applicable to all sales of alcoholic beverages for on-premises consumption which are regulated by that chapter when such sales are conducted within the corporate limits of the city. It is the intent of the city council that T.C.A. title 57, ch. 4, and any amendment thereto, shall be effective in the city, the same as if the code sections were copied herein verbatim.

(Code 1995, § 8-102; Ord. No. 873, 1-16-2001)

8-4 Privilege Tax On Retail Sale Of Alcoholic Beverages For Consumption On The Premises

Original source

Pursuant to the authority contained in T.C.A. § 57-4-301, there is levied a privilege tax in the same amounts levied by T.C.A. § 57-4-301 for the city general fund to be paid annually, as provided in this chapter, upon any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., engaging in the business of selling at retail in the city alcoholic beverages for consumption on the premises where sold.

(Code 1995, § 8-103; Ord. No. 873, 1-16-2001)

8-5 Annual Privilege Tax To Be Paid To The Director Of Finance

Original source

Any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., exercising the privilege of selling alcoholic beverages for consumption on the premises in the city shall remit annually to the director of finance the appropriate tax described in ACC 8-4. Such payment shall be remitted not less than 30 days following the end of each 12-month period from the original date of the license. Upon the transfer of ownership of such business or the discontinuance of such business, the tax shall be filed within 30 days following such event. Any person or legal entity, regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., failing to make payment of the appropriate tax when due shall be subject to any penalty provided by law, including revocation of the privilege of selling alcoholic beverages for consumption on the premises in the city.

(Code 1995, § 8-104; Ord. No. 873, 1-16-2001)

8-6 Sign Restrictions

Original source

Notwithstanding any provision in T.C.A. title 57, ch. 4, no outdoor sign, advertisement or display that advertises alcoholic beverages may be erected or maintained on or about the property from which alcoholic beverages for consumption on the premises is made other than one sign, advertisement or display which makes reference to the fact that the establishment sells alcoholic beverages for consumption on the premises but does not use brand names, pictures, numbers, prices or diagrams relating to any particular type or brand of alcoholic beverages.

(Code 1995, § 8-105; Ord. No. 873, 1-16-2001)

8-7 Responsibilities Of Licensee

Original source

(Code 1995, § 8-106; Ord. No. 873, 1-16-2001)

8-8 Unregulated And Unlicensed Possession And Consumption Of Beer And Alcoholic Beverages

Original source

This section shall make the unregulated and unlicensed possession and consumption of beer and alcoholic beverages in a business in the city unlawful.

(Code 1995, § 8-107; Ord. No. 888, 12-18-2001)

CHAPTER 8-II LIQUOR STORES

Original source






















8-35 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means and includes alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits, and wine capable of being consumed by a human being other than medicine or beer where the latter contains an alcohol content of (5%) five percent by weight or less. The term "alcoholic beverage" also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, irrespective of alcoholic content. Products or beverages, including beer, containing less than one-half percent alcohol by volume, other than wine as defined in this section, shall not be considered an alcoholic beverage and shall not be subject to regulation or taxation pursuant to this chapter unless specifically provided.

Applicant means a person applying for a local liquor store privilege license or a certificate of compliance, as the context provides.

Applicant group means more than one person joining together to apply for a local liquor store privilege license or certificate of compliance, as the context provides, to operate a single liquor store pursuant to the same application.

Application means the form or other information an applicant or applicant group is required to file with the city in order to attempt to obtain a local liquor store privilege license or certificate of compliance, as the context provides.

Certificate of compliance means the certificate required in T.C.A. § 57-3-208 and subject to the provisions set forth in this chapter for issuance of such a certificate.

Co-licensees means persons who together hold a single liquor store privilege license for a single liquor store.

Federal statutes means the statutes of the United States now in effect or as they may hereafter be changed or amended.

Inspection fee means the monthly fee a licensee is required by this chapter to pay, the amount of which is determined by a percentage of the gross purchase price of all alcoholic beverages acquired by the licensee for retail sale from any wholesaler or any other source. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, such inspection fee shall be the same as if the local liquor store privilege license were held by a single licensee.

License fee means the annual fee a licensee is required by this chapter to pay prior to the time of the issuance or renewal of a local liquor store privilege license. In the event of co-licensees holding a local liquor store privilege license for a single liquor store, only one license fee is required.

Licensee means the holder of a local liquor store privilege license. In the event of co-licensees, each person who receives a certificate of compliance and liquor store privilege license shall be a licensee subject to rules and regulations herein.

Liquor store means the building or part of a building where a licensee conducts any of the business authorized by the local liquor store privilege license and state liquor license held by such licensee.

Local liquor store privilege license means a local liquor store privilege license issued under the provisions of this chapter for the purpose of authorizing the holder thereof to engage in the business of selling alcoholic beverages at retail in the city at a liquor store. Such a local liquor store privilege license will only be granted to a person who has a valid state liquor retailer's license. One local liquor store privilege license is necessary for each liquor store to be operated in the city.

Manufactured building means a structure or building substantially or wholly made at a manufacturing plant for installation or assembly at a building site, whether referred to as a mobile home, modular home, manufactured home, panelized home, prefab home, factory-built home, or otherwise. The term "manufactured building" includes any structure transportable in one or more sections built or placed on a permanent chassis designed to be used with or without a permanent foundation.

Person means any natural person as well as any corporation, limited liability company, partnership, firm or association or any other legal entity recognized by state law.

Retail sale and sale at retail mean the sale to a consumer or to any person for any purpose other than for resale.

State law, rules and regulations means all applicable state laws, rules and regulations applicable to alcoholic beverages as now in effect or as they may hereafter be changed or amended, including, without limitation, the local option liquor rules and regulations of the state alcoholic beverage commission.

State liquor retailer's license means a license issued by the state alcoholic beverage commission pursuant to T.C.A. § 57-3-201 et seq., permitting its holder to sell alcoholic beverages at retail in the state.

Wholesaler means any person who sells at wholesale any beverage for the sale of which a license is required under the provisions of this chapter.

Wine means the product of normal alcoholic fermentation of juice of fresh, sound, ripe grapes, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed (21%) twenty-one percent by volume.

(Ord. No. 1035, § 1(8-201), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-201 on 3/17/2015

8-36 Selling And Distribution Generally

Original source

It is unlawful for any person to engage in the business of selling or distributing alcoholic beverages within the corporate limits of the city except as provided by T.C.A. title 57 and by the rules and regulations promulgated thereunder and as provided under this title.

(Ord. No. 1035, § 1(8-202), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-202 on 3/17/2015

8-37 Licenses Required For Sale Of Alcoholic Beverages At Retail

Original source

It shall be lawful for a licensee to sell alcoholic beverages at retail in a liquor store, provided that such sales are made in strict compliance with all federal statutes, all state laws, rules and regulations, and all provisions of this chapter and any other applicable chapter and the Charter of the city, and provided that such licensee has a valid and duly issued state liquor retailer's license and a valid and duly issued local liquor store privilege license from the city permitting the licensee to sell alcoholic beverages at retail. Transfer of any ownership right or interest in a license is prohibited. Possession of any alcoholic beverage by a licensee in any manner other than by retail sale is prohibited.

(Ord. No. 1035, § 1(8-203), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-203 on 3/17/2015

8-38 Licensee Responsible For Officers And Agents

Original source

Each licensee shall be responsible for all acts of such licensee, as well as the acts of a co-licensee, and acts of the licensee's officers, employees, agents and representatives so that any violation of this Code or the city Charter, or of any state or federal law concerning alcoholic beverages by any co-licensee, officer, employee, agent or representative of a licensee shall constitute a violation of this chapter by such licensee.

(Ord. No. 1035, § 1(8-204), 3-17-2015)

HISTORY
Adopted by Ord. 1135 was 8-204 on 10/30/2024

8-39 Location Of Liquor Store

Original source

(Ord. No. 1035, § 1(8-205), 3-17-2015; Ord. No. 1116, § 1, 5-16-2023)

HISTORY
Adopted by Ord. 1035 was 8-205 on 3/17/2015

8-40 Requirements For Building Containing Liquor Store

Original source

(Ord. No. 1035, § 1(8-206), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-206 on 3/17/2015

8-41 Restrictions Generally

Original source

(Ord. No. 1035, § 1(8-207), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-207 on 3/17/2015

8-42 Fees

Original source

(Ord. No. 1035, § 1(8-208), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-207 on 3/17/2015

8-43 Records Kept By Licensee

Original source

(Ord. No. 1035, § 1(8-209), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-209 on 3/17/2015

8-44 Inspections Generally

Original source

The city manager, the city finance director, the chief of police or the authorized representatives or agents of any of them are authorized to examine the premises, books, papers and records of any liquor store at any time the liquor store is open for business for the purpose of determining whether the provisions of this chapter are being observed. Refusal to permit such examination shall be a violation of this chapter and shall constitute sufficient reason for revocation of the local liquor store privilege license of the offending licensee or for the refusal to renew the local liquor store privilege license of the offending licensee.

(Ord. No. 1035, § 1(8-210), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-210 on 3/17/2015

8-45 Enforcement, Violations And Penalties

Original source

Any violation of the provisions of this chapter shall be punishable under ACC 1-13 and in the discretion of the city council, by any combination of a civil penalty of up to $500.00 per violation, or temporary suspension or permanent revocation of the local liquor store privilege license where appropriate. Enforcement provisions are also applicable as found under state law. In addition to the above, the city council may direct that the city manager notify the state alcoholic beverage commission of any violation of this chapter, together with a petition that the state liquor license be revoked, pursuant to T.C.A. § 57 -3-101 et seq., and the rules and regulations of the commission.

(Ord. No. 1035, § 1(8-211), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-211 on 3/17/2015

8-46 Certificate Of Compliance

Original source

As a condition precedent to the issuance of a state liquor retailer's license by the state alcoholic beverage commission, the city council may authorize the issuance of certificates of compliance by the city according to the terms contained herein.

(Ord. No. 1035, § 1(8-212), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-212 on 3/17/2015

8-47 Application For Certificate Of Compliance And Local Liquor Store Privilege License

Original source

(Ord. No. 1035, § 1(8-213), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 2-213 on 3/17/2015

8-48 State-Required Certificate Of Compliance

Original source

Pursuant to T.C.A. § 57-3-208, an applicant for a state liquor retailer's license, as a condition precedent to the issuance of such license, shall submit with the application to the state alcoholic beverage commission a certificate of compliance containing the information as stated in T.C.A. § 57-3-208. In issuing any certificate of compliance, the city council and city manager will follow and comply with the guidelines and requirements as stated in T.C.A. § 57-3-208. The city council will not consider any application until publication, at the applicant's expense, in a newspaper of general circulation in the county of the notice required by Tenn. Comp. Rules and Regs. 0100-03-.09(10)--(11) has occurred.

(Ord. No. 1035, § 1(8-214), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-214 on 3/17/2015

8-49 Restrictions Upon Issuance

Original source

(Ord. No. 1035, § 1(8-215), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-215 on 3/17/2015

8-50 Consideration Of Applications For Certificate Of Compliance

Original source

In issuing certificates of compliance to enable the licensing of liquor stores in the city as presently permitted by this chapter, the city council will consider all applications filed before a closing date to be fixed by city council and select from such applications the applicants deemed by city council in its sole discretion to have the qualifications required by law and this chapter and the most suitable circumstances for the lawful operation of a liquor store within the city without regard to the order of time in which the applications are filed. Applications can only be submitted to the city during the timeframe the city council has set for receipt of such applications. Applications and all matters submitted with or as a part of such applications at the time they are submitted are the sole and exclusive property of the city.

(Ord. No. 1035, § 1(8-216), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-216 on 3/17/2015

8-51 License From City To Operate Liquor Store

Original source

After an applicant or applicant group receives a license from the state alcoholic beverage commission to operate a retail liquor store pursuant to T.C.A. § 57-3-101 et seq., in the city, the applicant or applicant group shall apply to the city manager for a local liquor store privilege license to operate a retail liquor store pursuant to the terms, conditions, and restrictions in ACC 8-52 and ACC 8-53.

(Ord. No. 1035, § 1(8-217), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-217 on 3/17/2015

8-52 Restrictions On Local Liquor Store Privilege Licenses

Original source

(Ord. No. 1035, § 1(8-218), 3-17-2015; Ord. No. 1124, § 1, 11-21-2023)

HISTORY
Adopted by Ord. 1035 was 8-217 on 3/17/2015
Amended by Ord. 1139 Effective Date: June 20, 2025 on 5/20/2025

8-53 Qualifications For And Restrictions Upon Licensees And Employees

Original source

(Ord. No. 1035, § 1(8-219), 3-17-2015)

HISTORY
Adopted by Ord. 1135 was 8-219 on 10/30/2024

8-54 Nature Of License; Suspension Or Revocation

Original source

The issuance of a license does not vest a property right in the licensee but is a privilege subject to revocation or suspension. Any license shall be subject to suspension or revocation by the city council for any violation of this Code by the licensee or by any person for whose acts the licensee is responsible. The licensee shall be given reasonable notice and an opportunity to be heard before the city council suspends or revokes a license for any violation unless provided otherwise specifically herein. If the licensee is convicted of a violation of this chapter by a final judgment in any court and the operation of the judgment is not suspended by an appeal, upon written notice to the licensee, the city manager may immediately suspend the license for a period not to exceed 60 days, and the city council may revoke or suspend the license on the basis of such conviction thereafter. A license shall be subject to revocation or suspension without a hearing whenever such action is expressly authorized by other provisions of this chapter stating the effect of specific violations.

(Ord. No. 1035, § 1(8-220), 3-17-2015)

HISTORY
Adopted by Ord. 1035 was 8-220 on 3/17/2015

CHAPTER 8-III BEER

Original source






















8-82 Beer Board Established

Original source

The city has established a beer board to be composed of all the members of the city council. The mayor shall be its chairman and shall preside at its meetings. Its members shall serve without compensation.

(Code 1972, § 2-201; Code 1995, § 8-201; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-83 Meetings Of The Beer Board

Original source

All meetings of the beer board shall be open to the public. The board shall hold regular meetings at 5:30pm preceding each regular meeting of the city council at the city hall whenever there is business to come before the beer board. An adjourned or special meeting of the beer board may be called by its chairman, provided reasonable notice thereof is given to each board member of the board and there is a reasonable and just cause for such an additional session. Reasonable public notice shall likewise be given for any adjourned or special meeting.

(Code 1972, § 2-202; Code 1995, § 8-202; Ord. No. 873, 1-16-2001; Ord. No. 925, 1-18-2005; Ord. No. 1035, § 2, 3-17-2015)

HISTORY
Amended by Ord. 1134 on 10/30/2024

8-84 Record Of Beer Board Proceedings

Original source

The recorder shall make a record of the proceedings of all meetings of the beer board. The record shall be a public record and shall contain at least the following:

(Code 1972, § 2-203; Code 1995, § 8-203; Ord. No. 873, 1-16-2001; Ord. No. 963, 12-18-2007; Ord. No. 1035, § 2, 3-17-2015)

8-85 Requirements For Beer Board Quorum And Action

Original source

The attendance of at least a majority of the members of the beer board shall be required to constitute a quorum for the purpose of transacting business. Matters before the board shall be decided by a majority of the members present if a quorum is constituted.

(Code 1972, § 2-204; Code 1995, § 8-204; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-86 Powers And Duties Of The Beer Board

Original source

The beer board shall have the power and it is directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within the city in accordance with the provisions of this chapter and state law, to include the issuance, suspension, and revocation of any license. The beer board shall also regulate, as permitted by law, matters related to any other alcoholic beverage, whether defined as an intoxicating liquor or otherwise.

(Code 1972, § 2-205; Code 1995, § 8-205; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-87 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beer means and includes all beers, ales and other malt liquors having an alcoholic content of not more than eight percent (8%) by weight or any other beverage of alcoholic content as described in T.C.A. § 57-5-101.

(Code 1972, § 2-206; Code 1995, § 8-206; Ord. No. 834, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-88 Permit Required For Engaging In Beer Business

Original source

It is unlawful for any person or legal entity regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the beer board. The application shall be made on such form as the board shall authorize and furnish and shall be filed in the city manager's office, accompanied by a nonrefundable application fee of $250.00. The fee shall be in the form of a cashier's check payable to the city. Each applicant, and, if an entity, a person with ownership interest in the entity, must be a person of good moral character and certify that the applicant has not been convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or any crime involving moral turpitude within the past five years. Further, the applicant must certify that the applicant has read and is familiar with the provisions of this chapter. Upon receipt of the notarized application, the city manager's office will schedule the presentation of the application to the beer board and will notify the permittee or licensee of the date and time of such meeting.

(Code 1995, § 8-207; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-89 Responsibilities Of Permittee

Original source

(1) Each licensee must furnish the chief of police with a list of the names, date of birth, and social security number of all persons to be employed in the place where beer is to be sold and must inform the chief of police within 72 hours of employment as to the names, date of birth, and social security number of any persons employed after such list has been originally submitted. The list will be maintained by the police department at city hall. The term "employee," as used in this chapter, means any person engaged in the operations of the business on a regular basis or who receives compensation from the business.

(2) The licensee shall be deemed responsible for the actions of all employees or agents in regard to state and local legislation related to beer, and a violation thereof by an employee or agent shall subject the licensee to appropriate sanction, including revocation or suspension of any license.

(3) Prior to January 1 of each year, it is the responsibility of the permittee to pick up copies of any new legislation regulating the sale of beer. It is also the responsibility of the licensee to immediately notify the chief of police of any convictions or pleas for unlawful activity.

(Code 1995, § 8-208; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-90 Beer Permits Shall Be Restrictive

Original source

All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for the retail sale of beer may be further restricted by the beer board so as to authorize sales only for off-premises consumption. It is unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by permit or license. It shall likewise be unlawful for the licensee not to comply with any and all express restrictions or conditions which may be written into the permit or license by the beer board.

(Code 1972, § 2-208; Code 1995, § 8-209; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-91 Privilege Tax

Original source

There is imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of $100.00 . To sustain a valid permit, any licensee shall remit the tax on January 1 of each year thereafter to the city. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date. (cross-reference: TCA § 57-5-104)

(Code 1995, § 8-210; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-92 Interference With Public Health, Safety And Morals Prohibited

Original source

(Code 1972, § 2-210; Code 1995, § 8-211; Ord. No. 823, 12-17-1996; Ord. No. 873, 1-16-2001; Ord. No. 889, 1-15-2002; Ord. No. 909, 3-18-2003; Ord. No. 908, 4-22-2003; Ord. No. 925, 1-18-2005; Ord. No. 926, 1-18-2005; Ord. No. 963, 11-20-2007; Ord. No. 980, 6-16-2009; Ord. No. 987, 5-18-2010; Ord. No. 1011, 10-16-2012; Ord. No. 1035, § 2, 3-17-2015; Ord. No. 1117, § 1, 5-16-2023)

HISTORY
Amended by Ord. 1151 on 5/19/2026

8-93 Issuance Of Permits To Persons Convicted Of Certain Crimes Prohibited

Original source

No beer permit shall be issued to any person or entity with a person with greater than ten percent (10%) ownership interest who has been convicted for the unlawful possession, sale, manufacture, or transportation of beer or other alcoholic beverages, or any crime involving moral turpitude within the past five (5) years.

(Code 1972, § 2-211; Code 1995, § 8-212; Ord. No. 873, 1-16-2001; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-94 Prohibited Conduct Or Activities By Beer Permit Holders, Agents, Etc., Engaged In The Sale Of Beer; Signage; Continuous Operation Of Business

Original source

(Code 1972, § 2-212; Code 1995, § 8-213; Ord. No. 801, 12-20-1994; Ord. No. 823, §§ 2, 3, 12-23-1997; Ord. No. 834, §§ 2--4, 9-23-1997; Ord. No. 873, 1-16-2001; Ord. No. 874, 4-17-2001; Ord. No. 963, 11-20-2007; Ord. No. 980, 6-16-2009; Ord. No. 1016, § 1, 2-19-2013; Ord. No. 1035, § 2, 3-17-2015; Ord. No. 1122, § 1, 8-15-2023)

HISTORY
Amended by Ord. 1151 on 5/19/2026

8-95 Employees Required To Have Identification And Proof Of Employment

Original source

Every employee employed by an establishment licensed under this chapter shall be required to have on his or her person at all times while upon the premises bona fide identification with his or her name, birth date, age, and description, and written proof of present employment furnished by the employer. Upon demand by any law enforcement officer, any and every employee shall be required to immediately produce such identification and proof of employment at any time the employee in question is on or about the premises.

(Code 1995, § 8-214; Ord. No. 873, 1-16-2001; Ord. No. 1035, § 2, 3-17-2015)

8-96 Revocation Or Suspension Of Beer Permits

Original source

(Code 1972, § 2-213; Code 1995, § 8-215; Ord. No. 873, 1-16-2001; Ord. No. 917, 4-20-2004; Ord. No. 963, 11-20-2007; Ord. No. 980, 11-17-2009; Ord. No. 1035, § 2, 3-17-2015)

8-97 Civil Penalty In Lieu Of Revocation Or Suspension

Original source

(Code 1995, § 8-216; Ord. No. 784, 11-16-1993; Ord. No. 873, 1-16-2001; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-98 Loss Of Clerk's Certification For Sale To Minor

Original source

If the beer board determines that a clerk of an off-premises beer permit holder, certified under T.C.A. § 57-5-606, sold beer to a minor, the beer board shall report the name of the clerk to the alcoholic beverage commission within 15 days of determination of the sale. The certification of the clerk shall be invalid, and the clerk may not reapply for a new certificate for a period of one year from the date of the beer board's determination.

(Code 1995, § 8-217; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-99 Violations

Original source

Except as provided in ACC 8-98, any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a civil penalty under ACC 1-13. Each day a violation shall be allowed to continue shall constitute a separate offense.

(Code 1995, § 8-218; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-100 Possession Or Consumption Of Alcoholic Beverages, Wine, And/Or Beer On Certain Property Prohibited

Original source

It is unlawful for any person to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on the premises of any retail beer sales outlet which does not have an on-premises permit; and it is unlawful, except at the conference center at the Athens Regional Park and any restricted area outside and near the conference center designated for the consumption of beer sold by a licensed caterer selling beer for a function at the conference center, to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on any public street, sidewalk, playground, park, school property or public parking lot within the municipal limits of the city. It shall also be unlawful to possess an opened container of any alcoholic beverage, wine or beer or to consume any alcoholic beverage, wine or beer on any privately owned parking lot held open by the owners for use by the public where 20 or more vehicles may be parked.

(Code 1972, § 2-214; Code 1995, § 8-219; Ord. No. 873, 1-16-2001; Ord. No. 889, 1-15-2002; Ord. No. 963, 11-20-2007; Ord. No. 1035, § 2, 3-17-2015)

8-101 Sign, Advertisement And Display Restrictions

Original source

(Code 1995, § 8-220; Ord. No. 834, 9-17-1996; Ord. No. 873, 1-16-2001; Ord. No. 908, 4-15-2003; Ord. No. 963, 11-20-2007; Ord. No. 980, 11-17-2009; Ord. No. 1035, § 2, 3-17-2015)

HISTORY
Amended by Ord. 1151 on 5/19/2026

CHAPTER 8-IV SALE OF WINE IN RETAIL FOOD STORES

Original source












8-131 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a person applying for a certificate of compliance.

Application means the form or other information an applicant is required to file with the city in order to attempt to obtain a certificate of compliance.

At retail means a sale to any person for any purpose other than for resale.

Certificate or certificate of compliance means the certificate required pursuant to T.C.A. § 57-3-806, as the same may be amended, supplemented or replaced, and subject to the provisions set forth in this chapter for issuance of such a certificate.

License means a license issued by the alcoholic beverage commission of the state pursuant to T.C.A. § 57-3-803, as the same may be amended, supplemented or replaced.

Licensee means any person holding a license, as that term is defined in this section.

Retail food store means an establishment that is open to the public and that derives at least 20 percent of its taxable sales from the retail sale of food and food ingredients for human consumption taxed at the rate provided in T.C.A. § 67-6-228(a) and that has retail floor space of at least 1,200 square feet.

Wine means the product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, as further defined by T.C.A. § 57-3-802(2).

(Ord. No. 1048, § 1(8-401), 4-19-2016)

8-132 License Required For Sale Of Wine In Retail Food Stores

Original source

It is permissible for a licensee to sell wine at retail in a retail food store, provided that such sales are made in strict compliance with all applicable federal and state laws, rules, and regulations, and with the provisions of this chapter, and provided that such licensee has a valid and duly issued state license.

(Ord. No. 1048, § 1(8-402), 4-19-2016)

8-133 Certificate Of Compliance

Original source

As a condition precedent to the issuance of a state license for the sale of wine in a retail food store, an applicant for a license shall first obtain a certificate of compliance from the city, pursuant to T.C.A. § 57-3-806. A certificate of compliance issued under this chapter shall be valid only for the premises proposed in the application, and any change of location of the business shall be cause for immediate nullification of the certificate. No certificate of compliance shall be issued for the sale of wine in a retail food store where such store would be a prohibited use under the city's zoning ordinance.

(Ord. No. 1048, § 1(8-403), 4-19-2016)

8-134 Application

Original source

The application for a certificate of compliance shall be submitted in writing on the form furnished by the city manager and shall contain the following information and whatever additional information the city may require:

(Ord. No. 1048, § 1(8-404), 4-19-2016)

8-135 Issuance; Appeal

Original source

Upon verification that the applicant meets the requirements of T.C.A. § 57-3-806(b), the city mayor may issue the certificate without action by the city council. Alternatively, the city council may issue the certificate upon signature by a majority of its members. A failure on the part of the issuing authority to grant or deny the applicant's request for the certificate of compliance within 60 days of the written application shall be deemed a granting of the certificate. If an applicant is denied a certificate of compliance, the applicant may seek review of such denial by instituting an action in chancery court within 60 days of the denial.

(Ord. No. 1048, § 1(8-405), 4-19-2016)

8-136 Full And Accurate Disclosure Required

Original source

(Ord. No. 1048, § 1(8-406), 4-19-2016)

8-137 Expiration Of Certificate Of Compliance; New Application

Original source

A certificate for the sale of wine in a retail food store shall expire and become void if the applicant to whom the certificate was granted fails to apply for a license from the alcoholic beverage commission within six months of the date of the certificate or if the retail food store for which a certificate was granted is not in operation within 12 months following the issuance of the certificate; provided, however, a majority of the city council may, upon written request of the applicant, extend the expiration date of a certificate for up to three additional months in the event of circumstances beyond the applicant's control. If a certificate becomes void, no new certificate may be issued to the same applicant unless a new application is submitted and all applicable requirements of this chapter are met at the time the new application is received.

(Ord. No. 1048, § 1(8-407), 4-19-2016)

8-138 Licensee Responsible For Officers And Agents

Original source

Each licensee shall be responsible for all acts of such licensee as well as the acts of a co-licensee, and acts of the licensee's officers, employees, agents and representatives, so that any violation of this chapter by any co-licensee, officer, employee, agent or representative of a licensee shall constitute a violation of this chapter by such licensee.

(Ord. No. 1048, § 1(8-408), 4-19-2016)

8-139 Enforcement

Original source

The restrictions, prohibitions, and conditions necessary to obtain and maintain a retail food store wine license and the hours of sale contained in T.C.A. title 57, ch. 3, pt. 8, including, but not limited to, parts 806 through 811, are adopted as a part of this chapter and incorporated herein by reference. Any violation of the provisions of this chapter shall be punishable under ACC 1-13, and, in the discretion of the city council, by any combination of a civil penalty up to $500.00 per violation or temporary suspension or permanent revocation of the certificate of compliance. A violation may either be prosecuted in the city court or brought before the city council for a hearing. Enforcement provisions are also applicable as found under state law. In addition to the above, the city council may direct that the city manager notify the state alcohol and beverage commission of any violation of this chapter or state law, together with a petition that the state alcoholic beverage commission revoke the retail food store wine license of the licensee.

(Ord. No. 1048, § 1(8-409), 4-19-2016)

8-140 Chapter Not Applicable To Beer

Original source

No provision of this chapter shall be considered or construed as in any way modifying, changing or restricting the rules and regulations governing the sale, storage, transportation, etc., or tax upon beer or other liquids with an alcoholic content of five percent or less that are regulated under ACC chapter 8-III.

(Ord. No. 1048, § 1(8-410), 4-19-2016)

TITLE 9 BUSINESSES

Original source












CHAPTER 9-I BUSINESSES IN GENERAL

Original source





9-1 Going Out Of Business Sales

Original source

It is unlawful for any person to falsely represent a sale as being a going out of business sale. The term "going out of business sale," for the purposes of this section, means a fire sale, bankrupt sale, loss of lease sale, or any other sale made in anticipation of the termination of a business at its present location. When any person, after advertising a going out of business sale, adds to his stock or fails to go out of business within 90 days, he shall prima facie be deemed to have violated this section.

(Code 1972, § 5-101; Code 1995, § 9-101)

9-2 Carnivals, Fairs, Etc.

Original source

It is unlawful for any person to hold or conduct any carnival, fair, circus, or other similar show or exhibition within the corporate limits except during reasonable hours. Noise shall be restricted as required by the city manager.

(Code 1972, § 5-103; Code 1995, § 9-103)

9-3 Persons Exhibiting Samples In Motel Rooms, Etc., And Taking Orders For Future Delivery

Original source

Any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, motel room, lodging house, apartment, shop, or any other place within the city for the purpose of exhibiting samples and taking orders for future delivery must meet the requirements as outlined in ACC chapter 9-II.

(Code 1972, § 5-105; Code 1995, § 9-104; Ord. No. 917, 4-20-2004)

CHAPTER 9-II PEDDLERS, SOLICITORS AND SIMILAR VENDORS

Original source











9-25 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Panhandler means any person, other than an exempt organization, acting on his or her own behalf, requesting an immediate donation of money or exchange of any services, or any person, acting on his or her own behalf, attempting to sell an item for an amount far exceeding its value or where the item is already offered free of charge to the general public, and a reasonable person would understand that the purchase is in substance a donation.

Peddler means any person, firm or corporation, either a resident or a nonresident of the city, who has no permanent regular place of business and who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale.

Solicitor means any person, firm or corporation who goes from dwelling to dwelling, business to business, place to place, or street to street, taking or attempting to take orders for any goods, wares or merchandise, or personal property of any nature whatever for future delivery, except that the term "solicitor" shall not include solicitors for charitable and religious purposes and solicitors for subscriptions as those terms are defined in this section.

Solicitor for charitable or religious purposes means any person, firm, corporation or organization who or which solicits contributions from the public, either on the streets of the city or from door to door, business to business, place to place, or street to street, for any charitable or religious organization, and who does not sell or offer to sell any single item at a cost to the purchaser in excess of $10.00. No organization shall qualify as a charitable or religious organization unless the organization meets one of the following conditions:

Solicitor for subscriptions means any person who solicits subscriptions from the public, either on the streets of the city, or from door to door, business to business, place to place, or street to street, and who offers for sale subscriptions to magazines or other materials protected by provisions of the Constitution of the United States.

Street barker means any peddler who does business during recognized festival or parade days in the city and who limits his business to selling or offering to sell novelty items and similar goods in the area of the festival or parade.

Transient vendor means any person who brings into temporary premises and exhibits stocks of merchandise to the public for the purpose of selling or offering to sell the merchandise to the public. The term "transient vendor" does not include any person selling goods by sample, brochure, or sales catalog for future delivery or to sales resulting from the prior invitation to the seller by the owner or occupant of a residence. For purposes of this definition, the term "merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer, and the term "temporary premises" means any public or quasi-public place including a hotel, roominghouse, storeroom, building or part of a building, tent, vacant lot, railroad car, or motor vehicle which is temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six consecutive months or has occupied the premises as his or her permanent residence for more than six consecutive months.

(Code 1995, § 9-201; Ord. No. 1060, § 1, 2-21-2017)

9-26 Exemptions

Original source

The terms of this chapter shall not apply to persons selling at wholesale to dealers. This chapter shall also not apply to newsboys, bona fide merchants who merely deliver goods in the regular course of business, or persons selling agricultural products, who, in fact, themselves produced the products being sold.

(Code 1995, § 9-202)

9-27 Permit Required

Original source

No person, firm or corporation shall operate a business as a peddler, transient vendor, solicitor or street barker, and no solicitor for charitable or religious purposes or solicitor for subscriptions shall solicit within the city unless the same has obtained a permit from the city in accordance with the provisions of this chapter. Each applicant shall be required to discuss with the police chief or his designee the specifications allowed or prohibited regarding the permit.

(Code 1995, § 9-203)

9-28 Permit Procedure

Original source

(Code 1995, § 9-204)

9-29 Restrictions On Peddlers, Street Barkers And Solicitors

Original source

No peddler, street barker, solicitor, solicitor for charitable purposes, solicitor for subscriptions, or panhandler shall:

(Code 1995, § 9-205; Ord. No. 1060, § 2, 2-21-2017)

9-30 Restrictions On Transient Vendors

Original source

A transient vendor shall not advertise, represent, or hold forth a sale of goods, wares or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver's, manufacturer's, wholesale, cancelled order, or misfit sale, or closing-out sale, or a sale of any goods damaged by smoke, fire, water or otherwise, unless such advertisement, representation or holding forth is actually of the character it is advertised, represented or held forth.

(Code 1995, § 9-206)

9-31 Display Of Permit

Original source

Each peddler, street barker, solicitor, solicitor for charitable purposes or solicitor for subscriptions is required to have in his possession a valid permit while making sales or solicitations and shall be required to display the same to any police officer upon demand.

(Code 1995, § 9-207)

9-32 Suspension By The Recorder

Original source

The permit issued to any person or organization under this chapter may be suspended by the finance department for any of the following causes:

(Code 1995, § 9-208)

9-33 Expiration And Renewal Of Permit

Original source

The permit of peddlers, solicitors and transient vendors shall expire on the same date that the permit holder's privilege license expires. The registration of any peddler, solicitor, or transient vendor who for any reason is not subject to the privilege tax shall be issued for six months. The permit of street barkers shall be for a period corresponding to the dates of the recognized parade or festival days of the city. The permit of solicitors for religious or charitable purposes and solicitors for subscriptions shall expire on the date provided in the permit, not to exceed 30 days.

(Code 1995, § 9-209)

CHAPTER 9-III CHARITABLE OR RELIGIOUS SOLICITORS

Original source






9-55 Permit--Required

Original source

No person shall solicit contributions or anything else of value for any real or alleged charitable or religious purpose without a permit from the city recorder authorizing such solicitation; provided, however, that this section shall not apply to any locally established organization or church operated exclusively for charitable or religious purposes if the solicitations are conducted exclusively among the members thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies of any such established organization or church.

(Code 1972, § 5-301; Code 1995, § 9-301)

9-56 Permit--Prerequisites

Original source

The finance director shall issue a permit authorizing charitable or religious solicitations when, after a reasonable investigation, he finds the following facts to exist:

(Code 1972, § 5-302; Code 1995, § 9-302; Ord. No. 917, 4-20-2004)

9-57 Permit--Denial

Original source

Any applicant for a permit to make charitable or religious solicitations may appeal to the city council if he has not been granted a permit within 15 days after he makes application therefor.

(Code 1972, § 5-303; Code 1995, § 9-303)

9-58 Permit--Exhibition

Original source

Any solicitor required by this chapter to have a permit shall exhibit such permit at the request of any police officer or person solicited.

(Code 1972, § 5-304; Code 1995, § 9-304)

CHAPTER 9-IV POOL ROOMS

Original source




9-90 Hours Of Operation Regulated

Original source

It is unlawful for any person to open, maintain, conduct or operate any place where pool tables or billiard tables are kept for public use or hire prior to 1:00 p.m. on Sunday or between the hours of 12:00 midnight and 6:00 a.m. on all days.

(Code 1972, § 5-501; Code 1995, § 9-401)

9-91 Minors To Be Kept Out; Exception

Original source

It is unlawful for any person engaged regularly, or otherwise, in keeping billiard, bagatelle, or pool rooms or tables, their employees, agents, servants, or other persons for them, knowingly to permit any person under the age of 18 years to play on the tables at any game of billiards, bagatelle, pool, or other games requiring the use of cue and balls, without first having obtained the written consent of the father and mother of such minor, if living; if the father is dead, then the mother, guardian, or other person having legal control of such minor; or if the minor is in attendance as a student at some literary institution, then the written consent of the principal or person in charge of such school, provided that this section shall not apply to the use of billiards, bagatelle, and pool tables in private residences.

(Code 1972, § 5-502; Code 1995, § 9-402)

CHAPTER 9-V WRECKER AND TOWING SERVICE

Original source

























9-111 Purpose And Policy

Original source

(Code 1972, § 5-601; Code 1995, § 9-501; Ord. No. 1083, §§ 1, 2, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-112 Applicability

Original source

(Code 1972, § 5-602; Code 1995, § 9-502)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-113 Definitions

Original source

Abandoned motor vehicle. A motor vehicle meeting the definition of an abandoned motor vehicle under Tenn. Code Ann. § 55-31-102, as amended, including a vehicle left unattended on public property for statutory periods, a vehicle in obvious disrepair, a vehicle illegally left on public property, or other vehicles defined by state law. City-requested tow. A tow requested, authorized, or directed by the Police Department, including through dispatch, when the owner, operator, or authorized agent does not request a specific towing company or when public safety or law enforcement necessity requires City-directed towing. Disabled, immobile, or wrecked vehicle. A motor vehicle that cannot safely move under its own power due to accident, mechanical failure, damage, weather, emergency conditions, or other circumstances requiring towing or recovery. Owner-requested tow. A tow requested by the vehicle owner, operator, or authorized agent. The Police Department will honor such requests unless public safety, response time, equipment availability, or law enforcement needs require a City-requested tow. Police Chief. The Chief of Police of the City of Athens or the Chief's designee. Rotation list. The list maintained by the Police Department of towing companies approved and permitted by the City to respond to City-requested towing calls on a weekly rotating basis. Storage facility. A lot, building, or other facility used by a towing company for the storage and safekeeping of vehicles towed at the request of the Police Department. Tennessee Manual. The Tennessee Department of Safety and Homeland Security, Tennessee Highway Patrol Towing Service Standards Manual, revised January 2017, as amended, superseded, or replaced. Towing company. Any person, firm, corporation, partnership, association, or other entity engaged in the business of offering towing, recovery, transport, or storage services by use of tow trucks and storage facilities. Tow truck. A vehicle used to tow, recover, transport, or carry motor vehicles and classified under this chapter and the Tennessee Manual as Class A, B, C, or D, as applicable. Winching. Involving the use of a motor-powered spool of cable to recover a vehicle from locations not accessible for direct hook-up. This process is used to move vehicles from areas like ditches, mud, or embankments to a position where they can be towed, separate from standard loading or towing procedures. Working days. Monday through Friday, excluding official City holidays, unless state law requires a different calculation for a specific notice or deadline.


(Code 1972, § 5-603; Code 1995, § 9-503; Ord. No. 1083, § 3, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-114 Administration

Original source

(Code 1972, § 5-604; Code 1995, § 9-504; Ord. No. 1083, § 4, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-115 Permit Required; City Rotation Eligibility

Original source

(Code 1972, § 5-605; Code 1995, § 9-505)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-116 Initial Application

Original source

(Code 1972, § 5-606; Code 1995, § 9-506; Ord. No. 1083, § 5, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-117 Permit Term; Renewal; Changes During Permit Year

Original source

(Code 1972, § 5-607; Code 1995, § 9-507; Ord. No. 1083, § 6, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-118 Fees And Fee Schedule

Original source

(Code 1972, § 5-608; Code 1995, § 9-508)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-119 Required Insurance

Original source

Tow Truck ClassMinimum Vehicle Liability Minimum Garage Keepers LiabilityMinimum On-Hook Coverage
Class A and Class D$1,000,000$75,000$75,000
Class B$1,000,000$150,000$150,000
Class C$1,000,000$200,000$200,000

(4) An umbrella policy is acceptable as long as it covers the required categories and provides total coverage equal to or greater than the applicable minimums. Nothing prevents a towing company from obtaining greater coverage.

(5) The towing company assumes responsibility for personal injury, property damage, and loss or damage to vehicles and contents caused by the towing company's intentional, reckless, or negligent acts or omissions from the time the towing company makes contact with a vehicle or takes custody of a vehicle.


(Code 1972, § 5-609; Code 1995, § 9-509; Ord. No. 1083, § 7, 10-15-2019)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-120 Tow Truck Classifications

Original source

(1) Tow trucks shall be classified as Class A, Class B, Class C, or Class D in accordance with this chapter and the Tennessee Manual. Each tow truck shall be listed in only one class for rotation purposes unless separately approved by the Police Chief.

ClassPrimary UseMinimum Standard
Class APassenger cars, pickup trucks, small trailers, and recovery work where winching or recovery is required.14,000 lbs. GVWR minimum; 4-ton boom and power winch; 100 feet of 3/8-inch cable or 7/16-inch synthetic rope; wheel-lift or sling/cradle equipment; safety restraints.
Class BMedium-size trucks, trailers, and similar vehicles.26,000 lbs. GVWR minimum; double boom with 8-ton individual boom/winch capacity or single boom with 16-ton capacity; 200 feet of 7/16-inch cable; cradle tow plate or sling.
Class CLarge trucks, road tractors, tractor-trailer combinations, and heavy recovery.35,000 lbs. GVWR minimum; double boom with 12.5-ton individual boom capacity or single boom with 25-ton capacity; 200 feet of 9/16-inch cable; air brakes; tandem live-drive axles; under-reach capable of towing an 80,000-lb. tractor-trailer combination.
Class DCar carriers or rollback vehicle transporters for passenger cars, pickup trucks, and small trailers where extensive recovery is not required.14,000 lbs. GVWR minimum; carrier bed with required cylinders; 4-ton winch; 50 feet of 3/8-inch cable; two safety chains; not intended for extensive winching or recovery.


(Code 1972, § 5-611; Code 1995, § 9-511; Ord. No. 1083, § 8, 10-15-2019)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-121 Required Equipment For Each Tow Truck

Original source

(Code 1972, § 5-612; Code 1995, § 9-512)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-122 Driver Qualifications And Conduct

Original source

(Code 1972, § 5-613; Code 1995, § 9-513)

HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-123 Business Office And Storage Facilities

Original source

(Code 1972, § 5-614; Code 1995, § 9-514)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-124 Rotation List And Dispatch Procedures

Original source

(Code 1972, § 5-615; Code 1995, § 9-515)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-125 Wreckers To Go To Scene Of Accident On Call Of Owner Or Police Only

Original source

If any exception applies, the Police Department may call the towing company on the City rotation list.

(Code 1972, § 5-616; Code 1995, § 9-516)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-126 Towing, Recovery, Scene Cleanup, And Transport Standards

Original source

(Code 1972, § 5-617; Code 1995, § 9-517)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-127 Vehicle Holds, Release, Personal Property, And Firearms

Original source

(Code 1972, § 5-618; Code 1995, § 9-518)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-128 Billing, Invoices, And Records

Original source

(Code 1972, § 5-619; Code 1995, § 9-519)


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-129 Independence, Prohibited Conduct, And Conflict

Original source


HISTORY
Amended by Ord. 1156 on 6/16/2026

9-130 Audits, Inspections, And Complaints

Original source


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-131 Suspension, Revocation, Removal, And Corrective Action

Original source


HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-132 Appeal

Original source



HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

9-133 City Liability And Payment Responsibility

Original source



HISTORY
Amended in its entirety by Ord. 1156 on 6/16/2026

CHAPTER 9-VI AMBULANCE SERVICE (RESERVED)

Original source


CHAPTER 9-VII BUILDING TRADESMEN

Original source









9-177 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building tradesmen (hereinafter referred to as the trades) includes the following occupations: builder, home improvement contractor, electricians, plumbers, and mechanical (heat, ventilation, and air conditioning (HVAC)) contractors, but not limited to these occupations.

(Code 1995, § 9-701; Ord. No. 1080, § 1, 9-17-2019)

9-178 Licensed Required

Original source

Before any person or corporation shall perform any trade in the city, they shall be qualified as set forth herein and a license shall be obtained from the city, or they must hold a valid state contractor's license for their particular trade.

(Code 1995, § 9-702)

9-179 Procedure For Qualification

Original source

Any person or corporation that desires to do work in the city shall make application with the department of community development and provide verifiable proof of a minimum of five years' experience in the trade in which he is seeking licensing in or showing proof of passing the trade examination given by the state for state contractors, home improvement contractors, limited licensed electricians, or limited licensed plumbers. The person or corporation shall pay all necessary city license fees that are applicable at that time and shall abide by all city ordinances.

(Code 1995, § 9-703; Ord. No. 904, 10-15-2002; Ord. No. 1080, § 2, 9-17-2019)

HISTORY
Amended by Ord. 904 on 10/15/2002

9-180 Issuance And Term Of License

Original source

Licenses shall be issued annually by the department of community development to all applicants who comply with the requirements of this chapter. All licenses shall carry an expiration date of December 31 of each year with a grace period extending through March 31 of the next year. The fee for license renewal shall be set by the department of community development and must be submitted to the city before March 31. Contractors with a state license shall pay all licensing fees as set forth by the city department of community development.

(Code 1995, § 9-704; Ord. No. 904, 10-15-2002)

HISTORY
Amended by Ord. 904 on 10/15/2002

9-181 Illegal Work; Revocation Of Licenses

Original source

Any person or corporation, engaged in doing work in any of the trades mentioned in ACC 9-177, which does not conform to the applicable codes adopted by the city, or whose workmanship or materials are of inferior quality, shall on notice from the appropriate inspector make necessary changes or corrections at once so as to conform to the applicable code. If such work has not been corrected after ten days' notice from the inspector, the inspector shall then refuse to issue further permits to such licensee until his work has been made to fully comply with the applicable code. The building inspector may revoke any license that has been issued by the city hereunder for continuous violations. When the revocation of any license that has been issued by the city is to be considered, the person to whom the license has been issued shall be given seven days' notice in writing of the revocation of the license that has been issued by the city. Such notice shall state the reasons for the revocation and shall inform the licensee of the appeals process whereby, upon the request of the licensee, the building inspector shall present his charges resulting in revocation to the board of adjustments and appeals. During the appeal process, the licensee shall be allowed to appear in his own behalf, to be represented by legal counsel, and to present witnesses. It shall be the responsibility to the board of adjustments and appeals to render a decision to concur with the revocation or to reinstate the license that has been issued by the city.

(Code 1995, § 9-705; Ord. No. 904, 10-15-2002; Ord. No. 1080, § 3, 9-17-2019)

HISTORY
Amended by Ord. 904 on 10/15/2002

9-182 Allowing Name Or License To Be Used Fraudulently

Original source

No person or corporation engaged in doing work in any of the trades cited in ACC 9-177 shall allow his name to be used by any other person, firm, or corporation, directly or indirectly, to obtain a permit, or for the construction of any work under his name or license nor shall he make any misrepresentations or omissions in his dealings with the city.

(Code 1995, § 9-706; Ord. No. 904, 10-15-2002)

HISTORY
Amended by Ord. 904 on 10/15/2002

9-183 Permit Required

Original source

Each trade shall be responsible to purchase the proper permits for each job of record, and they are responsible for the proper inspections to be made at each phase of the construction process and to see that proper entrance to the premises is provided to the appropriate inspector. No work shall be covered or made inaccessible until the proper inspection has been made.

(Code 1995, § 9-707; Ord. No. 904, 10-15-2002)

HISTORY
Amended by Ord. 904 on 10/15/2002

CHAPTER 9-VIII PRIVATE SECURITY AND FIRE ALARM BUSINESSES AND USERS

Original source










9-205 Declaration Of Purpose

Original source

The ordinance from which this chapter is derived is enacted to provide minimum standards and regulations applicable to private fire and security alarm users and businesses. Both society in general and public safety in particular will be aided by providing a useful and usable system of private security which properly balances quick response by police with minimization of police time spent on alarms which are false or otherwise not the intended function of private security systems.

(Code 1972, § 5-901; Code 1995, § 9-801; Ord. No. 837, § 1, 11-18-1997)

9-206 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm business means any business in which the owners or employees engage in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling or servicing alarm systems.

Alarm system means an assembly of equipment and devices or a single device, such as a solid state unit, which plugs directly into a 110 volt AC line or otherwise receives electrical energy arranged to signal the presence of a hazard requiring urgent attention and to which emergency personnel are expected to respond. In this chapter, the term "alarm system" shall include the terms "automatic robbery alarm system," "burglar system," "fire alarm system," and "personal alarm system," as those terms are defined in this section. Excluded from the definition of the term "alarm system" and from the coverage of this chapter are alarm systems used to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or robbery attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of the term "alarm system" and shall be subject to this chapter.

Annunciator means the instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, shows when an alarm device at a particular location has been activated. An annunciator may also indicate line trouble.

Answering service means a telephone answering service providing among its services the service of receiving on a continuous basis through trained employees emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communication center.

Automatic dialing device means an alarm system which automatically sends over regular telephone lines, by direct connections or otherwise, a pre-recorded voice message or code signal indicating the existence of the emergency situation that the alarm system is designed to detect.

Automatic robbery alarm system means an alarm system in which signal transmission is initiated by the action of the robber. The term "robbery" means the intentional or knowing theft of property from the person of another by violence or putting the person in fear.

Burglar alarm system means an alarm system signaling an entry or attempted entry into the area protected by the system.

Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the local government, for example, a communication center.

False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents or other undetermined causes. The term "false alarm" does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, or other violent conditions.

Interconnect means to connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.

Manual robbery alarm system means an alarm system in which the signal transmission is initiated by the direct action of the victim of a robbery or by an observer of a robbery.

Modified central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits.

Police chief means the chief of the police department of the city or his designated representative.

Primary trunkline means a telephone line leading directly into the communication center that is for the purpose of handling emergency calls on a person-to-person basis and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within the police and fire department's jurisdiction, or numbers in sequence therewith.

Subscriber means a person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.

(Code 1972, § 5-902; Code 1995, § 9-802; Ord. No. 837, § 1, 11-18-1997)

9-207 Administrative Rules

Original source

The police chief or such officer as the police chief may designate shall promulgate such rules as may be necessary for the implementation of this chapter. Such rules shall require the approval of the city manager and shall be open to inspection by the public.

(Code 1972, § 5-903; Code 1995, § 9-802; Ord. No. 837, § 1, 11-18-1997)

9-208 Automatic Dialing Device

Original source

(Code 1972, § 5-904; Code 1995, § 9-804; Ord. No. 837, § 1, 11-18-1997)

9-209 Testing

Original source

No alarm system relayed through intermediate services to the communications department will be tested by users to determine emergency response.

(Code 1972, § 5-906; Code 1995, § 9-805; Ord. No. 837, § 1, 11-18-1997)

9-210 Notification

Original source

When an alarm business' service to its subscribers is disrupted for any reason by the alarm business, or the alarm business becomes aware of such disruption, it shall promptly notify its subscribers by telephone that protection is no longer being provided. If, however, the alarm business has written instructions from its subscribers not to make such notification by telephone during certain hours, the alarm business may comply with such instructions.

(Code 1972, § 5-907; Code 1995, § 9-806; Ord. No. 837, § 1, 11-18-1997)

9-211 Penalties

Original source

Any person who violates any provision of this chapter shall, upon conviction, be subject to a civil penalty under ACC 1-13 by the city, together with the costs and costs of prosecution.

(Code 1972, § 5-909; Code 1995, § 9-807; Ord. No. 837, § 1, 11-18-1997)

9-121 Liability Of City

Original source

The city will not be liable for failure to respond to any call, whether genuine or false.

(Code 1972, § 5-910; Code 1995, § 9-808; Ord. No. 837, § 1, 11-18-1997)

CHAPTER 9-IX CABLE TELEVISION (RESERVED)

Original source


CHAPTER 9-X ADULT-ORIENTED ESTABLISHMENTS

Original source


















9-258 Findings And Purpose

Original source

(Code 1995, § 9-1001; Ord. No. 843, § 1, 4-21-1998)

9-259 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as a substantial or significant portion of its stock and trade in books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by the emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section for observation by patrons therein.

Adult cabaret means an establishment which features, as a principal use of its business, entertainers and/or waiters and/or bartenders who expose to public view of the patrons within the establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material, including swimsuits, lingerie, or latex covering. The term "adult cabaret" shall include commercial establishments which feature entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Adult mini motion picture theater means an enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult-oriented establishment includes, but shall not be limited to, adult bookstores, adult motion picture theaters, adult mini motion picture establishments, or adult cabarets and further means any premises to which the public or patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainments are held, conducted, operated or maintained for a profit, direct or indirect. The term "adult-oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Employee means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.

Entertainer means any person who provides entertainment within an adult-oriented establishment, as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

Operator means any person, partnership, or corporation operating, conducting, or maintaining an adult-oriented establishment.

Specified anatomical areas means:

Specified sexual activities means:

(Code 1995, § 9-1002; Ord. No. 843, § 1, 4-21-1998)

9-260 License Required

Original source

(Code 1995, § 9-1003; Ord. No. 843, § 1, 4-21-1998)

9-261 Application For License

Original source

(Code 1995, § 9-1004; Ord. No. 843, § 1, 4-21-1998)

9-262 Standards For Issuance Of License

Original source

(Code 1995, § 9-1005; Ord. No. 843, § 1, 4-21-1998)

9-263 Permit Required

Original source

In addition to the license requirement previously set forth for owners and operators of adult-oriented establishments, no person shall be an employee or entertainer in an adult-oriented establishment without first obtaining a valid permit issued by the city manager.

(Code 1995, § 9-1006; Ord. No. 843, § 1, 4-21-1998)

9-264 Application For Permit

Original source

(Code 1995, § 9-1007; Ord. No. 843, § 1, 4-21-1998)

9-265 Standards For Issuance Of Permit

Original source

(Code 1995, § 9-1008; Ord. No. 843, § 1, 4-21-1998)

9-266 Fees

Original source

(Code 1995, § 9-1009; Ord. No. 843, § 1, 4-21-1998)

9-267 License Or Permit--Display

Original source

(Code 1995, § 9-1010; Ord. No. 843, § 1, 4-21-1998)

9-268 License Or Permit--Renewal

Original source

(Code 1995, § 9-1011; Ord. No. 843, § 1, 4-21-1998)

9-269 License Or Permit--Revocation

Original source

(Code 1995, § 9-1012; Ord. No. 843, § 1, 4-21-1998)

9-270 Hours Of Operation

Original source

(Code 1995, § 9-1013; Ord. No. 843, § 1, 4-21-1998)

9-271 Responsibilities Of The Operator

Original source

(Code 1995, § 9-1014; Ord. No. 843, § 1, 4-21-1998)

9-272 Prohibitions And Unlawful Sexual Acts

Original source

(Code 1995, § 9-1015; Ord. No. 843, § 1, 4-21-1998)

9-273 Penalties And Prosecution

Original source

Any person, partnership, or corporation who is found to have violated this chapter shall be assessed a civil penalty of a definite sum not exceeding $50.00 and shall result in the suspension or revocation of any permit or license. Each violation of this chapter shall be considered a separate offense.

(Code 1995, § 9-1016; Ord. No. 843, § 1, 4-21-1998)

TITLE 10 ANIMAL CARE AND CONTROL

Original source






CHAPTER 10-I ANIMAL CARE AND CONTROL IN GENERAL

Original source














10-1 Running At Large Prohibited

Original source

(Code 1972, § 3-101; Code 1995, § 10-101)

10-2 Keeping Near A Residence Or Business Restricted; Exceptions

Original source

No person shall keep any animal or fowl enumerated in ACC 10-1, excluding dogs and cats, on any lot or parcel of ground on which a residence or business is located unless the lot or parcel of ground shall contain two acres or more, or within 300 feet of any residence, place of business or public street, nor within a pen or other enclosure which provides less than 900 square feet of space for each animal or fowl without a permit from the animal control officer. The animal control officer shall issue a permit only when, in his sound judgment, the keeping of such an animal in a yard or building under the circumstances as set forth in the application for the permit will not injuriously affect the public health.

(Code 1972, § 3-102; Code 1995, § 10-102)

10-3 Pen Or Enclosure To Be Kept Clean

Original source

When animals or fowl are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition. Excrement should be removed regularly from the living space of a penned or chained animal adequate to ensure the sanitation of quarters and the health of the animal.

(Code 1972, § 3-103; Code 1995, § 10-103)

10-4 Adequate Food, Water, And Shelter, Etc., To Be Provided

Original source

No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air and ventilation, shelter, space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. No animal shall be confined by a chain or pen not adequate to the size of the animal to allow freedom of movement and comfort to the animal.

(Code 1972, § 3-104; Code 1995, § 10-104)

10-5 Keeping In Such Manner As To Become A Nuisance Prohibited

Original source

No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance because of noise, odor, danger of contagious disease, or other reason. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(Code 1972, § 3-105; Code 1995, § 10-105)

10-6 Certain Animals To Be Kept Confined

Original source

The owner shall confine within a building or secure enclosure any fierce, dangerous, or vicious animal and not take such animal out of the building or secure enclosure unless such animal is securely muzzled. The owner shall also post in a conspicuous place at each entrance to such building or enclosure a clearly legible and visible sign warning all persons preparing to enter the building or enclosure of the dangerous or vicious animal confined therein.

(Code 1972, § 3-115; Code 1995, § 10-115)

10-7 Female Animals In Heat To Be Confined

Original source

Every owner of a female animal which has not been sterilized is required to confine the animal for a period of 21 days during the period in which she is in heat. Upon request of the owner, the female in heat may be boarded at the animal shelter for a fee as specified in the approved fee schedule. The city assumes no responsibility or liability for such female animal while she is boarded.

(Code 1972, § 3-206; Code 1995, § 10-205; Ord. No. 795, 7-19-1994)

10-8 Keeping Of Wild Animals

Original source

No person shall own, possess, or have custody of on his premises any wild or vicious animal for display, training, or exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to AZA accredited facilities. No person shall keep or permit to be kept any wild animal as a pet.

(Code 1972, § 3-118; Code 1995, § 10-118)

10-9 Animal Waste

Original source

The owner of every animal shall be responsible for the removal or any excreta deposited by his animal on public walks, recreation areas, or private property.

(Code 1972, § 3-119; Code 1995, § 10-119)

10-10 Protection Of Animals

Original source

(Code 1972, § 3-117; Code 1995, § 10-117)

10-11 Cruel Treatment Prohibited

Original source

(Code 1972, § 3-106; Code 1995, § 10-106; Ord. No. 986, 3-16-2010)

10-12 Civil Liability Of Owners For Injury Caused By Animals

Original source

Any person who owns, keeps, or harbors any animal which, while upon the premises of another, or upon public property, causes damage or injury to any person, domestic animal, or property shall be held liable in damages to such person, domestic animal or property. The lack of knowledge of the vicious or destructive nature of such animal shall have no bearing upon the question of liability of the person owning, keeping, or harboring such animal.

(Code 1972, § 3-116; Code 1995, § 10-116)

CHAPTER 10-II ANIMAL BITES

Original source




10-43 Impoundment Of Animals Known To Have Bitten A Person

Original source

Any animal known to have bitten a person or showing signs of rabies shall be apprehended and impounded for not less than ten days. The animal shall be impounded at the city operated shelter or with a licensed veterinarian at the discretion of the animal control officer. All fees for such impoundment shall be the responsibility of the animal's owner. If, during the period of impoundment, the animal exhibits any of the behavioral signs associated with rabies, the animal shall be sacrificed immediately and the head removed and shipped to a state approved laboratory for testing for presence of Negri bodies.

(Code 1972, § 3-203; Code 1995, § 10-202; Ord. No. 795, 7-19-1994)

10-44 All Persons Must Report Bite Cases

Original source

It shall be the duty of all citizens, including doctors and veterinarians, to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals, together with all information helpful in locating animal which inflicted the bite.

(Code 1972, § 3-207; Code 1995, § 10-206; Ord. No. 795, 7-19-1994)

CHAPTER 10-III DOGS AND CATS

Original source





10-62 Limit Of Three Dogs Per Household Without A Permit

Original source

Not more than three dogs shall be kept by any one household unless owner has acquired a permit from the city's public works department. The animal control officer shall review each permit request to ensure compliance of all provisions of this chapter prior to issuance of the permit.

(Code 1972, § 3-208; Code 1995, § 10-207; Ord. No. 795, 7-19-1994)

10-63 Noisy Dogs Prohibited

Original source

No person shall own, keep or harbor any dog which, by loud and frequent barking, whining or howling, annoys the peace and quiet of any neighborhood.

(Code 1972, § 3-204; Code 1995, § 10-203; Ord. No. 795, 7-19-1994)

10-64 Rabies Vaccination Required

Original source

(Code 1972, § 3-201; Code 1995, § 10-201; Ord. No. 848, § 2, 7-21-1998)

CHAPTER 10-IV ADMINISTRATION AND ENFORCEMENT

Original source














10-87 Seizure And Impoundment Of Animals

Original source

(Code 1995, § 10-301; Ord. No. 891, 1-15-2002; Ord. No. 986, 3-16-2010)

10-88 Seizure And Disposition Of Animals Running At Large

Original source

Any animal or fowl found running at large in violation of this chapter may be seized by the animal control officer or by any police officer and confined in an animal shelter provided or designated by the city manager. If the owner is known, that individual shall be given notice in person, by telephone, or by mail. If the owner is not known, the animal shall be confined in the shelter for a period not less than three working days to allow an owner to reclaim that animal. In order to reclaim his animal, the owner must pay an impoundment fee plus a boarding fee which is to be established by the city council. Any animal not reclaimed by its owner within three working days after the date of seizure shall become the property of local government authority and shall be placed for adoption in a suitable home subject to shelter adoption procedure. The unclaimed animal may be disposed of after an additional five working days by veterinarian-supervised euthanization. Disposal of an animal does not relieve the owner of liability for violations, nor shall the city, or any of its agents or employees, be in any way responsible for any animal disposed of as provided in this title. The city and its officials shall not be responsible for any illness, disease, or death occurring to any animal confined in the city's animal shelter, as stipulated in the city standard operating procedures.

(Code 1972, § 3-107; Code 1995, § 10-107; Ord. No. 917, 4-20-2004)

10-89 Animal Shelter To Be Provided

Original source

The city manager shall establish an animal shelter for keeping impounded animals. The shelter may be operated directly by the city or it may be operated by a veterinarian or other suitable person or organization under contract with the city. The shelter shall be operated as provided by the city standard operating procedures for animal control, as prepared by the animal control commission, approved by the city council.

(Code 1972, § 3-108; Code 1995, § 10-108)

10-90 Care Of Impounded Animals

Original source

It shall be the duty of the animal control officer to take proper care at all times of all animals held in custody by the city, and he shall provide adequate food, drink, and shelter as prescribed in the standard operating procedures for the city animal shelter.

(Code 1972, § 3-109; Code 1995, § 10-109)

10-91 Records Of The Animal Control Officer

Original source

(Code 1972, § 3-110; Code 1995, § 10-110)

10-92 Interference With Animal Control Officer Prohibited

Original source

Any person who interferes with, hinders, molests, or intimidates the animal control officer in the performance of any duty imposed by this chapter or who seeks to release any animal in custody of the animal control officer except as hereinafter provided shall be guilty of a civil offense.

(Code 1972, § 3-111; Code 1995, § 10-111)

10-93 Impoundment Of Animals By Warrant

Original source

It shall be the duty of the animal control officer to assist any police officer in serving a warrant on an owner of an animal in violation of this chapter. The animal control officer shall seize and retain the animal at the animal shelter until such time as the court or the city manager determines the disposition of such animal.

(Code 1972, § 3-112; Code 1995, § 10-112)

10-94 Adoption Of Impounded Animals Permitted

Original source

Any domestic animal which has been confined at the animal shelter and not claimed by its owner as provided in this chapter may be adopted by responsible adults to be kept only as household pets. Those desiring to adopt an animal shall be required to complete a questionnaire containing such information as may be necessary to determine suitability of pet ownership. Further, those desiring to adopt an animal shall be required to sign a contract with the city or its designated representative agreeing to have the animal examined by a licensed veterinarian within 48 hours of adoption and immunized as recommended, to have the animal surgically sterilized as stipulated in the adoption contract, fees for the sterilization to be shared as specified in agreement with the local humane society, to obey all local and state ordinances pertaining to the keeping of animals as pets and to return the animal to the animal shelter if the terms of the contract cannot be met.

(Code 1972, § 3-205; Code 1995, § 10-204; Ord. No. 795, 7-19-1994)

10-95 Concealing An Animal In Violation Of This Chapter A Civil Offense

Original source

Any person who shall hide, conceal or aid or assist in hiding or concealing any animal owned, kept or harbored in violation of any of the provisions of this chapter shall be guilty of a civil offense.

(Code 1972, § 3-113; Code 1995, § 10-113)

10-96 Inspections And Orders By The Animal Control Officer

Original source

When it becomes necessary to see that the provisions of this title are observed, the animal control officer shall have the power and it shall be his duty to enter any premises at any reasonable hour of the day for the purpose of making inspections. When violations are discovered, he shall issue such orders as he reasonably deems necessary to correct the unlawful condition within a reasonable time. It is unlawful for any person to fail to comply with such order.

(Code 1972, § 3-114; Code 1995, § 10-114)

10-97 Fee Schedule

Original source

The city council shall, annually, review and approve a fee schedule for the animal control program.

(Code 1972, § 3-120; Code 1995, § 10-120)

10-98 Disposition Of Fees, Fines, Etc.

Original source

All funds collected under the provisions of this chapter, including the license fees, redemption charges, and fines shall be paid into the general fund of the city.

(Code 1972, § 3-209; Code 1995, § 10-208; Ord. No. 795, 7-19-1994)

TITLE 11 OFFENSES

Original source






CHAPTER 11-I OFFENSES IN GENERAL

Original source









11-1 Fortunetelling, Hypnotism, Etc.

Original source

It is a civil offense for any person to conduct the business of, solicit for, or ply the trade of fortuneteller, clairvoyant, hypnotist, spiritualist, palmist, phrenologist, or other mystic endowed with supernatural powers.

(Code 1972, § 10-234; Code 1995, § 11-201)

11-2 Assault And Battery

Original source

It is a civil offense for any person to commit an assault or an assault and battery.

(Code 1972, § 10-201; Code 1995, § 11-301)

11-3 Abandoned Refrigerators, Iceboxes, Etc.

Original source

It is a civil offense for any person to leave in any place accessible to children any abandoned, unattended, unused, or discarded refrigerator, icebox, or other container with any type of latching or locking door without first removing therefrom the latch, lock, or door.

(Code 1972, § 10-223; Code 1995, § 11-801)

11-4 Caves, Wells, Cisterns, Etc.

Original source

It is a civil offense for any person to permit to be maintained on property owned or occupied by him any cave, well, cistern, or other such opening in the ground which is dangerous to life and limb without an adequate cover or safeguard.

(Code 1972, § 10-231; Code 1995, § 11-802)

11-5 Posting Notices

Original source

No person shall fasten, in any way, any show-card, poster or other advertising device or sign upon any public or private property unless legally authorized to do so.

(Code 1972, § 10-226; Code 1995, § 11-803)

11-6 Curfew For Minors

Original source

It is a civil offense for any minor, under the age of 18 years, to be abroad at night after 11:00 p.m. unless upon a legitimate errand or accompanied by a parent, guardian, or other adult person having lawful custody of such minor. Furthermore, no person having the legal care and custody of any such minor shall allow or permit such minor, while in his legal custody, to go or be upon any of the streets or other public places in the city after 11:00 p.m. unless there exists a reasonable necessity therefor.

(Code 1972, § 10-224; Code 1995, § 11-804)

11-7 Failure To Appear

Original source

(Code 1972, § 10-237; Code 1995, § 11-806)

CHAPTER 11-II OFFENSES AGAINST THE PEACE AND QUIET

Original source




11-33 Disturbing The Peace

Original source

No person shall disturb, tend to disturb, or aid in disturbing the peace of others by violent, tumultuous, offensive or obstreperous conduct, and no person shall knowingly permit such conduct upon any premises owned or possessed by him or under his control.

(Code 1972, § 10-202; Code 1995, § 11-401)

11-34 Anti-Noise Regulations

Original source

(Code 1972, § 10-233; Code 1995, § 11-402)

CHAPTER 11-III FIREARMS, WEAPONS AND MISSILES

Original source





11-57 Air Rifles, Slingshots, Etc.

Original source

It is a civil offense for any person in the city to discharge any air gun, air pistol, air rifle, BB gun, or slingshot capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas, explosive or other force-producing means or method.

(Code 1972, § 10-213; Code 1995, § 11-601)

11-58 Throwing Missiles

Original source

It is a civil offense for any person to maliciously throw any stone, snowball, bottle, or any other missile upon or at any vehicle, building, tree, or other public or private property or upon or at any person.

(Code 1972, § 10-214; Code 1995, § 11-602)

11-59 Discharge Of Firearms Prohibited; Exceptions

Original source

It is a civil offense for any unauthorized person to discharge a firearm within the corporate limits. This prohibition shall not apply to persons engaged in organized and supervised shooting sponsored by a person, firm, or corporation holding a permit for such activity issued by the city manager, as follows:

(Code 1972, § 10-212; Code 1995, § 11-603; Ord. No. 1073, § 1, 2-19-2019)

CHAPTER 11-IV TRESPASSING AND MALICIOUS MISCHIEF

Original source




11-77 Trespassing

Original source

11-78 Camping Regulations

Original source

HISTORY
Adopted by Ord. 1133 on 10/15/2024

TITLE 12 BUILDINGS AND CONSTRUCTION

Original source













CHAPTER 12-I BUILDING CODE

Original source








12-1 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of regulating construction, maintenance, removal and demolition of every building or structure or any appurtenance connected or attached to any building, the International Building Code, 2021 edition (see Ordinance 1142 for full list of exceptions) as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the building code.

(Code 1972, § 4-101; Code 1995, § 12-101; Ord. No. 836, § 1, 10-21-1997; Ord. No. 860, 8-17-1999; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012; Ord. No. 1058, § 2, 1-17-2017; Ord. No. 1105, § 2, 12-21-2021)

HISTORY
Amended by Ord. 960 on 7/17/2007
Amended by Ord. 1142 on 7/15/2025

12-2 Modifications

Original source

(Code 1972, § 4-102; Code 1995, § 12-102; Ord. No. 960, 7-17-2007)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-3 Available In City Manager's Office

Original source

Pursuant to the requirements of the T.C.A. § 6-54-502, one copy of the building code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1972, § 4-103; Code 1995, § 12-103)

12-4 Buildings Must Front On Existing Streets

Original source

No building shall be constructed on any newly created lot which does not abut on an existing street, as described in ACC 16-104(2), for at least 40 feet, excluding flag lots.

(Code 1972, § 4-104; Code 1995, § 12-104; Ord. No. 960, 7-17-2007; Ord. No. 984, 3-16-2010)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-5 Movement Of Buildings Restricted

Original source

It is unlawful for any person to move any building without a moving permit. Furthermore, no single-family dwelling, including manufactured homes, having less than 900 square feet shall be moved into the corporate limits.

(Code 1972, § 4-105; Code 1995, § 12-105; Ord. No. 1008, 8-21-2012)

12-6 Violations

Original source

It is unlawful for any person to violate or fail to comply with any provision of this chapter or the building code as herein adopted by reference and modified.

(Code 1972, § 4-106; Code 1995, § 12-106)

CHAPTER 12-II PLUMBING CODE

Original source






12-31 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of regulating plumbing installations, including alterations, repairs, equipment, appliances, fixtures, fittings, and the appurtenances thereto, within or without the city, when such plumbing is or is to be connected with the city water and sewer system, the International Plumbing Code, 2021 edition, as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the plumbing code.

(Code 1972, § 4-201; Code 1995, § 12-201; Ord. No. 836, § 2, 10-21-1997; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012; Ord. No. 1058, § 3, 1-17-2017; Ord. No. 1105, § 3, 12-21-2021)

HISTORY
Amended by Ord. 960 on 7/17/2007
Amended by Ord. 1142 on 7/15/2025

12-32 Modifications

Original source

(Code 1972, § 4-202; Code 1995, § 12-202)

12-33 Available In City Manager's Office

Original source

Pursuant to the requirements of T.C.A. § 6-54-502, one copy of the plumbing code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1972, § 4-203; Code 1995, § 12-203)

12-34 Violations

Original source

It is unlawful for any person to violate or fail to comply with any provision of the plumbing code as herein adopted by reference and modified. Furthermore, the plumbing official may discontinue or refuse water service to any premises where the plumbing does not comply with this chapter and/or the plumbing code.

(Code 1972, § 4-204; Code 1995, § 12-204)

CHAPTER 12-III ELECTRICAL CODE

Original source








12-57 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of regulating conditions hazardous to life and property from fire or explosion, the NFPA 70 National Electrical Code, 2017 edition, as prepared and adopted by the National Fire Protection Association, and chapter 0780-2-1 of the 2009 edition of Electrical Installation, as adopted by the department of commerce and insurance, is adopted and incorporated by reference as part of this Code and is hereafter referred to as the electrical code. The National Electrical Code is adopted and incorporated fully as set out at length herein with the following addendum: "All commercial and industrial buildings shall be wired in a metal raceway."

(Code 1972, § 4-301; Code 1995, § 12-301; Ord. No. 813, 6-18-1996; Ord. No. 860, 8-17-1999; Ord. No. 903, 10-15-2002; Ord. No. 960, 7-17-2007; Ord. No. 1003, 5-15-2012; Ord. No. 1058, § 4, 1-17-2017; Ord. No. 1105, § 4, 12-21-2021)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-58 Available In City Manager's Office

Original source

Pursuant to the requirements of T.C.A. § 6-54-502, one copy of the electrical code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1972, § 4-302; Code 1995, § 12-302)

12-59 Permit Required For Doing Electrical Work

Original source

No electrical work shall be done within the city until a permit therefor has been issued by the city. The term "electrical work" shall not be deemed to include minor repairs that do not involve the installation of new wire, conduits, machinery, apparatus, or other electrical devices generally requiring the services of an electrician.

(Code 1972, § 4-303; Code 1995, § 12-303)

12-60 Violations

Original source

It is unlawful for any person to do or authorize any electrical work or to use any electricity in such manner or under such circumstances as not to comply with this chapter and/or the requirements and standards prescribed by the electrical code.

(Code 1972, § 4-304; Code 1995, § 12-304)

12-61 Enforcement

Original source

The electrical inspector shall be such person as the city manager shall appoint or designate. It shall be his duty to enforce compliance with this chapter and the electrical code as herein adopted by reference. He is authorized and directed to make such inspections of electrical equipment and wiring, etc., as are necessary to ensure compliance with the applicable regulations and may enter any premises or building at any reasonable time for the purpose of discharging his duties. He is authorized to refuse or discontinue electrical service to any person or place not complying with this chapter and/or the electrical code that was in effect at the time of construction.

(Code 1972, § 4-305; Code 1995, § 12-305)

12-2 Fees

Original source

The electrical inspector shall collect the same fees as are authorized in T.C.A. § 68-102-143 for electrical inspections by deputy inspectors of the state fire marshal, and the fees are to be paid over to the city. The city reserves the right to round up to the nearest whole dollar of the fee.

(Code 1972, § 4-306; Code 1995, § 12-306)

CHAPTER 12-IV GAS CODE

Original source














12-83 Title And Definitions

Original source

(Code 1972, § 4-401; Code 1995, § 12-401)

12-84 Adopted; Applicability

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 to provide minimum standards, provisions, and requirements for safe installation of consumers' gas piping and gas appliances, all gas piping and gas appliances installed, replaced, maintained, or repaired within the corporate limits shall conform to the requirements of this chapter and to the International Fuel Gas Code, 2021 edition, as prepared and adopted by the International Code Council, which is incorporated by reference and made part of this chapter as if fully set forth herein. One copy of the gas code shall be kept on file in the office of the city manager for the use and inspection of the public.

(Code 1972, § 4-402; Code 1995, § 12-402; Ord. No. 960, 7-17-2007; Ord. No. 1058, § 5, 1-17-2017; Ord. No. 1105, § 5, 12-21-2021)

HISTORY
Amended by Ord. 960 on 7/17/2007
Amended by Ord. 1142 on 7/15/2025

12-85 Use Of Existing Piping And Appliances

Original source

Notwithstanding any provision in the gas code to the contrary, consumers' piping installed prior to the adoption of the gas code or piping installed to supply other than natural gas may be converted to natural gas if the inspector finds, upon inspection and proper tests, that such piping will render reasonably satisfactory gas service to the consumer and will not in any way endanger life or property; otherwise, such piping shall be altered or replaced, in whole or in part, to conform with the requirements of the gas code.

(Code 1972, § 4-403; Code 1995, § 12-403)

12-86 Bond And License

Original source

(Code 1972, § 4-404; Code 1995, § 12-404)

12-87 Gas Inspector And Assistants

Original source

To provide for the administration and enforcement of the gas code, the office of gas inspector is created. The inspector, and such assistants as may be necessary in the proper performance of the duties of the office, shall be appointed by the city manager.

(Code 1972, § 4-405; Code 1995, § 12-405)

12-88 Powers And Duties Of Inspector

Original source

The inspector is authorized and directed to enforce all of the provisions of the gas code. Upon presentation of proper credentials, he may enter any building or premises at reasonable times for the purpose of making inspections or preventing violations of the gas code.

(Code 1972, § 4-406; Code 1995, § 12-406)

12-89 Permits

Original source

No person shall install a gas conversion burner, floor furnace, central heating plant, vented wall furnace, water heater, boiler, or consumer's gas piping or convert existing piping to utilize natural gas without first obtaining a permit to do such work from the city; however, permits will not be required for setting or connecting other gas appliances, or for the repair of leaks in house piping.

(Code 1972, § 4-407; Code 1995, § 12-407)

12-90 Inspections

Original source

(Code 1972, § 4-408; Code 1995, § 12-408)

12-91 Certificates

Original source

The inspector shall issue a certificate of approval at the completion of the work for which a permit for consumer piping has been issued if after inspection it is found that such work complies with the provisions of the gas code. A duplicate of each certificate issued covering consumers' gas piping shall be delivered to the gas company and used as its authority to render gas service.

(Code 1972, § 4-409; Code 1995, § 12-409)

12-92 Fees

Original source

The total fees for inspection of a consumer's gas piping at one location (including both rough and final piping inspection) shall be $1.50 for one to five outlets, inclusive, and $0.50 for each outlet above five.

(Code 1972, § 4-410; Code 1995, § 12-410)

12-93 Violations And Penalties

Original source

Any person who shall violate or fail to comply with any of the provisions of the gas code shall be guilty of a civil offense, and, upon conviction thereof, shall be assessed a civil penalty under ACC 1-13, or the license of such person may be revoked, or both civil penalty and revocation of license may be imposed.

(Code 1972, § 4-411; Code 1995, § 12-411)

12-94 Nonliability

Original source

This chapter shall not be construed as imposing upon the city any liability or responsibility for damages to any person injured by any defect in any gas piping or appliance mentioned herein, or by installation thereof, nor shall the city, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or the certificate of approval issued by the inspector.

(Code 1972, § 4-412; Code 1995, § 12-412)

CHAPTER 12-V HOUSING CODE

Original source

























12-117 Scope And Application

Original source

(Code 1972, § 4-501; Code 1995, § 12-501)

12-118 Definitions

Original source

(Code 1972, § 4-502; Code 1995, § 12-502)

12-119 Minimum Standards--Lighting

Original source

(Code 1972, § 4-503; Code 1995, § 12-503)

12-120 Minimum Standards--Ventilation

Original source

Every habitable room shall have at least one window or skylight opening directly to the outdoors which can easily be opened, or such other device as will adequately ventilate such room. The minimum total openable window area in every habitable room shall be equal to one-half of the minimum total window area required in ACC 12-119, except where there is supplied some other device affording adequate ventilation and approved by the inspector.

(Code 1972, § 4-504; Code 1995, § 12-504)

12-121 Minimum Standards--Heating

Original source

(Code 1972, § 4-505; Code 1995, § 12-505)

12-122 Minimum Standards--Basic Equipment And Facilities

Original source

The following minimum standards for basic equipment and facilities are prescribed:

(Code 1972, § 4-506; Code 1995, § 12-506)

12-123 Basements And Cellars

Original source

No cellar space shall be used as a habitable room. Basement space may be used as a habitable room if:

(Code 1972, § 4-507; Code 1995, § 12-507)

12-124 Space Requirements

Original source

The number of persons occupying any dwelling unit shall be limited by the following requirements:

(Code 1972, § 4-508; Code 1995, § 12-508)

12-125 Egress

Original source

Every dwelling unit shall have a safe, unobstructed means of egress to a safe and open space at ground level. All structures of three or more stories with a dwelling unit occupying the third or higher story shall be provided with two separate, usable, unobstructed means of egress for each dwelling unit located above the second story. The exit facilities from such dwelling units shall lead to a public thoroughfare either directly or through a court or yard, and passage to such exits shall not lead through any other dwelling unit or through a space that might reasonably be locked by anyone who is not a member of the household. An escape hatch or scuttle to a flat roof for escape through adjoining buildings may be considered as a usable means of egress for the dwelling unit occupying the top floor. Dual egress will not be required of structures that are of fully fireproof construction.

(Code 1972, § 4-509; Code 1995, § 12-509)

12-126 Infestation

Original source

(Code 1972, § 4-510; Code 1995, § 12-510)

12-127 Responsibilities Of The Occupant

Original source

(Code 1972, § 4-511; Code 1995, § 12-511)

12-128 Responsibilities Of The Owner

Original source

The responsibilities of the owner are as follows:

(Code 1972, § 4-512; Code 1995, § 12-512)

12-129 Conditions Of Structures

Original source

All dwelling structures shall be watertight, weatherproof, rodentproof and insectproof and in good repair.

(Code 1972, § 4-513; Code 1995, § 12-513)

12-130 Minimum Standards For Roominghouses

Original source

No person shall operate a roominghouse or let to another for occupancy any room unless such roominghouse or room complies with the following requirements:

(Code 1972, § 4-514; Code 1995, § 12-514)

12-131 Duties Of The Inspector

Original source

The inspector or his duly authorized representative is authorized, upon showing proper identification, to enter, examine, and survey at any reasonable time all dwellings, dwelling units, rooming units, and premises located within the city. The occupant of every dwelling, dwelling unit, rooming unit, or the person in charge thereof, shall give the inspector or his representative free access to such dwellings, dwelling units, rooming units, and premises at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or a dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purposes of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule, regulation or order adopted or issued pursuant to the provisions of this chapter.

(Code 1972, § 4-515; Code 1995, § 12-515)

12-132 Administrative Rules And Regulations

Original source

The inspector is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations shall not be in conflict with the provisions of this chapter. The inspector shall file a certified copy of all rules and regulations which he may adopt in the office of the city. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation thereof shall be the same as the civil penalty for violation of the provisions of this chapter.

(Code 1972, § 4-516; Code 1995, § 12-516)

12-133 Emergency Powers

Original source

The inspector is granted certain emergency powers. When the inspector finds that a condition exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this Code, such order shall be effective immediately. Any person on whom such an order is directed shall comply therewith immediately but, upon a petition, shall be afforded a hearing by the board of housing appeals as soon as possible. After such hearing, depending upon the findings as to whether the provisions of this chapter have been complied with, the board shall continue such order in effect, or modify it, or revoke it.

(Code 1972, § 4-517; Code 1995, § 12-517)

12-134 Service Of Notices And Orders

Original source

(Code 1972, § 4-518; Code 1995, § 12-518)

12-135 Board Of Housing Appeals

Original source

(Code 1972, § 4-519; Code 1995, § 12-519)

(NOTE: Also referred to as Board of Adjustment & Appeals.)

12-136 Hearings

Original source

After such hearings, the board shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant hereto have been complied with. The board may also modify any notice so as to authorize a variance from the provisions of this chapter when, because of special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, provided that the spirit of this chapter will be observed, public health and welfare secured and substantial justice done. The board may also extend the time specified for compliance if the case warrants. If the board sustains or modifies such notice, it shall be deemed to be an order and the violator shall comply with all provisions of such order within the specified length of time.

(Code 1972, § 4-520; Code 1995, § 12-520)

12-137 Appeal To Court

Original source

Any person, jointly or severally, aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the city, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

(Code 1972, § 4-521; Code 1995, § 12-521)

12-138 Violations

Original source

If a person upon whom a notice has been served does not, within the specified period after the notice was served, commence compliance with the directives thereof or, within the specified time, petition the board, or, if, after the board's hearing, he does not comply with the decision thereof, such person shall be subject to a civil penalty under ACC 1-13.

(Code 1972, § 4-522; Code 1995, § 12-522)

12-139 Conflicting Provisions

Original source

In any case where a provision in this chapter is found to be in conflict with any other provision in this Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

(Code 1972, § 4-523; Code 1995, § 12-523)

CHAPTER 12-VI COMMERCIAL, BUSINESS, AND INDUSTRIAL STRUCTURES CODE

Original source








12-162 Reasons For And Purposes Of Chapter

Original source

(Code 1972, § 4-601; Code 1995, § 12-601)

12-163 Definitions

Original source

(Code 1972, § 4-602; Code 1995, § 12-602)

12-164 Applicability

Original source

(Code 1972, § 4-603; Code 1995, § 12-603)

12-165 Duties And Responsibilities Of Owner And Operator

Original source

(Code 1972, § 4-604; Code 1995, § 12-604)

12-166 Duties And Responsibilities Of Operator

Original source

(Code 1972, § 4-605; Code 1995, § 12-605)

12-167 Administrative Provisions; Supervision Vested In The Code Officer

Original source

(Code 1972, § 4-606; Code 1995, § 12-606)

CHAPTER 12-VII MECHANICAL CODE

Original source






12-188 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of providing minimum requirements for safe mechanical installation, alterations or repairs to new equipment, replacement of equipment, appliances, fixtures, fittings, and the appurtenances thereto, so as to safeguard life, health, and public welfare and the protection of property, the International Mechanical Code, 2021 edition (see Ordinance 1142 for full list of exceptions), as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the mechanical code.

(Code 1972, § 4-901; Code 1995, § 12-701; Ord. No. 836, § 3, 10-21-1997; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012; Ord. No. 1058, § 6, 1-17-2017; Ord. No. 1105, § 6, 12-21-2021)


HISTORY
Amended by Ord. 960 on 7/17/2007
Amended by Ord. 1142 on 7/15/2025

12-189 Modifications

Original source

(Code 1972, § 4-902; Code 1995, § 12-702)

12-190 Available In City Manager's Office

Original source

Pursuant to the requirements of T.C.A. § 6-54-502, one copy of the mechanical code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1972, § 4-903; Code 1995, § 12-703)

12-191 Violations

Original source

It is unlawful for any person to violate or fail to comply with any provision of the mechanical code as herein adopted by reference and modified. Furthermore, the mechanical official may discontinue or refuse electrical service to any premises where the mechanical installation does not comply with this chapter and/or the mechanical code.

(Code 1972, § 4-904; Code 1995, § 12-704)

CHAPTER 12-VIII ENERGY CONSERVATION CODE

Original source






12-221 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of regulating the design of buildings for adequate thermal resistance and low air leakage, and the design and selection of mechanical, electrical, water-heating, and illumination systems and equipment which will enable the effective use of energy in new building construction, the International Energy Conservation Code (IECC), 2021 edition (see Ordinance 1142 for full list of exceptions), as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the energy code.

(Code 1995, § 12-801; Ord. No. 960, 7-17-2007; Ord. No. 1105, § 7, 12-21-2021; Ord. No. 1121, § 1, 7-18-2023)


HISTORY
Amended by Ord. 960 on 7/17/2007
Amended by Ord. 1142 on 7/15/2025

12-222 Modifications

Original source

(Code 1995, § 12-802; Ord. No. 1121, § 1, 7-18-2023)

12-223 Available In City Manager's Office

Original source

Pursuant to the requirements of the T.C.A. § 6-54-502, one copy of the energy code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1995, § 12-803)

12-224 Violations And Penalty

Original source

It shall be a civil offense for any person to violate or fail to comply with any provision of the energy code as herein adopted by reference and modified. The violation of any section of this chapter shall be punishable by a civil penalty of up to $500.00 for each offense. Each day a violation is allowed to continue shall constitute a separate offense.

(Code 1995, § 12-804)

CHAPTER 12-IX ACCESSIBILITY CODE

Original source





12-242 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of making all public buildings accessible to and functional for persons who are physically handicapped, the 2010 ADA Standards for Accessible Design is adopted and incorporated by reference as a part of this chapter and is hereinafter referred to as the accessibility code.

(Code 1995, § 12-901; Ord. No. 836, § 4, 10-21-1997; Ord. No. 960, 7-17-2007; Ord. No. 1058, § 7, 1-17-2017)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-243 Available In City Manager's Office

Original source

Pursuant to the requirements of the T.C.A. § 6-54-502, one copy of the accessibility code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1995, § 12-902)

12-244 Violations And Penalty

Original source

It is unlawful for any person to violate or fail to comply with any provision of the accessibility code as herein adopted by reference. Each day a violation is allowed to continue shall constitute a separate offense.

(Code 1995, § 12-903)

CHAPTER 12-X RESIDENTIAL CODE

Original source






12-267 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of providing building, plumbing, electrical, and mechanical provisions, the International Residential Code (IRC), 2018 edition, as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the residential code.

(Code 1995, § 12-1001; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012; Ord. No. 1058, § 8, 1-17-2017; Ord. No. 1105, § 8, 12-21-2021)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-268 Modifications

Original source

(Code 1995, §§ 12-1002, 12-1003; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-269 Available In City Manager's Office

Original source

Pursuant to the requirements of the T.C.A. § 6-54-502, one copy of the residential code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

(Code 1995, § 12-1004; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012)

HISTORY
Amended by Ord. 960 on 7/17/2007

12-270 Violations

Original source

It is unlawful for any person to violate or fail to comply with any provision of this chapter or the residential code as herein adopted by reference and modified.

(Code 1995, § 12-1005; Ord. No. 960, 7-17-2007; Ord. No. 1008, 8-21-2012)

HISTORY
Amended by Ord. 960 on 7/17/2007

CHAPTER 12-XI EXISTING BUILDING CODE

Original source






HISTORY
Adopted by Ord. 1142 on 7/15/2025

12-300 Adopted

Original source

Pursuant to authority granted by T.C.A. §§ 6-54-501 through 6-54-506 and for the purpose of regulating the repair, alteration, change of occupancy, addition to, and relocation of existing buildings, the International Existing Building Code, 2021 edition, as prepared and adopted by the International Code Council, is adopted and incorporated by reference as part of this Code and is hereinafter referred to as the existing building code.

HISTORY
Adopted by Ord. 1142 on 7/15/2025

12-301 Modifications

Original source

When the building code refers to the "chief appointing authority" or the "chief administrator," it shall be deemed to be a reference to the city manager.

HISTORY
Adopted by Ord. 1142 on 7/15/2025

12-302 Amendments

Original source

HISTORY
Adopted by Ord. 1142 on 7/15/2025

12-303 Available In The City Manager's Office

Original source

Pursuant to the requirements of the T.C.A. § 6-54-502, one copy of the building code has been placed on file in the city manager's office and shall be kept there for the use and inspection of the public.

HISTORY
Adopted by Ord. 1142 on 7/15/2025

12-304 Violations

Original source

It is unlawful for any person to violate or fail to comply with any provision of this chapter or the building code as herein adopted by reference and modified.

HISTORY
Adopted by Ord. 1142 on 7/15/2025

TITLE 13 PROPERTY MAINTENANCE REGULATIONS

Original source









CHAPTER 13-I PROPERTY MAINTENANCE REGULATIONS IN GENERAL

Original source










13-1 Smoke, Soot, Cinders, Etc.

Original source

It is unlawful for any person to permit or cause the escape of such quantities of dense smoke, soot, cinders, noxious acids, fumes or gases as to be detrimental to or to endanger the health, comfort and safety of the public or so as to cause or have a tendency to cause injury or damage to property or business.

(Code 1972, § 8-1206; Code 1995, § 13-101; Ord. No. 917, 4-20-2004)

13-2 Stagnant Water

Original source

It is unlawful for any person to knowingly allow any pool of stagnant water to accumulate and stand on his or her property without treating it so as to effectively prevent the breeding of mosquitoes.

(Code 1972, § 8-1207; Code 1995, § 13-102; Ord. No. 917, 4-20-2004)

13-3 Water Pollution

Original source

It is unlawful to pollute the water of any stream within the city or its police jurisdiction.

(Code 1972, § 8-1208; Code 1995, § 13-103; Ord. No. 917, 4-20-2004)

13-4 Slaughterhouses

Original source

It is unlawful to erect, maintain or operate any slaughterhouse within the corporate limits.

(Code 1972, § 8-1209; Code 1995, § 13-104; Ord. No. 917, 4-20-2004)

13-5 Dead Animals

Original source

Any person owning or having possession of any dead animal not intended for use as food shall promptly bury the same or notify the health officer and dispose of such animal in such manner as the health officer shall direct.

(Code 1972, § 8-1210; Code 1995, § 13-105; Ord. No. 917, 4-20-2004)

13-6 Health And Sanitation Nuisances

Original source

It is unlawful for any person to permit any premises owned, occupied or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity.

(Code 1972, § 8-1211; Code 1995, § 13-106; Ord. No. 917, 4-20-2004)

13-7 Assessments For Making Private Property Safe And/Or Sanitary

Original source

When property owners or occupants, after reasonable notice from the city manager or his or her designee, refuse or fail to remove from sidewalks all accumulations of snow, ice, and earth or other nuisances or hazards to the public health and welfare; or fail to cut and remove obnoxious weeds; or fail to remove rubbish; or fail to clean and render sanitary or remove or abolish any closet or privy, the city manager may have such work performed and may thereupon assess the reasonable costs thereof against the abutting property.

(Code 1972, § 8-1212; Code 1995, § 13-107; Ord. No. 917, 4-20-2004)

13-8 Air Pollution Control Regulations

Original source

It is unlawful and a violation of this section for any person to violate within the corporate limits any provision of the state air pollution control regulations as adopted by the state air pollution control board. Three copies of these regulations are on file in the office of the city manager and are available for the use and inspection of the public.

(Code 1972, § 8-1214; Code 1995, § 13-108; Ord. No. 917, 4-20-2004)

CHAPTER 13-II VEGETATIVE AND OTHER DEBRIS

Original source



13-35 Overgrown And Dirty Lots

Original source

(Code 1972, § 8-601; Code 1995, § 13-201; Ord. No. 984, 3-16-2010; Ord. No. 1012, § 1, 12-18-2012)

CHAPTER 13-III DILAPIDATED AND UNFIT STRUCTURES AND AREAS

Original source














13-59 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Owner means the holder of the title in fee simple and every mortgagee of record.

Parties in interest means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof.

Public authority means any officer who is in charge of any department or branch of government of the city or state relating to health, fire, building regulations, or other activities concerning structures in the city.

Public officer means the city manager or his designated agent who is authorized by this chapter to exercise the powers prescribed by this chapter.

Structure means any building or structure, or part thereof, used and occupied for human habitation or by the public in general or intended to be so used and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

(Code 1972, § 4-802; Code 1995, § 13-302)

13-60 Existence Of Structures Unfit For Human Habitation

Original source

There exists in the city structures which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accident or other calamities; lack of ventilation, light or sanitary facilities; or due to other conditions rendering such structures unsafe or unsanitary or dangerous or detrimental to the welfare of the residents of the city.

(Code 1972, § 4-803; Code 1995, § 13-303)

13-61 Code Enforcement Officer Designated To Act

Original source

The code enforcement officer is designated as the officer of the city who is to exercise the powers herein prescribed.

(Code 1972, § 4-804; Code 1995, § 13-304)

13-62 Institution Of Action And Notification By City Manager

Original source

When a petition is filed with the city manager by a public authority or by at least five residents of the city charging that any structure is unfit for human habitation, or use in general, or when it appears to the city manager (on his own motion) that any structure is unfit for human habitation or use, the code enforcement officer shall, if, after making a preliminary investigation, such investigation discloses a basis for such charges, issue and cause to be served upon the owner of the parties in interest of such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the city manager (or his designated agent) at a time and place therein fixed not less than ten days nor more than 30 days after the serving of the complaint; that the owners and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint; and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city manager or his designated agent. As contained herein, the term "public authority" means any officer who is in charge of any department or branch of the government of the city or the state relating to health, fire, building regulations, or other activities concerning structures in the city.

(Code 1972, § 4-805; Code 1995, § 13-305)

13-63 Determination Of And Further Notice By City Manager

Original source

(Code 1972, § 4-806; Code 1995, § 13-306)

13-64 Failure Of Owner To Comply To Vacate And Repair

Original source

If the owner fails to comply with the order under ACC 13-63, the city manager may cause such structure to be repaired, altered or improved or be vacated and closed and, in such event, the city manager may cause to be posted on the main entrance of any structure so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

(Code 1972, § 4-807; Code 1995, § 13-307)

13-65 Failure Of Owner To Remove Or Demolish

Original source

If the owner fails to comply with an order as set forth in ACC 13-63, the city manager may cause such structure to be removed or demolished.

(Code 1972, § 4-808; Code 1995, § 13-308)

13-66 Creation Of Lien And Payment Into Court

Original source

The amount of the cost of such repairs, alterations or improvements or vacating and closing or removal or demolition by the city manager shall be a lien against the real property on which such cost was incurred. If the structure is removed or demolished by the city manager, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the chancery court by the city manager, shall be secured in such manner as may be directed by such court and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Code 1972, § 4-809; Code 1995, § 13-309)

13-67 Conditions Rendering Structure Unfit For Human Habitation And Use

Original source

In addition to the other standards set forth in this chapter, the city manager or his authorized agent may determine that a structure is unfit for human habitation or public use if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such structures, the occupants of neighboring dwellings or other residents of the city; such conditions may include the following (but without limiting the generality of the foregoing): defects in increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.

(Code 1972, § 4-810; Code 1995, § 13-310)

13-68 Service Of Complaints Or Orders

Original source

Complaints or orders issued by the city manager pursuant to the requirements of this chapter shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the city manager in the exercise of reasonable diligence and the city manager or his authorized agent shall make affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the county register's office in which the structure is located and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

(Code 1972, § 4-811; Code 1995, § 13-311)

13-69 Enjoining Enforcement Of Order

Original source

(Code 1972, § 4-812; Code 1995, § 13-312)

13-70 Powers Given The City Manager

Original source

The city manager is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter including the following powers in addition to others herein granted:

(Code 1972, § 4-813; Code 1995, § 13-313)

CHAPTER 13-IV JUNKYARDS

Original source



13-89 Generally

Original source

All junkyards within the city shall be operated and maintained subject to the following regulations:

(Code 1972, § 8-1213; Code 1995, § 13-401)

CHAPTER 13-V ABANDONED MOTOR VEHICLES ON PRIVATE PROPERTY

Original source









13-108 Declaration Of Purpose Of Chapter

Original source

In enacting this chapter, the council finds and declares that the accumulation and storage of abandoned, wrecked, junked, partially dismantled, or inoperative motor vehicles, on private property, which motor vehicles are in the nature of rubbish and unsightly debris, violates, in many instances, the zoning regulations of the city and constitutes a nuisance detrimental to the health, safety, and welfare of the community in that such conditions tend to interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to minors as well as adults, interfere with the comfort and well being of the public and create, extend, and aggravate urban blight, and that the public health, safety, and general welfare require that such conditions be regulated, abated, and prohibited.

(Code 1972, § 8-701; Code 1995, § 13-501)

13-109 Storage On Private Property Restricted

Original source

It shall be unlawful to park, store, or leave, or to permit the parking or storing of any licensed or unlicensed motor vehicle of any kind, for a period in excess of 72 hours, when such vehicle is in a rusted, wrecked, junked, partially dismantled, inoperative, or abandoned condition, whether attended or not, upon any private property within the city unless the same is completely enclosed within a building or unless it is in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise.

(Code 1972, § 8-702; Code 1995, § 13-502)

13-110 Removal Required

Original source

The accumulation and storage of one or more such motor vehicles in violation of the provisions of this chapter shall constitute rubbish and debris and a nuisance detrimental to the health, safety, and general welfare of the inhabitants of the city. It shall be the duty of the registered owner of such motor vehicle and it shall also be the duty of the person in charge or control of the private property upon which such motor vehicle is located, whether as owner, tenant, occupant, lessee, or otherwise, to remove the same to a place of lawful storage, or to have the motor vehicle housed within a building where it will not be visible from the street.

(Code 1972, § 8-703; Code 1995, § 13-503)

13-111 Notice To Remove

Original source

Whenever there is reasonable grounds to believe that a violation of the provisions of this chapter exists, the chief of police shall give, or cause to be given, written notice to the registered owner of any motor vehicle which is in violation of this chapter, or shall give such notice to the owner or person in lawful possession or control of the private property upon which such motor vehicle is located, or shall give such notice to both the registered owner and to the owner or person in lawful possession or control of such private property that said motor vehicle violates the provisions of this chapter, and demand that said motor vehicle be removed to a place of lawful storage within 72 hours, or that within 72 hours the same be housed in a building where it will not be visible from the street. Service of such notice shall be by mail duly posted.

(Code 1972, § 8-704; Code 1995, § 13-504; Ord. No. 1085, § 1, 12-19-2019)

13-112 Refusal To Remove

Original source

Any person who fails, neglects, or refuses to remove the abandoned, wrecked, junked, partially dismantled, or inoperative motor vehicle or house the same and abate said nuisance is accordance with the notice as provided herein shall be in violation of the provisions of this chapter and shall be guilty of a misdemeanor.

(Code 1972, § 8-705; Code 1995, § 13-505)

13-113 Removal By City

Original source

In addition to and not in lieu of any other procedure prescribed in this chapter or in this Code for removal of abandoned motor vehicles from private property, if the registered owner of any motor vehicle which is in violation of this chapter or the owner or person in lawful possession or control of the private property upon which the same is located shall fail, neglect, or refuse to remove or house such abandoned, wrecked, junked, partially dismantled, or inoperative motor vehicle in accordance with the notice given pursuant to the provisions of this chapter, the chief of police may remove and dispose of such motor vehicle in the manner provided for by T.C.A., title 55, chapter 16, particularly T.C.A. §§ 55-16-104, 55-16-105, and 55-16-106. He may thereafter maintain an action in the name of the city, in the appropriate court, against any person upon whom notice was served as required by this chapter to recover the costs of removing and disposing of such motor vehicle in the event the proceeds of any sale thereof shall be insufficient to recover such costs.

(Code 1972, § 8-706; Code 1995, § 13-506; Ord. No. 1085, § 2, 12-19-2019)

13-114 Entry To Remove; Removal By Owner

Original source

The chief of police, any regularly employed and salaried officer of the police department of the city, contracting agents of the city, and employees of such contracting agents, and authorized officers, employees, and agents of the city, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this chapter. It shall be unlawful for any person to interfere with, hinder, or refuse to allow them to enter upon private property for such purpose and to remove any motor vehicle in accordance with the provisions of this chapter. Any person to whom notice was given pursuant to this chapter shall have the right to remove or house such motor vehicle in accordance with said notice at his own expense at any time prior to the arrival of the chief of police or his authorized representatives for the purpose of removal.

(Code 1972, § 8-707; Code 1995, § 13-507; Ord. No. 1085, § 3, 12-19-2019)

CHAPTER 13-VI PARKING OR STORING OF EXCESSIVE NUMBER OF VEHICLES ON PRIVATE PROPERTY

Original source







13-133 Purpose And Intent

Original source

In enacting the ordinance from which this chapter is derived, the city council finds and declares that an act or omission which injures, endangers, or unreasonably annoys the safety, health, comfort, property or general welfare of the citizens of the city constitutes a public nuisance. The city council finds that maintaining an excessive number of vehicles on private property zoned residential which are visible to the public at large constitutes a detriment to the health, safety, and welfare of the community and are declared to be a public nuisance. The city council thus declares that such conditions should be regulated, abated, and prohibited because such conditions reduce the value of and enjoyment of private and public property.

(Ord. No. 1042, § 1(13-601), 10-20-2015)

13-134 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Vehicle means any machine propelled by power other than human power, designed to travel on ground, water, or air, by use of wheels, tread, runners, slides, or motor, and to transport persons or property or pull machinery, including, but not limited to, an automobile, truck, travel trailer, motorcycle, motor scooter, go-cart, boat, pontoon, and personal watercraft.

(Ord. No. 1042, § 1(13-602), 10-20-2015)

13-135 Excessive Number Of Vehicles On Private Property Restricted

Original source

It is unlawful for the owner of any real property located in the city which is zoned residential or any person or entity who is making use of the real property in any manner to park, store, or allow to be parked or stored or kept on real property zoned residential more than ten vehicles.

(Ord. No. 1042, § 1(13-603), 10-20-2015)

13-136 Exceptions And Exclusions

Original source

ACC 13-135 does not apply to the following:

(Ord. No. 1042, § 1(13-604), 10-20-2015)

13-137 Violations And Penalties

Original source

A violation of this chapter shall be punished by civil penalty of not more than $50.00 and costs for each separate violation. A separate violation shall occur for each day that a property owner or any person or entity making use of the real property violates this chapter, as each day a violation continues shall constitute a separate civil offense.

(Ord. No. 1042, § 1(13-606), 10-20-2015)

CHAPTER 13-VII PARKING OR STORING OF UNSIGHTLY VEHICLES ON PRIVATE PROPERTY ZONED RESIDENTIAL

Original source







13-161 Declaration Of Purpose Of Chapter

Original source

In enacting the ordinance from which this chapter is derived, the city council finds and declares that an act or omission which injures, endangers, or unreasonably annoys the safety, health, comfort, property or general welfare of the citizens of the city constitutes a public nuisance. The city council finds that maintaining an unsightly vehicle on private property zoned residential which is visible to the public at large constitutes a detriment to the health, safety, and welfare of the community and is declared to be a public nuisance. The city council thus declares that such condition should be regulated, abated, and prohibited, because such conditions reduces the value of and enjoyment of private and public property.

(Ord. No. 1056, § 1(13-701), 10-18-2016)

13-162 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Unsightly vehicle means any vehicle which is rusted, wrecked, junked, partially dismantled, or in such disrepair that it can no longer be used for its intended purpose.

Vehicle means any machine propelled by power other than human power, designed to travel on ground, water, or air, by use of wheels, tread, runners, slides, or motor, and to transport persons or property or pull machinery, including, but not limited to, an automobile, truck, motorized or non-motorized travel trailer of any kind, motorcycle, motor scooter, go-cart, boat, pontoon, and personal water craft.

(Ord. No. 1056, § 1(13-702), 10-18-2016)

13-163 Unsightly Vehicles On Private Property Restricted

Original source

It is unlawful for the owner of any real property located in the city which is zoned residential or any person or entity who is making use of the real property zoned residential in any manner to park, store, or allow to be parked or stored or kept on real property zoned residential an unsightly vehicle.

(Ord. No. 1056, § 1(13-703), 10-18-2016)

13-164 Exceptions

Original source

ACC 13-163 does not apply to the following:

(Ord. No. 1056, § 1(13-704), 10-18-2016)

13-165 Penalty

Original source

A violation of this chapter shall be punished by civil penalty of not more than $50.00 and costs for each separate violation. A separate violation shall occur for each day that a property owner or any person or entity making use of the real property violates this chapter, as each day a violation continues shall constitute a separate civil offense.

(Ord. No. 1056, § 1(13-705), 10-18-2016)

TITLE 14 ZONING AND LAND USE CONTROL

Original source









CHAPTER 14-I REGIONAL PLANNING COMMISSION

Original source





14-1 Creation And Membership

Original source

14-2 Organization, Powers, Duties, Etc.

Original source

The planning commission shall be organized and shall carry out its powers, functions, and duties in accordance with all applicable provisions of T.C.A. title 13.

14-3 Additional Powers

Original source

Having been designated as a regional planning commission, the city planning commission shall have the additional powers granted by, and shall otherwise be governed by, the provisions of the state law relating to regional planning commissions.

CHAPTER 14-II ZONING ORDINANCE

Original source



14-25 Land Use To Be Governed By Zoning Ordinance

Original source

Land use within the city shall be governed by Ordinance 1021, adopted August 20, 2013, referred to as "Ordinance and Map Establishing Revised Comprehensive Zoning Regulations for the City of Athens, Tennessee," and any amendments thereto.

Athens Zoning Ordinance (June 1, 2026)

HISTORY
Revised by Ord. 1021 on 8/20/2023
Amended by Ord. 1148 on 11/18/2025
Amended by Ord. 1151 Athens Zoning Ordinance on 5/19/2026

CHAPTER 14-III GRADING PERMIT POLICY

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14-54 Purpose; Scope; Authority

Original source

The purpose, scope and authority of this chapter is as follows:

14-55 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bedrock means in-place, solid, and undisturbed rock.

Clearing means the removal from land of trees, shrubs, grass, and/or other varied ground cover and vegetation for windbreaks, water retention, and the maintenance of topsoil.

Compaction means the densification of materials by mechanical means.

Cut. See Excavation.

Earth material means any rock and/or natural soil exclusive of any decomposable matter.

Earthwork means excavation, fill and backfill, compaction, and grading.

Erosion means the wearing away of the ground surface as a result of movement of wind, water, and/or ice.

Excavation means the mechanical removal of earth material.

Fill or backfill means a deposit of earth by artificial means.

Finish or final grade means the grade of the subject site, which conforms to the permitted plan.

Grade means the vertical location of the ground surface to a predetermined elevation datum.

Grading means the operation of raising or lowering the ground surface to a predetermined grade.

Grading permit means a document allowing or authorizing the initiation of grading, excavation, or related earthwork according to city policies, procedures, and ordinances in conformity to the approved plans.

Rough grade means the stage of construction at which the grade approximately conforms to the permitted plan.

Sediment means solid material, both inorganic and organic, that is in suspension, is being transported, or has been moved from its origin by air, water, gravity, or ice as a product of erosion.

Site means a specific location on which any of the following activities are underway: excavation, cutting, or filling of earth or related earthwork.

Site plan means the graphical plan, usually in map form, prepared pursuant to ACC chapter 14-IV and the subdivision regulations of the city.

Soil means naturally occurring surface deposits overlying bedrock.

Stormwater means the waters derived from rain falling or snow melting within a tributary drainage basin, flowing over the surface of the ground or collected in a stormwater drainage system.

14-56 Permitting Procedures

Original source

Unless otherwise stated herein, no persons shall perform any clearing, excavation, or earthwork within the city without first having obtained a grading permit from the public works department. A separate permit will be required for each and every individual site. This section explains the procedure for applying for grading permits and the process by which the public works department reviews and approves permits. This policy is applicable but is not limited to the following activities:

14-57 Exceptions For Grading Permits

Original source

The following described activities shall not require a grading permit in order to perform clearing, excavation, or related earthwork:

14-58 Responsibility Not Waived

Original source

The grading permit exceptions listed in ACC 14-57 do not relieve the owner, developer, contractor, or other legal representative of the responsibility of installing and properly maintaining the proper erosion/sedimentation control measures or other liability resulting from such activities.

14-59 Site Plan And/Or Conceptual Grading Plan Requirements

Original source

14-60 Plan Submittal, Review, And Approval Process For Grading Permits

Original source

14-61 Grading Permit Fees

Original source

The fee for the grading permit is intended to assist the city in recovering some of the expenses associated with the permit process. These costs consist primarily of administration, inspection, and enforcement activities and shall be approved and set by the city council. Fees are due upon submission of the permit application and are available at the public works department.

14-62 Erosion And Sedimentation Control

Original source

14-63 Control Measures

Original source

The following control measures shall be used as a minimum for erosion control:

14-64 Responsibility And Enforcement Of Policy

Original source

CHAPTER 14-IV SITE PLANS AND LAND DEVELOPMENT

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14-87 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building means any structure built for the support, shelter, housing, or enclosure of persons, animals, or property of any kind.

Commission means the planning commission of the city.

Dwelling means a building or portion thereof which is designed or used exclusively for residential purposes.

Dwelling unit means a group of one or more rooms designed for or intended for occupancy by a single family.

Floodplain means that area of a streambed or its adjoining land that is subject to recurrent overflow or inundation in time of flood.

Row dwelling means one of a series of three or more attached dwelling units under a common roof with a common exterior wall and separated from one another by continuous vertical party walls without openings from basement to roof.

Single-family dwelling means a detached building designed for or intended to be occupied by one family.

Site plan means a plan delineating the overall scheme of development of a tract of land, including, but not limited to, grading, engineering design, construction details, and survey data for existing and proposed improvements; size, height, shape and location of buildings; location and design of parking areas, pedestrian and vehicular circulation on site, and circulation for emergency apparatus.

Structure means anything which is built or constructed (an assembly of materials or any piece of work artificially built up or composed of parts joined together in some definite manner).

Two-family dwelling means a building designed for, or intended to be occupied by, not over two families living independently of each other. The term "two-family dwelling" includes both duplex (one dwelling unit above another) and semidetached (two dwelling units having a common vertical party wall).

14-88 Exceptions

Original source

The provisions of this chapter shall not apply to:

14-89 Approved Site Plan Required To Erect Buildings

Original source

Except as provided in ACC 14-88, it is a civil offense for any person to construct or erect any building or structure on any land within the city until a site plan has been submitted and approved in accordance with the provisions of this chapter.

14-90 Approved Site Plan Required To Enlarge Buildings

Original source

Except as provided in ACC 14-88, it is a civil offense for any person to alter any building or structure on any land within the city in such a manner as to increase the floor area or change the land area covered by the building or structure until a site plan has been submitted and approved in accordance with the provisions of this chapter.

14-91 Approved Site Plan Required To Disturb Land

Original source

Except as provided in ACC 14-88, it is unlawful for any person to alter the grade of any land in such a manner as to change the contours in excess of two feet within ten feet of adjacent land, or in excess of three feet elsewhere; construct any streets, alleys, sidewalks, curbs, or gutters; build any retaining walls; construct any off-street parking facility; construct any drain or sewer or change or divert the flow of stormwater or natural watercourses until a site plan has been submitted and approved in accordance with this chapter.

14-92 Development According To Site Plan

Original source

It is unlawful for any person to construct, erect, or alter any building or structure or to develop, change, or improve land for which an approved site plan is required by this chapter, except in accordance with the approval final site plan.

14-93 Permits Cannot Be Issued Without Approved Site Plans

Original source

No permit shall be issued to erect or alter any building or structure or alter the grade of any land that is subject to this chapter until a site plan has been submitted and approved in accordance with the provisions of this chapter.

14-94 Site Plan--Submission

Original source

The owner or developer shall submit three copies engineer-stamped plus one electronic version of the site plans (or as many as may be required by the public works director or his designee) of his proposed site plan to the public works director or his designee five days prior to his intended date of site alterations. The public works director or his designee shall consider the site plan in light of the provisions of this chapter and approve or disapprove same as required. The plan shall then be returned to the owner or his agent with the date of such approval or disapproval noted thereon over the signature of the public works director or his designee.

14-95 Site Plan--Contents

Original source

14-96 Requirements, Regulations, And Restrictions

Original source

14-97 Certified As-Built Site Plan

Original source

A certified as-built site plan is required before issuance of a certificate of occupancy.

14-98 Appeals

Original source

If an applicant determines that his site plan has been unjustly disapproved or that the public works director or his designee has made requests for conformity to standards other than those set forth in this chapter, he may appeal the decision of the public works director or his designee to the city manager.

14-99 Violations And Penalty

Original source

Any person who violates the provisions of this chapter shall be subject to a civil penalty under ACC 1-13. Each day a violation is allowed to continue shall constitute a separate offense.

CHAPTER 14-V STORMWATER MANAGEMENT

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14-127 General Provisions

Original source

HISTORY
Amended by Ord. 1138 (14-501) on 3/18/2025

14-128 Definitions

Original source

For the purpose of this chapter, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.


HISTORY
Amended by Ord. 1138 (14-502) on 3/18/2025
Amended by Ord. 1145 on 10/21/2025

14-129 Construction Stormwater Management

Original source

HISTORY
Amended by Ord. 1138 (14-503) on 3/18/2025

14-130 Permanent Stormwater Management: Design And Construction Inspection

Original source


HISTORY
Amended by Ord. 1138 (14-504) on 3/18/2025
Amended by Ord. 1145 on 10/21/2025

14-131 Permanent Stormwater Control Measure (SCM) Maintenance And Inspection

Original source


HISTORY
Amended by Ord. 1138 (14-505) on 3/18/2025

14-132 Permanent SCM's: New Development, Existing Locations And Ongoing Developments

Original source


HISTORY
Amended by Ord. 1138 (14-506) on 3/18/2025

14-133 Illicit Discharges

Original source

This section shall apply to all water generated on developed or undeveloped land entering the City’s separate storm sewer system.


HISTORY
Amended by Ord. 1138 (14-507) on 3/18/2025

14-134 Enforcement

Original source


HISTORY
Amended by Ord. 1138 (14-508) on 3/18/2025

14-135 Penalties

Original source

Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City, shall be guilty of a civil offense.


HISTORY
Amended by Ord. 1138 (14-509) on 3/18/2025

14-136 Appeals

Original source

Pursuant to Tennessee Code Annotated § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the City’s governing body.


HISTORY
Amended by Ord. 1138 (14-510) on 3/18/2025

CHAPTER 14-VI LANDSCAPE REGULATIONS

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14-156 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Caliper means a measurement of the tree trunk diameter measured at 2 1/2 feet above grade level.

Gross floor area means the total interior space as defined by the building code.

Impervious surfaces includes concrete, asphalt, brick, metal, or any other material constructed or erected on landscaped or natural buffer areas that impede the percolation of water into the ground.

Interior parking bay means all parking bays that do not qualify as a perimeter bay.

Landscaped area/landscape yard means an area to be planted with grass, trees, shrubs or other natural ground cover. No impervious surfaces are permitted in these areas.

Landscaped island means a landscaped area defined by a curb and surrounded by paving on all sides.

Landscaped peninsula means a landscaped area defined by a curb and surrounded by paving on three sides.

Natural buffer means an area of land set aside for preservation in its natural vegetative state. Plants may not be removed, with the exception of poisonous or non-native plant species or plants that have died that pose a risk to public safety. In addition, fill/cutting activities, storage of materials, and impervious surfaces are not permitted in these areas.

New development. Construction of a new building or structure on its own lot is considered as new development. New buildings or structures constructed on a lot which already contains existing buildings is considered as an expansion.

Perimeter bay means all parking bays that are adjacent to the perimeter of a development.

Screening shrubs means evergreen shrubs that maintain their foliage year-round.

Screening trees means evergreen trees that maintain their foliage year-round.

Street yard means a designated landscaped area where private property abuts the public street right-of-way for planting of grass, trees, and shrubs.

14-157 Purpose And Intent

Original source

The purpose and intent of this chapter is to preserve and promote the health, safety, and the general welfare of the public; to conserve properties and their values; and to preserve the character of an area by preventing the harmful effects of prejudicial land uses. More specifically, this chapter is intended to require the landscaping of parking lots in order to reduce the harmful effects of wind and air turbulence, heat and noise, the glare of motor vehicle lights, the level of carbon dioxide in the atmosphere, and soil erosion, while providing shade and enhancing the blighted appearance of parking lots.

14-158 Applicability

Original source

The requirements of this chapter shall apply to:

14-159 Landscape Site Plan Submittal

Original source

Proposed developments subject to the provisions of this chapter shall submit a landscape site plan to the building inspections office. A licensed landscape architect, architect, or engineer may be required to design the landscape plan. Such requirements will be based on the complexity of the conditions, the adjacent properties, and the site itself. This determination will be made by the city manager, public works director, community development director, or their designee. This plan may be incorporated into a site plan or parking/paving plan, provided the scale is not less than one inch equals 40 feet. The following elements shall be shown on the landscape site plan:

14-160 Plant Installation Detail Plan

Original source

Prior to receiving a certificate of occupancy, a plant installation plan shall be submitted to the building inspections office and approved containing the following information:

The applicant has the option of submitting both the landscape plan and the plant installation detail plan at the same time.

14-161 Hardships

Original source

14-163 Trees Projecting Over Streets, Alleys, Or Sidewalks Prohibited

Original source

In accordance with ACC 16-2, it is unlawful for any property owner or occupant to allow any limbs of trees on his/her property to project out and/or over any street, alley or sidewalk at a height of less than 14 feet.

14-164 Trees, Fences, Etc., Obstructing View At Intersections Prohibited

Original source

In accordance with ACC 16-3, it is unlawful for any property owner or occupant to have or maintain on his property any fence, tree, hedge, shrub, sign, or other construction which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection. The obstructions mentioned in this section shall not be above two feet in height and shall not be allowed within 50 feet from the centerline of any street. This section is not applicable to buildings or their appendages or retaining walls.

14-165 Street Yard Requirements

Original source

14-166 Parking Lot Requirements

Original source

14-167 Screening Requirements

Original source

14-168 Landscaping Credits For Buffering Along Perennial Streams

Original source

Credits for landscaping are available for leaving natural buffers along perennial streams. All credits and buffer designs are subject to the review and approval of the building inspections office and/or the public works department.

14-169 Plant Installation Specifications

Original source

14-170 Utility Easement Policy

Original source

14-171 Maintenance/bonding

Original source

The persons in charge of or in control of the property, whether as owner, lessee, tenant, occupant or otherwise, shall be responsible for the continued proper maintenance of all landscaping materials and shall keep them in proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Other defective landscape material shall be replaced or repaired within three months that meet the requirements of this chapter. A maintenance/replacement bond in an amount equal to 110 percent of the projected cost of landscaping shall be provided to the city of a period not less than one year.

14-172 Certificate Of Occupancy/Bonding

Original source

14-173 Appeals

Original source

14-174 Responsibility And Enforcement Of Policy

Original source

The ordinance from which this policy is derived is adopted by the city council and by the city municipal/regional planning commission. Inspection and enforcement of the conditions described in this policy are the responsibility of, but not limited to, the public works director, or his designee, or the city building inspector, or other persons as designated by the city manager. Intentional or continued violation of this policy is considered a civil offense.

CHAPTER 14-VII MOBILE HOMES

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14-202 Definitions

Original source

Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions where not inconsistent with the context. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buffer strip. An evergreen buffer shall consist of a greenbelt planted strip not less than ten feet in width. Such a greenbelt shall be composed of one row of evergreen trees, spaced not more than 40 feet apart and not less than two rows of shrubs or hedge, spaced not more than five feet apart and which grow to a height of five feet or more after one full growing season and which shrubs will eventually grow to not less than ten feet.

Health officer means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or his duly authorized representative.

Mobile home (trailer) means a detached single-family dwelling unit with any or all of the following characteristics:

Mobile home park means any plot of ground on which two or more mobile homes occupied for dwelling or sleeping purposes are located.

Mobile home space means a plot of ground within a mobile home park designated for the accommodation of one mobile home.

Permit (license) means the permit required for mobile home parks, single mobile homes, and travel trailer parks. Fees charged for mobile home and travel trailer parks under the permit requirements are for inspection and the administration of this chapter.

Travel trailer means a travel trailer, pickup camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing or a unit which:

Travel trailer park means any plot of ground on which two or more travel trailers, occupied for camping or periods of short stay, are located.

14-203 General Regulations--Mobile Homes

Original source

14-204 General Regulations--Mobile Home Parks

Original source

14-205 General Regulations--Travel Trailers And Travel Trailer Parks

Original source

14-206 Permit--Required

Original source

It is unlawful for any person to maintain or operate, within the corporate limits of the city, any mobile home park unless such person shall first obtain a permit therefor.

14-207 Permit--Fees

Original source

An annual permit fee shall be required for mobile home parks and travel trailer parks.

14-208 Permit--Application

Original source

14-209 Enforcement

Original source

14-210 Appeals

Original source

14-211 Violations

Original source

Any person or corporation who violates the provisions of this chapter or the rules and regulations adopted pursuant hereto, or fails to perform the reasonable requirements specified by the city building inspector or county health officer, after receipt of five days' written notice of such requirements, shall be subject to a civil penalty under ACC 1-13.

TITLE 15 VEHICLES, TRAFFIC AND PARKING

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CHAPTER 15-I VEHICLES, TRAFFIC AND PARKING IN GENERAL

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15-1 Adoption Of State Traffic Statutes

Original source

By the authority granted under T.C.A. § 16-18-302, the city adopts, to the extent applicable within municipalities, the state rules of the road and the additional state statutes cited below by reference as though fully set forth in this title:

T.C.A. §§ 55-1-101 to 55-1-126Definitions
T.C.A. §§ 55-4-101 to 55-4-142Registration and licensing, part 1
T.C.A. §§ 55-8-101 to 55-8-199Rules of the road, part 1
T.C.A. §§ 55-9-201 to 55-9-205Equipment, part 2, vehicles generally
T.C.A. §§ 55-9-302 to 55-9-308Equipment, part 3, motorcycles, etc.
T.C.A. §§ 55-9-401 to 55-9-415Equipment, part 4, lighting
T.C.A. §§ 55-9-601 to 55-9-606Equipment, part 6, safety belts
T.C.A. § 55-12-139 Evidence of Compliance with Financial Responsibility Law
T.C.A. § 55-50-301Driver's license required
T.C.A. § 55-50-351Possession and display of driver's license

15-2 Unlaned Streets

Original source

(Code 1972, § 9-110; Code 1995, § 15-104)

15-3 Carrying Passengers And Riding On Sidewalks Restricted

Original source

15-4 Motor Vehicle Windows With Tinting, Reflecting Or Sunscreen

Original source

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

15-5 General Requirements For Traffic Control Signs, Etc.

Original source

All traffic control signs, signals, markings and devices shall conform to the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the U. S. Department of Transportation, Federal Highway Administration, and shall, so far as practicable, be uniform as to type and location throughout the city.

(Code 1972, § 9-114; Code 1995, § 15-108)

15-6 Presumption With Respect To Traffic Control Signs, Signals, Etc.

Original source

When a traffic-control sign, signal, marking or device has been placed, the presumption shall be that it is official and that it has been lawfully placed by the proper municipal authority.

(Code 1972, § 9-116; Code 1995, § 15-110)

15-7 City Manager Authorized To Erect Traffic Control Signs, Markers, Etc.

Original source

(Code 1972, § 9-128; Code 1995, § 15-122)

15-8 City Manager Authorized To Issue Permits For Twin Trailers

Original source

The city manager or his or her designee is empowered to issue permits for designated routes to transportation firms wanting to operate twin trailers within the corporate limits of the city, as provided by T.C.A. § 55-7-208. The designated routes shall be determined by the city manager.

(Code 1972, § 9-129; Code 1995, § 15-123)

CHAPTER 15-II SPEED LIMITS

Original source






15-35 Generally

Original source

It is unlawful for any person to operate or drive a motor vehicle upon any highway or street at a rate of speed in excess of 30 miles per hour except where official signs have been posted indicating other speed limits in which cases the posted speed limit shall apply.

(Code 1972, § 9-201; Code 1995, § 15-301)

15-36 At Intersections

Original source

It is unlawful for any person to operate or drive a motor vehicle through any intersection at a rate of speed in excess of 15 miles per hour unless such person is driving on a street regulated by traffic control signals or signs which require traffic to stop or yield on the intersecting streets.

(Code 1972, § 9-202; Code 1995, § 15-302)

15-37 In School Zones

Original source

It is unlawful for any person to operate or drive a motor vehicle through any school zone or near any playground at a rate of speed in excess of the posted speed limit when official signs indicating such speed limit have been posted by authority of the city. This section shall not apply at times when children are not in the vicinity of a school and such posted signs have been covered by direction of the chief of police.

(Code 1972, § 9-203; Code 1995, § 15-303)

15-38 In Congested Areas

Original source

It is unlawful for any person to operate or drive a motor vehicle through any congested area at a rate of speed in excess of any posted speed limit when such speed limit has been posted by authority of the city.

(Code 1972, § 9-204; Code 1995, § 15-304)

CHAPTER 15-III PROHIBITED ACTS

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15-65 Cruising In Motor Vehicles On Shopping Center Parking Areas And Roadways

Original source

(Code 1972, § 9-206; Code 1995, § 15-306)

15-66 Driving On Streets Closed For Repairs Or Other Lawful Purpose

Original source

Except for necessary access to property abutting thereon, no motor vehicle shall be driven upon any street that is barricaded or closed for repairs or other lawful purpose.

(Code 1972, § 9-106; Code 1995, § 15-102)

15-67 Interference With Traffic

Original source

It is unlawful for any person to stand, sit, or engage in any activity whatever on any public street, sidewalk, bridge, or public ground in such a manner as to prevent, obstruct or interfere with the free passage of pedestrian or vehicular traffic thereon.

(Code 1972, § 10-232; Code 1995, § 11-704)

15-68 Obstructing An Intersection

Original source

No driver shall enter any intersection or marked crosswalk unless there is sufficient space on the other side of such intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of traffic in or on the intersecting street or crosswalk. This provision shall be effective notwithstanding any traffic control signal indication to proceed.

(Code 1972, § 9-403; Code 1995, § 15-503)

15-69 Following Emergency Vehicles

Original source

(Code 1972, §§ 9-102, 9-104; Code 1995, §§ 15-201, 15-203)

15-70 Clinging To Vehicles In Motion

Original source

It is unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, skateboard or any other vehicle to cling to, or attach himself or his vehicle to, any other moving vehicle upon any street, alley, or other public way or place.

(Code 1972, § 9-120; Code 1995, § 15-113)

15-71 Riding On Outside Of Vehicles

Original source

It is unlawful for any person to ride, or for the owner or operator of any motor vehicle being operated on a street, alley or other public way or place, to permit any person to ride on any portion of such vehicle not designed or intended for the use of passengers. This section shall not apply to persons engaged in the necessary discharge of lawful duties nor to persons riding in the load-carrying space of trucks.

(Code 1972, § 9-121; Code 1995, § 15-114)

15-72 Causing Unnecessary Noise; Muffler Required

Original source

(Code 1972, § 9-124; Code 1995, § 15-117)

15-73 Damaging Pavements

Original source

No person shall operate upon any street of the city any vehicle, motor-propelled or otherwise, which by reason of its weight or the character of its wheels or track is likely to damage the surface or foundation of the street.

(Code 1972, § 9-119; Code 1995, § 15-120)

15-74 Trespass By Motor Vehicle

Original source

(Code 1995, § 11-809; Ord. No. 931, 9-20-2005)

CHAPTER 15-IV PARKING

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15-92 Generally

Original source

(Code 1972, § 9-501; Code 1995, § 15-601; Ord. No. 917, 4-20-2004; Ord. No. 1085, § 4, 12-19-2019)

15-93 Angle Parking

Original source

On those streets which have been signed or marked by the city for angle parking, no person shall park or stand a vehicle other than at the angle indicated by such signs or markings. No person shall angle park any vehicle which has a trailer attached thereto or which has a length in excess of 24 feet.

(Code 1972, § 9-502; Code 1995, § 15-602)

15-94 Occupancy Of More Than One Space

Original source

No person shall park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the official markings on the street or curb designating such space, unless the vehicle is too large to be parked within a single designated space.

(Code 1972, § 9-503; Code 1995, § 15-603)

15-95 Where Prohibited

Original source

No person shall park a vehicle in violation of any sign placed or erected by the city nor:

(Code 1972, § 9-504; Code 1995, § 15-604; Ord. No. 783, 11-16-1993)

15-96 Loading And Unloading Zones

Original source

No person shall park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or merchandise in any place marked by the city as a loading and unloading zone.

(Code 1972, § 9-505; Code 1995, § 15-605)

15-97 Regulation Of Parking

Original source

(Code 1995, § 15-606; Ord. No. 770, 12-15-1992)

15-98 Unlawful To Park In Space Designated For Disabled Persons

Original source

(Code 1972, § 9-507; Code 1995, § 15-607)

15-99 Presumption With Respect To Illegal Parking

Original source

When any unoccupied vehicle is found parked in violation of any provision of this chapter, there shall be a prima facie presumption that the registered owner of the vehicle is responsible for such illegal parking.

(Code 1972, § 9-508; Code 1995, § 15-608)

15-100 Municipally-Owned Parking Lots

Original source

On any municipally-owned parking lots not used in connection with a municipal function or facility, the same may be used by the general public for parking motor vehicles, under such rules and regulations as the city council may make. No spaces may be reserved except by special permission of the city council. No vehicle shall be parked on the municipally-owned parking lots more than 24 consecutive hours. Any vehicle parked in violation of this section or parking regulations made by the city council may be removed at the owner's expense and the owner or operator would be guilty of a civil offense.

(Code 1972, § 9-509; Code 1995, § 15-609)

CHAPTER 15-V ADMINISTRATION AND ENFORCEMENT

Original source






15-129 Issuance Of Traffic Citations

Original source

When a police officer halts a traffic violator other than for the purpose of giving a warning and does not take such person into custody under arrest, he shall take the name, address, and operator's license number of the person, the license number of the motor vehicle involved, and such other pertinent information as may be necessary and shall issue to him a written traffic citation containing a notice to answer to the charge against him in the city court at a specified time. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody.

(Code 1972, § 9-702; Code 1995, § 15-801)

15-130 Failure To Obey Citation

Original source

It is unlawful for any person to violate his written promise to appear in court after giving the promise to an officer upon the issuance of a traffic citation, regardless of the disposition of the charge for which the citation was originally issued.

(Code 1972, § 9-703; Code 1995, § 15-802)

15-131 Illegal Parking

Original source

When any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this Code, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a citation for the driver and/or owner to answer for the violation within seven days during the hours and at a place specified in the citation.

(Code 1972, § 9-704; Code 1995, § 15-803)

15-132 Impoundment Of Vehicles

Original source

Members of the police department are authorized to remove from the streets and impound any vehicle whose operator is arrested or any vehicle which is illegally parked or abandoned. Any vehicle left parked on any street or alley for more than 72 consecutive hours without permission from the chief of police shall be presumed to have been abandoned if the owner cannot be located after a reasonable investigation.

(Code 1972, § 9-701; Code 1995, § 15-804)

TITLE 16 STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES

Original source









CHAPTER 16-I STREETS, SIDEWALKS AND OTHER PUBLIC PLACES IN GENERAL

Original source














16-1 Obstructing Streets, Alleys, Or Sidewalks Prohibited

Original source

No person shall use or occupy any portion of any public street, alley, sidewalk or right-of-way for the purpose of storing, selling or exhibiting any goods, wares, merchandise or materials without prior approval by the city manager or his/her designee.

(Code 1972, § 12-201; Code 1995, § 16-101; Ord. No. 1085, § 5, 12-19-1995)

16-2 Trees Projecting Over Streets, Alleys, Etc., Regulated

Original source

It is unlawful for any property owner or occupant to allow any limbs of trees on his property to project out over any street, alley or sidewalk at a height of less than 14 feet.

(Code 1972, § 12-202; Code 1995, § 16-102)

16-3 Trees Or Objects Obstructing View At Intersections Prohibited

Original source

It is unlawful for any property owner or occupant to have or maintain on his property any fence, tree, hedge, shrub, sign, or other construction which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection. The obstructions shall not be above two feet in height and shall not be allowed within 50 feet from the centerline of any street. This section is not applicable to buildings or their appendages or retaining walls.

(Code 1972, § 12-203; Code 1995, § 16-103)

16-4 Projecting Signs And Awnings And Other Objects Restricted

Original source

Signs, awnings, or other structures which project over any street or other public way shall be erected subject to the requirements of the building code.

(Code 1972, § 12-204; Code 1995, § 16-104)

16-5 Banners And Signs Across Streets And Alleys Restricted

Original source

It is unlawful for any person to place or have placed any banner or sign across any public street or alley except when expressly authorized by the city council.

(Code 1972, § 12-205; Code 1995, § 16-105)

16-6 Gates Or Doors Opening Over Streets, Alleys, Or Sidewalks Prohibited

Original source

It is unlawful for any person owning or occupying property to allow any gate or door to swing open upon or over any street, alley or sidewalk except when required by law.

(Code 1972, § 12-206; Code 1995, § 16-106)

16-7 Littering Streets, Alleys Or Sidewalks Prohibited

Original source

It is unlawful for any person to litter, place, throw, or allow to fall on any street, alley or sidewalk any refuse, glass, tacks, sweepings, or other objects or materials which are unsightly or which obstruct or tend to limit or interfere with the use of such public ways and places for their intended purposes. Trucks are expressly required to be so loaded or covered that sand, gravel, or other materials being transported will not be allowed to fall or be blown into any public way or place pursuant to T.C.A. § 39-14-507.

(Code 1972, § 12-207; Code 1995, § 16-107)

16-8 Obstruction Of Drainage Ditches

Original source

It is unlawful for any person to permit or cause the obstruction of any drainage ditch in any public right-of-way.

(Code 1972, § 12-208; Code 1995, § 16-108)

16-9 Abutting Occupants To Keep Sidewalks Clean, Etc.

Original source

The occupants of property abutting on a sidewalk are required to keep the sidewalk clean. Also, immediately after a snow or sleet event, such occupants are required to remove all accumulated snow and ice from the abutting sidewalk.

(Code 1972, § 12-209; Code 1995, § 16-109)

16-10 Parades Regulated

Original source

It is unlawful for any club, organization or similar group to hold any meeting, parade, demonstration or exhibition on the public streets without some responsible representative first securing a permit from the chief of police. No permit shall be issued by the city manager, or his/her designee, unless such activity will not unreasonably interfere with traffic and unless such representative shall agree to see to the immediate cleaning up of all litter which shall be left on the streets as a result of the activity. Furthermore, it is unlawful for any person obtaining such a permit to fail to carry out his agreement to immediately clean up the resulting litter.

(Code 1972, § 12-210; Code 1995, § 16-110; Ord. No. 866, § 1, 1-18-2000; Ord. No. 1085, § 6, 12-19-2019)

16-11 Fires In Streets And Other Public Ways

Original source

It is unlawful for any person to set or contribute to any fire in any public street, alley, or sidewalk.

16-12 Animals And Vehicles On Sidewalks

Original source

It is unlawful for any person to ride, lead or tie any animal or ride, push, pull or place any vehicle across or upon any sidewalk in such manner as to unreasonably interfere with or inconvenience pedestrians using the sidewalk. It shall also be unlawful for any person to knowingly allow any minor under his control to violate this section.

(Code 1972, § 12-212; Code 1995, § 16-112)

CHAPTER 16-II RIGHT-OF-WAY MANAGEMENT

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16-43 Intent And Purpose

Original source

In order to provide for the public health, safety and welfare of the citizens of the city, as well as to ensure the structural integrity of the city's streets and related infrastructures, to minimize the disruption to the traveling public, and to ensure the costs incurred by the city to maintain and manage the rights-of-way and that they are properly allocated among the various users of the rights-of-way, the city establishes standards for authorizing and managing the placement of facilities in rights-of-way; performing installation, maintenance, and other work in the rights-of-way; and appropriately recovering costs incurred by the city related to such activities.

(Code 1972, § 12-101; Code 1995, § 16-201; Ord. No. 906, 2-18-2003)

16-44 Permit Required

Original source

(Code 1972, § 12-102; Code 1995, § 16-202; Ord. No. 905, 2-18-2003)

16-45 Applications

Original source

Applications for rights-of-way construction permits shall be made to the city manager, or such person designated by him to receive such applications, and shall include, but not be limited to, the following:

(Code 1972, § 12-103; Code 1995, § 16-203; Ord. No. 906, 2-18-2003)

16-46 Failure To Apply

Original source

Any person that fails to comply with ACC 16-45 shall be precluded from obtaining any rights-of-way construction permit or performing any further construction within the city's rights-of-way for up to three months from the date of notification, in addition to any monetary civil penalty imposed by the city.

(Code 1972, § 12-104; Code 1995, § 16-204; Ord. No. 906, 2-18-2003)

16-47 Fee

Original source

The fee for such rights-of-way construction permits shall be as provided in the city fee schedule.

(Code 1972, § 12-105; Code 1995, § 16-205; Ord. No. 906, 2-18-2003)

16-48 Deposit

Original source

It shall be the responsibility of the permittee to place with the city a cash deposit or a surety bond, either by the job or activity or on an annual basis. The amount of the deposit shall be determined by the city manager or his designee based upon the size and nature of the permitted work within the right-of-way. The city may use the deposit to cover its cost should a failure of restoration work occur to the public right-of-way facility.

(Code 1972, § 12-106; Code 1995, § 16-206; Ord. No. 906, 2-18-2003)

16-49 Manner Of Excavating; Barricades, Signage, And Lights

Original source

Any person, firm, corporation, public or private utility, association, or others making any excavation or tunnel shall do so according to the specifications and standards issued by the city and must comply with the provisions of the Underground Utility Damage Prevention Act, T.C.A. § 65-31-101 et seq. Sufficient and proper barricades, signage, and lights shall be maintained to protect persons and property from injury by or because of the excavations being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users. It shall be the responsibility of the permittee to adhere to the Manual on Uniform Traffic Control Devices.

(Code 1972, § 12-107; Code 1995, § 16-207; Ord. No. 906, 2-18-2003)

16-50 Restoration Of Public Right-Of-Way

Original source

Any person, firm, corporation, public or private utility, association or others making any excavation or tunnel in or under any street, curb, alley or public right-of-way in the city shall backfill the street, curb, alley or public right-of-way and restore the same, including final surfacing, to city specifications and standards promptly upon the completion of the work for which the excavation or tunnel is made. Final surfacing may be done by the city at the expense of the entity for which the excavation or tunnel is made, if requested, provided that city crews can schedule the work within 24 hours of this request. If not, the entity will be required to place final surfacing in accordance with the requirements of this chapter. No excavation or tunnel in or under any street, curb, sidewalk, alley, or public right-of-way shall be permitted to obstruct the flow of traffic unless the permit holder coordinates with the city public works department and police department and provides a plan to address the impact on traffic flow. In the event final resurfacing cannot be completed immediately after backfilling, the entity shall use temporary resurfacing materials, such as cold mix or steel plate, or provide an approved detour around such opening or excavation which would aid the flow of traffic. The detour must be approved by the public works director or his designee prior to establishing any such detour. Such detour routes must be adequately signed and marked according to the Manual on Uniform Traffic Control Devices. Maintenance of signage and markings will be the responsibility of the permittee.

(Code 1972, § 12-108; Code 1995, § 16-208; Ord. No. 906, 2-18-2003)

16-51 Perpetual Care

Original source

Any person, firm, corporation, public or private utility, association, or others affecting a public right-of-way within the city shall be responsible for any defects which occur to the public facility within the public right-of-way due to workmanship or materials. The cost for repairs shall be the responsibility of the utility owners of the facility which was placed within the city right-of-way. The city's public works department will be responsible for making the repairs or having the work contracted. The city may allow the utility to make the repair if requested to do so. Repairs shall be made in accordance with specifications furnished by the city or the city's engineering consultants.

(Code 1995, § 16-210; Ord. No. 906, 2-18-2003)

16-52 Inspection

Original source

It shall be the responsibility of any person, firm, corporation, public or private utility, association, or others to call the director of public works for an inspection of the permitted facility as required by the rights-of-way construction permit. The permit shall specify, based upon the size and scope of the permitted work, the type of inspection to be required. The cost of all inspections shall be borne by the owner of the permitted work whether the work is performed by the staff of the city or by a third-party service. The permittee is to be bound by the rules and regulations as specified on the permit.

(Code 1995, § 16-211; Ord. No. 906, 2-18-2003)

16-53 Specifications

Original source

Each rights-of-way construction permit shall be assigned a set of restoration specification standards. These specifications will be referenced by number and so indicated on the permit. It shall be the responsibility of the city public works department to maintain and provide the specification standards. The permittee may request a copy as required. The cost of the specification shall be limited to reproduction cost and paid by the permittee.

(Code 1995, § 16-212; Ord. No. 906, 2-18-2003)

16-54 Insurance

Original source

In addition to making the deposit hereinbefore provided to be made in ACC 16-48, each person applying for a rights-of-way construction permit shall file a certificate of insurance or other suitable instrument indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance is by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the city manager in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less than the current limits found in the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq., or $250,000.00 for each person and $600,000.00 for each accident and for property damages an amount not less than $85,000.00, with an aggregate of $685,000.00 for all accidents, whichever is greater.

(Code 1995, § 16-213; Ord. No. 906, 2-18-2003)

16-55 Indemnification

Original source

(Code 1995, § 16-214; Ord. No. 906, 2-18-2003)

16-56 Time Limits

Original source

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or pavement or until the refill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the city manager.

(Code 1995, § 16-215; Ord. No. 906, 2-18-2003)

16-57 Supervision

Original source

The city manager or his designee shall monitor all excavations and tunnels being made in or under any public street, curb, sidewalk, alley, or other public right-of-way in the city and see to the enforcement of the provisions of this chapter. Notice shall be given to him before the work of refilling any such excavation or tunnel commences and the work may not commence until the inspector arrives at the site or gives verbal permission to proceed.

(Code 1995, § 16-216; Ord. No. 906, 2-18-2003)

16-58 Stop Work Order

Original source

If at any time that any person, firm, corporation, public or private utility, association, or other is making any cut or excavation in any street, curb, alley, or public right-of-way, or is tunneling under any street, curb, alley, or public right-of-way in the city, and it is determined by the city manager or his designee that the work being performed is not in compliance with the city's regulations, state or federal regulations or recognized construction and/or safety practices, the city manager or his designee shall issue a stop work order, and the person, firm, corporation, public or private utility, association, or other that is making the cut or excavation in any street, sidewalk, curb, alley, or public right-of-way, or is tunneling under any street, sidewalk, curb, alley, or public right-of-way shall cease work in the city's rights-of-way until corrective measures are taken and the city manager or his designee rescinds the stop work order.

(Code 1995, § 16-217; Ord. No. 906, 2-18-2003)

16-59 Facility Relocation

Original source

(Code 1995, § 16-218; Ord. No. 906, 2-18-2003)

16-60 Violation And Penalty

Original source

In addition to any other action the city may take against a permit holder in violation of this chapter, such violation shall be subject to a civil penalty under ACC 1-13. Each day a violation occurs shall constitute a separate offense.

(Code 1995, § 16-219; Ord. No. 906, 2-18-2003)

CHAPTER 16-III STREET NAMES AND PROPERTY NUMBERS

Original source




16-79 Street Names

Original source

(Code 1995, § 16-301; Code 1972, § 12-301)

16-80 Property Numbers

Original source

Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number. The numerals shall be posted in such a manner as to be visible from the street on which the property is located and shall be not less than three inches, measured from top to bottom.

(Code 1972, § 12-302; Code 1995, § 16-302)

CHAPTER 16-IV STREET CLASSIFICATION, MAINTENANCE AND IMPROVEMENT

Original source








16-104 Classification Of Streets

Original source

(Code 1972, § 12-401; Code 1995, § 16-401)

16-105 Maintenance

Original source

The city shall maintain all existing streets in their present condition. A street ledger shall be maintained to list the condition of all existing streets and to note the addition of new streets as they are constructed.

(Code 1972, § 12-402; Code 1995, § 16-402)

16-106 Originating Improvements

Original source

(Code 1972, § 12-403; Code 1995, § 16-403)

16-107 Financing Improvements

Original source

Residential, commercial or industrial subdividers shall pay the entire cost of streets and improvements.

(Code 1972, § 12-404; Code 1995, § 16-404; Ord. No. 1012, § 4, 12-18-2012)

16-108 Specifications For Construction

Original source

(Code 1972, § 12-405; Code 1995, § 16-405)

16-109 Petitions

Original source

(Code 1972, § 12-406; Code 1995, § 16-406)

CHAPTER 16-V SKATEBOARDING, ROLLER SKATING, AND SIMILAR ACTIVITIES

Original source








16-132 Prohibited In Certain Designated Areas

Original source

It is a civil offense and subject to punishment in accordance with the provisions of this chapter for any person utilizing or riding upon any skateboard, roller skates, rollerblades, or a similar device to ride or move about upon such device in or on the public property defined in ACC 16-133 or private property when the private property has been designated by the owner by the procedure outlined in ACC 16-134 and posted as outlined in ACC 16-135 as a no skateboarding, roller skating, rollerblading or similar activity area.

(Code 1995, § 16-501; Ord. No. 962, 11-20-2007; Ord. No. 976, 2-17-2009)

16-133 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Private property means any property held by private interests which is used primarily for business, commercial, office space, religious, multifamily or recreational purposes. The term "private property" shall also include the parking facilities for these private property areas.

Public property means any property owned or maintained by the city within the downtown business district, which is defined as that area upon and within the interior of the boundaries of Green Street, College Street, Hill Street and Park Street as shown on the map of the city attached to the ordinance from which this chapter is derived and incorporated herein by reference, including, but not limited to, city streets and sidewalks. The term "public property" also means any property, wherever situated, owned or maintained by any public utility.

Roller skates or rollerblades means any footwear or device which may be attached to the foot or footwear to which wheels are attached, including wheels that are inline, and where such wheels may be used to aid the wearer in moving or propulsion. "Heelys™" are not included in the definition of roller skates or rollerblades.

Skateboard means a board of any material which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power. The term "skateboards" includes a board which has wheels attached to it and a device or mechanism to turn or control the wheels, such boards commonly referred to as "Razors™."

(Code 1995, § 16-502; Ord. No. 962, 11-20-2007; Ord. No. 976, 2-17-2009)

16-134 Designation Of Private Property As No Skateboarding, Roller Skating, Or Rollerblading Area

Original source

(Code 1995, § 16-503; Ord. No. 962, 11-20-2007)

16-135 Posting Of Signs Required; Content

Original source

(Code 1995, § 16-504; Ord. No. 962, 11-20-2007)

16-136 Penalties

Original source

Any violation of this chapter is deemed a civil offense, punishable by a civil penalty of up to $50.00.

(Code 1995, § 16-505; Ord. No. 962, 11-20-2007)

16-137 Exemptions

Original source

Any device designated, intended, and used solely for the transportation of infants, disabled or incapacitated persons, devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from this chapter. Furthermore, the city council may, by resolution, suspend the enforcement provisions of this chapter to accommodate special events when so requested by the event organizer.

(Code 1995, § 16-506; Ord. No. 962, 11-20-2007)

CHAPTER 16-VI CLOSURE AND ABANDONMENT OF STREETS OR RIGHTS-OF-WAY

Original source












16-158 Purpose

Original source

The purpose of this chapter is to establish procedures for the closure or closure and abandonment of streets and rights-of-way within the city.

(Code 1995, § 16-601; Ord. No. 996, 6-21-2011)

16-159 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the letting go of, or vacating of, public interest in a property. After a street or right-of-way is abandoned, the public no longer has a right to use the property for access.

Closure means the preventing of public vehicular use of a street or right-of-way. When a street or right-of-way is closed without abandonment, public interest in the property is retained.

Right-of-way means the area dedicated for public use as a street or alley, whether developed or undeveloped.

Street means any public street or alley, including right-of-way, within the city.

(Code 1995, § 16-602; Ord. No. 996, 6-21-2011)

16-160 Initiation

Original source

There are two alternatives for the initiation of the closure or closure and abandonment of a street or right-of-way. First, the owners of an interest in any real property abutting upon any street or right-of-way may request that the council consider the closure or closure and abandonment of the street or right-of-way. Second, the council may itself initiate the closure or closure and abandonment of a street or right-of-way.

(Code 1995, § 16-603; Ord. No. 996, 6-21-2011)

16-161 Requests

Original source

All requests for the closure or closure and abandonment of streets or rights-of-way shall be submitted in writing to the community development department and shall include the reasons for such a request. The request shall include proof in the form of a signed petition, or other written documentation, that all other property owners affected by the proposed closure or closure and abandonment have been contacted and concur with the request.

(Code 1995, § 16-604; Ord. No. 996, 6-21-2011)

16-162 Fees

Original source

Every request for the closure of a street or right-of-way, or any part thereof, shall be accompanied by a nonrefundable fee in the amount of $50.00. If the request is also for the abandonment of a street or right-of-way, the nonrefundable fee shall be $100.00. These fees shall be used to defray the administrative cost incurred in processing the petition and publishing, posting and mailing notices, plus any consulting costs incurred by the city during the review process.

(Code 1995, § 16-605; Ord. No. 996, 6-21-2011)

16-163 Submittals Required With Abandonment Requests

Original source

Every request for the abandonment of a street or right-of-way, or any part thereof, shall be accompanied by the following information:

(Code 1995, § 16-606; Ord. No. 996, 6-21-2011)

16-164 Departmental Review Required

Original source

Upon receipt of a request for the closure or closure and abandonment of a street or right-of-way, or any part thereof, the community development department shall notify all applicable city departments, including fire, police, public works, water quality control, gas and electric departments. Comments shall be received from these departments prior to the community development department submitting the request to the city municipal/regional planning commission for review.

(Code 1995, § 16-607; Ord. No. 996, 6-21-2011)

16-165 Municipal/Regional Planning Commission Review Required

Original source

All proposals for the closure or closure and abandonment of a street or right-of-way, whether city-initiated or initiated as a result of a petition, shall be reviewed by the city municipal/regional planning commission. The following procedure shall apply for municipal/regional planning commission review of all proposals for the closure or closure and abandonment of a street or right-of-way:

(Code 1995, § 16-608; Ord. No. 996, 6-21-2011)

16-166 Procedure For Council Approval

Original source

The city council may or may not approve the closure or abandonment of a street or right-of-way, or any part thereof, with such conditions or limitations as the council deems necessary and proper to preserve any public use or benefit. Council approval may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services.

(Code 1995, § 16-609; Ord. No. 996, 6-21-2011)

16-167 Compensation For Closure

Original source

Where a street closure has been initiated by request, the owners of property signing the petition shall pay to the city, prior to the effective date of the closure of the street, a sum equal to the cost of physical closure as required by the department of public works. If the street closure has been initiated by the city, the payment of such sum shall not be required. Upon determination by the department of public works of the cost of physical closure of the street, the city manager or designee shall notify the representatives of the petitioners of the amount of required compensation. The payment shall be delivered to the city manager or designee who, upon receipt of payment, shall transmit it to the finance department for deposit in the city's general fund.

(Code 1995, § 16-610; Ord. No. 996, 6-21-2011)

CHAPTER 16-VII EXCAVATIONS

Original source












16-188 Permit Required

Original source

16-189 Applications

Original source

Applications for excavation permits shall be made to the recorder, or such person as he may designate to receive such applications, and shall state thereon the location of the intended excavation or tunnel, the size thereof, the purpose thereof, the person or entity doing the actual excavating, and the name of the person or entity for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating to the work to be done. Such application shall be rejected or approved by the recorder within 24 hours of its filing.

16-190 Fee

Original source

The fee for excavation permits shall be $20.00.

16-191 Deposit Or Bond

Original source

16-192 Safety Restrictions On Excavations

Original source

Any person or entity making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done. Sufficient and proper barricades and lights shall be maintained to protect persons and property from injury by or because of the excavation being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users.

16-193 Restoration Of Streets, Etc.

Original source

16-194 Insurance

Original source

16-195 Time Limits

Original source

Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or pavement, or until the refill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It is unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the recorder.

16-196 Supervision

Original source

The person designated by the city council shall from time to time inspect all excavations and tunnels being made in or under any public street, alley, or other public place in the city and see to the enforcement of the provisions of this chapter. Notice shall be given to him at least ten hours before the work of refilling any such excavation or tunnel commences.

16-197 Violations And Penalty

Original source

Any violation of this chapter shall constitute a civil offense and shall be punishable by a civil penalty under ACC 1-13, by revocation of permit, or by both civil penalty and revocation. Each day a violation shall be allowed to continue shall constitute a separate offense.

TITLE 17 SOLID WASTE DISPOSAL

Original source




CHAPTER 17-I SOLID WASTE DISPOSAL IN GENERAL

Original source













17-1 Definitions

Original source

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ashes includes the waste products from coal, wood, and other fuels used for cooking and heating from all public and private residences and establishments.

Collector means any person, firm, or corporation that collects, transports, or disposes of any refuse within the corporate limits of the city.

Garbage means all animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of foods.

Refuse means all solid wastes, except body wastes, and includes garbage, ashes, and rubbish (trash).

Rubbish includes wastepaper, tin cans, broken ware, discarded shoes and clothing, bottles, grass cuttings, or nonputrescible solid wastes. The term "rubbish" shall not include debris from construction or repair work, trees or tree trimmings, bricks or rocks, or any other waste that is likely to cause damage to the equipment of the city or injury to its employees or is likely, because of the nature, size, or weight of the material, to cause undue hardship on the collector.

(Code 1972, § 8-101; Code 1995, § 17-101)

17-2 Premises To Be Kept Clean

Original source

All persons within the corporate limits of the city are required to keep their premises in a clean and sanitary condition, free from accumulations of refuse, offal, filth, and trash. Such persons, firms, and corporations are required to store such refuse in sanitary containers of the type described in ACC 17-5 between intervals of collection or to dispose of such material in a manner prescribed by the city manager, the city health officer or the supervisor of the city sanitation department so as not to cause a nuisance or become injurious to the public health and welfare.

(Code 1972, § 8-102; Code 1995, § 17-102; Ord. No. 1012, § 2, 12-18-2012)

17-3 Accumulation And Storage Of Refuse

Original source

(Code 1972, § 8-103; Code 1995, § 17-103)

17-4 Disturbing Containers

Original source

No unauthorized person shall uncover, rifle, pilfer, dig into, turn over or in any other manner disturb or use any refuse container belonging to another. This section shall not be construed to prohibit the use of public refuse containers for their intended purpose.

(Code 1972, § 8-116; Code 1995, § 17-115)

17-5 Containers (Tote Carts)

Original source

(Code 1972, § 8-104; Code 1995, § 17-104; Ord. No. 905, 12-17-2002; Ord. No. 982, 2-16-2010)

17-6 Refuse Not To Be Collected Unless Properly Stored

Original source

In no case will it be the responsibility of the city sanitation department to shovel or pick up from the ground any accumulation of refuse, including leaves, lawn clippings, brush, packing material, etc., except as prescribed in ACC 17-3(5).

(Code 1972, § 8-105; Code 1995, § 17-105)

17-7 Refuse From Construction, Demolition, Or Repairs

Original source

In no case will it be the responsibility of the city sanitation department to collect refuse resulting from construction, demolition, or repairs of buildings, structures, or appurtenances. The property owner/contractor, or the person having same in charge, shall be responsible for the disposal of such refuse.

(Code 1972, § 8-106; Code 1995, § 17-106)

17-8 Unlawful To Burn

Original source

It is unlawful for any person, firm, or corporation to burn refuse on private or public property within the corporate limits of the city without first obtaining a permit from the fire department.

(Code 1972, § 8-107; Code 1995, § 17-107)

17-9 Dumping In Streams, Sewers, And Drains Prohibited

Original source

It is unlawful for any person, firm, or corporation to dump refuse in any form into a stream, ditch, storm sewer, sanitary sewer, or other drain within the corporate limits of the city.

(Code 1972, § 8-108; Code 1995, § 17-108)

17-10 Disposal Of Refuse By City

Original source

All refuse accumulated in the city shall be collected, conveyed, and disposed of by the city's sanitation department. No person shall convey over any of the streets or alleys of the city, or dispose of any refuse accumulated in the city, except as noted in ACC 17-11. All refuse shall be disposed of in the city at the city's sanitary landfill or other sites approved by the city.

(Code 1972, § 8-109; Code 1995, § 17-109)

17-11 Disposal Of Refuse Other Than By City

Original source

Actual producers of refuse, including residential, commercial, and business establishments, or the owners of premises upon which refuse has accumulated, may convey and dispose of such refuse, provided they agree to comply with the requirements of this Code concerning contractors, etc., and the point of disposal, and apply for a permit granting them the right to collect, convey, and dispose of the refuse. Applicants for this type of private disposal permit will not be exempt from paying the minimum disposal charges as provided in ACC 17-43.

(Code 1972, § 8-110; Code 1995, § 17-110)

CHAPTER 17-II COLLECTION PROCEDURE AND FEES

Original source









17-41 Collection Practices

Original source

(Code 1972, § 8-112; Code 1995, § 17-111)

17-42 Frequency Of Collection

Original source

(Code 1972, § 8-113; Code 1995, § 17-112)

17-43 Refuse Collection And Disposal Service Charges

Original source

(Code 1972, § 8-114; Code 1995, § 17-113; Ord. No. 777, 6-15-1993; Ord. No. 805, 6-20-1995; Ord. No. 917, 4-20-2004; Ord. No. 982, 2-16-2010)

17-44 Method Of Collecting Service Charges

Original source

(Code 1972, § 8-115; Code 1995, § 17-114; Ord. No. 805, 6-20-1995; Ord. No. 917, 4-20-2004)

17-45 Collection Under Supervision Of City Manager

Original source

(Code 1972, § 8-117; Code 1995, § 17-116; Ord. No. 917, 4-20-2004; Ord. No. 1012, § 3, 12-18-2012)

17-46 Collection Vehicles

Original source

The collection of refuse shall be by means of vehicles with beds constructed of impervious materials which are easily cleanable and so constructed that there will be no leakage of liquids draining from the refuse onto the streets and alleys. Furthermore, all refuse collection vehicles shall utilize closed beds or such coverings as will effectively prevent the scattering of refuse over the streets or alleys.

(Code 1972, § 8-118; Code 1995, § 17-117)

17-47 Violations

Original source

(Code 1972, § 8-119; Code 1995, § 17-118; Ord. No. 794, 7-19-1994)

TITLE 18 WATER AND SEWERS

Original source







CHAPTER 18-I WASTE DISPOSAL AND PRIVATE SEWERS

Original source








18-1 Purpose And Policy

Original source

(Code 1972, § 13-101; Code 1995, § 18-101; Ord. No. 972, 11-18-2008)

18-2 Administration

Original source

Except as otherwise provided in this chapter, the city shall administer, implement, and enforce the provisions of this chapter.

(Code 1972, § 13-102; Code 1995, § 18-102; Ord. No. 972, 11-18-2008)

18-3 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

24-hour flow proportional composite sample means a sample consisting of several sample portions collected during a 24-hour period in which the portions of a sample are proportioned to the flow and combined to form a representative sample.

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended and found in 33 USC 1251 et seq.

Administrator means the Administrator of the United States Environmental Protection Agency.

Approval authority means the state department of environment and conservation, division of water pollution control.

Authorized or duly authorized representative of industrial user means:

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L)).

Building sewer means a sewer conveying wastewater from the premises of a user to the publicly owned sewer collection system.

Categorical standards means the National Categorical Pretreatment Standards or pretreatment standard as found in 40 CFR ch. I, subch. N, pts. 405--471.

Commissioner means the commissioner of environment and conservation or the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner.

Compatible pollutant means BOD, suspended solids, pH, fecal coliform bacteria, and such additional pollutants as are now or may in the future be specified and controlled in the city's NPDES permit for its wastewater treatment works where sewer works have been designed and used to reduce or remove such pollutants.

Composite sample means a sample composed of two or more discrete samples. The aggregate sample will reflect the average water quality covering the compositing or sample period.

Control authority means the approval authority, as defined in this section, or the local hearing authority if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.

Cooling water means the water discharge from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

Customer means any individual, partnership, corporation, association, or group who receives sewer service from the city, through the Athens Utilities Board, under either an express or implied contract requiring payment to the Athens Utilities Board for such service.

Daily maximum means the arithmetic average of all effluent samples for a pollutant (except pH) collected during a calendar day. The daily maximum for pH is the highest value tested during a 24-hour calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where the limit is expressed in units of mass, the limit is the maximum amount of total mass of the pollutant that can be discharged during the calendar day. Where the limit is expressed in concentration, it is the arithmetic average of all concentration measurements taken during the calendar day.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Domestic wastewater means wastewater that is generated by a single-family, apartment or other dwelling unit or dwelling unit equivalent or commercial establishment containing sanitary facilities for the disposal of wastewater and used for residential or commercial purposes only.

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency, or, where appropriate, the term "Environmental Protection Agency" or "EPA" may also be used as a designation for the administrator or other duly authorized official of the agency.

Garbage means solid wastes generated from any domestic, commercial or industrial source.

Grab sample means a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and is collected over a period of time not to exceed 15 minutes. Grab sampling procedure: Where composite sampling is not an appropriate sampling technique, a grab samples shall be taken to obtain influent and effluent operational data. Collection of influent grab samples should precede collection of effluent samples by approximately one detention period. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year. Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical or physical interactions which take place after sample collection and affect the results.

Grease interceptor means an interceptor whose rated flow is 50 gallons per minute or less and is generally located inside the building.

Grease trap means an interceptor whose rated flow is 50 gallons per minute or more and is located outside the building.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

Incompatible pollutant means any pollutant which is not a compatible pollutant as defined in this section.

Indirect discharge means the introduction of pollutants into the wastewater facility (WWF) from any non-domestic source.

Industrial user means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of the Act (33 USC 1342).

Industrial wastes means any liquid, solid, or gaseous substance, or combination thereof, or form of energy, including heat, resulting from any process of industry, manufacture, trade, food processing or preparation, or business or from the development of any natural resource.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interceptor means a device designed and installed to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from normal wastes, while permitting normal sewage or waste to discharge into the drainage system by gravity.

Interference means a discharge that, alone or in conjunction with discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal, or exceeds the design capacity of the treatment works or collection system.

Local administrative officer means the general manager of the Athens Utilities Board (AUB) or his duly authorized representative.

Local hearing authority means the city utilities five-member governing board or such person appointed by the board to administer and enforce the provisions of this chapter and conduct hearings pursuant to ACC 18-35.

NAICS or North American Industrial Classification System means a system of industrial classification jointly agreed upon by Canada, Mexico and the United States. NAICS replaces the Standard Industrial Classification (SIC) System.

National Categorical Pretreatment Standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users.

New source means:

NPDES (National Pollution Discharge Elimination System) means the program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into navigable waters, the contiguous zone, and the oceans pursuant to section 402 of the Clean Water Act, as amended.

Pass-through means a discharge which exits the wastewater facility (WWF) into waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the WWF's NPDES permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, turbidity, color, BOD, COD, toxicity, or odor discharge into water).

Pollution means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, biological processes, or process changes or other means, except through dilution as prohibited by 40 CFR 403.6(d).

Pretreatment coordinator means the person designated by the local administrative officer or his authorized representative to supervise the operation of the pretreatment program.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.

Pretreatment standards or standards means a prohibited discharge standard, categorical pretreatment standard and local limit.

Publicly owned treatment works (POTW) means a treatment works as defined by section 212 of the Act (33 USC 1292) which is owned in this instance by the municipality (as defined by section 502(4) of the Act). The term "publicly owned treatment works (POTW)" includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. The term "publicly owned treatment works (POTW)" also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term "publicly owned treatment works (POTW)" also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. See Wastewater facility (WWF).

Significant industrial user means:

Significant noncompliance means:

Slug means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the WWF's regulations, local limits, or permit conditions.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

Storm sewer or storm drain means a pipe or conduit which carries storm waters and surface waters and drainage, but excludes sewage and industrial wastes.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Superintendent means the local administrative officer or person designated by him to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids and that is removable by laboratory filtering.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations published by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act 307(a) or other acts.

User means the owner, tenant or occupant of any lot or parcel of land connected to a sanitary sewer, or for which a sanitary sewer line is available, if a municipality levies a sewer charge on the basis of such availability, as defined in T.C.A. § 68-221-201.

Wastewater means the liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the WWF.

Wastewater facility (WWF) means any or all of the following: the collection/transmission system, treatment plant, and the reuse or disposal system, which is owned by any person. The term "wastewater facility (WWF)" includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. The term "wastewater facility (WWF)" also includes sewers, pipes and other conveyances only if they convey wastewater to a WWF treatment plant. The term "wastewater facility (WWF)" also means the municipality as defined in section 502(4) of the Federal Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. The term "WWF" was formerly known as a POTW, or publicly owned treatment works.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and other bodies of accumulation of water, surface or underground, natural or artificial, public or private, that are contained within, flow through, or border upon the state or any portion thereof.

(Code 1972, § 13-103; Code 1995, § 18-103; Ord. No. 972, 11-18-2008)

18-4 Proper Waste Disposal Required

Original source

(Code 1972, § 13-104; Code 1995, § 18-104; Ord. No. 972, 11-18-2008)

18-5 Private Domestic Wastewater Disposal

Original source

(Code 1972, § 13-105; Code 1995, § 18-105; Ord. No. 972, 11-18-2008)

18-6 Connection To Public Sewers

Original source

(Code 1972, § 13-106; Code 1995, § 18-106; Ord. No. 972, 11-18-2008)

CHAPTER 18-II GENERAL WASTEWATER REGULATIONS

Original source










18-31 Purpose And Policy

Original source

(Code 1995, § 18-201; Ord. No. 972, 11-18-2008)

18-32 Administration

Original source

Through the ordinance from which this chapter is derived, the city delegates the implementation and enforcement of this chapter and ACC chapter 18-III to the Athens Utilities Board.

(Code 1995, § 18-202; Ord. No. 972, 11-18-2008)

18-33 Connection To Public Sewers

Original source

(Code 1995, § 18-203; Ord. No. 972, 11-18-2008)

18-34 Septic Tank Effluent Pump Or Grinder Pump Wastewater Systems

Original source

Where necessary, due to elevations, proximity of the existing gravity sewer, etc., grinder pump installation will follow the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-204; Ord. No. 972, 11-18-2008)

18-35 Regulation Of Holding Tank Waste Disposal Or Trucked-In Waste

Original source

No person, firm, association or corporation shall haul in or truck in to the WWF any type of domestic, commercial or industrial waste unless such person, firm, association, or corporation obtains written approval from the Athens Utilities Board to perform such acts or services. Approval and acceptance of holding tank or hauled waste will be done in accordance with the Athens Utilities Board's established policies and procedures.

(Code 1995, § 18-205; Ord. No. 972, 11-18-2008)

18-36 Discharge Regulations

Original source

(Code 1995, § 18-206; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

18-37 Enforcement And Abatement

Original source

Violators of these wastewater regulations may be cited to city court, general sessions court, chancery court, or other court of competent jurisdiction, face fines, have sewer service terminated or the AUB may seek further remedies as needed to protect the collection system, treatment plant, receiving stream and public health, including the issuance of discharge permits according to ACC chapter 18-III. Repeated or continuous violation of this chapter is declared to be a public nuisance and may result in legal action against the property owner and/or occupant and the service line disconnected from sewer main. Upon notice by the superintendent that a violation has or is occurring, the user shall immediately take steps to stop or correct the violation. The AUB may take any or all the following remedies:

(Code 1995, § 18-207; Ord. No. 972, 11-18-2008)

18-38 Fees And Billing

Original source

(Code 1995, § 18-208; Ord. No. 972, 11-18-2008)

CHAPTER 18-III INDUSTRIAL/COMMERCIAL WASTEWATER REGULATIONS

Original source










18-65 Industrial Pretreatment

Original source

In order to comply with federal industrial pretreatment rules 40 CFR 403 and state pretreatment rules Tenn. Comp. Rules and Regs. 1200-4-14 and to fulfill the purpose and policy of this chapter, the following regulations are adopted:

(Code 1995, § 18-301; Ord. No. 972, 11-18-2008)

18-66 Discharge Permits

Original source

(Code 1995, § 18-302; Ord. No. 972, 11-18-2008)

18-67 Industrial User Additional Requirements

Original source

(Code 1995, § 18-303; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

18-68 Reporting Requirements

Original source

Users, whether permitted or non-permitted, may be required to submit reports detailing the nature and characteristics of their discharges according to this section. Failure to make a requested report in the specified time is a violation subject to enforcement actions under ACC 18-70.

(Code 1995, § 18-304; Ord. No. 972, 11-18-2008; Ord. No. 985, 3-16-2010)

18-69 Enforcement Response Plan

Original source

Under the authority of T.C.A. § 69-3-123 et seq., the enforcement response plan shall be as follows:

(Code 1995, § 18-305; Ord. No. 972, 11-18-2008)

18-70 Enforcement Response Guide Table; Purpose

Original source

The AUB's enforcement response plan is to provide for the consistent and equitable enforcement of the provisions of this chapter. The plan includes a table to guide the AUB when imposing sanctions or penalties for the violation of this chapter.

(Code 1995, § 18-306; Ord. No. 972, 11-18-2008)

18-71 Fees And Billing

Original source

(Code 1995, § 18-307; Ord. No. 972, 11-18-2008)

18-72 Validity

Original source

This chapter and its provisions shall be valid for all service areas, regions, and sewage works under the jurisdiction of the AUB.

(Code 1995, § 18-308; Ord. No. 972, 11-18-2008)

CHAPTER 18-IV WATER

Original source



18-103 Under Control Of Utilities Board

Original source

Municipal water service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.

(Code 1972, § 13-201; Code 1995, § 18-401; Ord. No. 972, 11-18-2008)

CHAPTER 18-V CROSS CONNECTIONS AND AUXILIARY INTAKES

Original source






18-135 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Auxiliary intake means any piping connection or other device whereby water may be secured from a source other than that normally used.

Bypass means any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant.

Cross connection means any physical arrangement whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building, in such manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or back pressure valves, or because of any other arrangement.

Interconnection means any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, storage reservoir, or other device which normally contains sewage or other waste or liquid which would be capable of imparting contamination to the public water supply.

Public water supply means the waterworks system furnishing water to the city for general use and which supply is recognized as the public water supply by the state department of health.

(Code 1972, § 8-301; Code 1995, § 18-501; Ord. No. 972, 11-18-2008)

18-136 Construction, Operation, And Supervision

Original source

It is unlawful for any person to cause a cross connection, auxiliary intake, bypass or interconnection to be made, or allow one to exist for any purpose whatsoever unless the construction and operation of the same have been approved by the state department of health, and the operation of such cross connection, auxiliary intake, bypass or interconnection is at all times under the direct supervision of the superintendent of the waterworks of the city.

(Code 1972, § 8-302; Code 1995, § 18-502; Ord. No. 972, 11-18-2008)

18-137 Statement Required

Original source

Any person whose premises are supplied with water from the public water supply, and who also has on the same premises a separate source of water supply, or stores water in an uncovered or insanitary storage reservoir from which the water stored therein is circulated through a piping system, shall file with the superintendent of the waterworks a statement of the nonexistence of unapproved or unauthorized cross connections, auxiliary intakes, bypasses, or interconnections. Such statement shall also contain an agreement that no cross connection, auxiliary intake, bypass, or interconnection will be permitted upon the premises until the construction and operation of the same have received the approval of the state department of health, and the operation and maintenance of the same have been placed under the direct supervision of the superintendent of the waterworks.

(Code 1972, § 8-303; Code 1995, § 18-503; Ord. No. 972, 11-18-2008)

18-138 Violations

Original source

Any person who now has cross connections, auxiliary intakes, bypasses or interconnections in violation of the provisions of this chapter shall be allowed a reasonable time within which to comply with such provisions. After a thorough investigation of existing conditions and an appraisal of the time required to complete the work, the amount of time to be allowed shall be designated by the superintendent of the waterworks. In addition to, or in lieu of any fines and civil penalties that may be judicially assessed for violations of this chapter, the superintendent of the waterworks shall discontinue the public water supply service at any premises upon which there is found to be a cross connection, auxiliary intake, bypass, or interconnection, and service shall not be restored until such cross connection, auxiliary intake, bypass, or interconnection has been discontinued.

(Code 1972, § 8-304; Code 1995, § 18-504; Ord. No. 972, 11-18-2008)

TITLE 19 ELECTRICITY AND GAS

Original source




CHAPTER 19-I ELECTRICITY

Original source



19-1 Under Control Of The Athens Utilities Board

Original source

Municipal electric service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.

(Code 1972, § 13-401; Code 1995, § 19-101)

CHAPTER 19-II GAS

Original source



19-21 Under Control Of The Athens Utilities Board

Original source

Municipal gas service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.

(Code 1972, § 13-301; Code 1995, § 19-102)

TITLE 20 CEMETERIES

Original source















20-1 Transfer Of Lots

Original source

In order that the city may at all times have a permanent record of the ownership of all city cemetery lots, it is a civil offense for any person, firm or corporation owning a cemetery lot in the city cemeteries (Cedar Grove Cemetery, Sullins Cemetery, or Hammonds Cemetery) to sell, transfer, or convey the same without obtaining the prior written consent of the community development director or his or her designee. All transfers of ownership in plots and all assignments shall be subject to a charge of $10.00, to be paid to the city at the time of transfer or assignment.

(Code 1972, § 12-501; Code 1995, § 20-101)

20-2 Price Of Lots

Original source

The price of lots shall be established by the city council in regular session and future changes in the price of lots may be governed as economic conditions may dictate. The current prices are as follows:


City Residents or Property OwnersNon-City Residents
Cedar Grove Cemetery$350.00$600.00
Sullins Cemetery$350.00$600.00
Hammonds Cemetery$350.00$600.00

(Code 1972, § 12-502; Code 1995, § 20-102; Ord. No. 831, 6-15-1997; Ord. No. 884, 10-16-2001; Ord. No. 971, 8-19-2008)

HISTORY
Approved by Ord. 1141 FY 2025-26 Annual Budget Effective 7/1/2025 on 6/17/2025

20-3 Grave Markers And Monuments

Original source

(Code 1972, § 12-503; Code 1995, § 20-103)

20-4 Fences Or Walls

Original source

No fences or walls shall hereafter be erected upon any cemetery lot and no corner markers or slabs shall rise above the ground.

(Code 1972, § 12-504; Code 1995, § 20-104)

20-5 Shrubbery, Plants, Flowers, Trees, Or Growth

Original source

Planting of shrubs, plants, flowers, trees, or other growth will not be permitted except by special permission of the city manager. No person shall disturb the sod, plants, trees, shrubs or flowers that have been planted by the city or authorized persons or interfere in any manner with the general design and beauty of the cemeteries. Flowers, vases, wreaths, flags and other temporary decorations may be placed upon lots or graves contingent on the right of the city to remove them after a reasonable time if they become unsightly or mar the beauty or the appearance of the cemeteries.

(Code 1972, § 12-505; Code 1995, § 20-105)

20-6 Depths And Boundaries Of Graves

Original source

All graves shall be at least six inches within the boundary lines of the burial lot and shall be at least four feet in depth. Grave sites in all future plots shall be four feet by ten feet.

(Code 1972, § 12-506; Code 1995, § 20-106)

20-7 Responsibility Of Mortuary

Original source

It will be the responsibility of the mortuary or other persons responsible for preparing a grave site to remove all surplus dirt from the grave site or area surrounding the grave site, provided such surplus dirt was created as a result of preparing a grave site.

(Code 1972, § 12-507; Code 1995, § 20-107)

20-8 Identification Of Lots And Grave Sites

Original source

The city will not be responsible for locating a grave site in a plot where interment is desired and directed by the proper owner of the lot or any person having authority to authorize same as far as any mistake occurring for want of proper instruction as to the particular space, size, or location in a plot from any person, firm, or corporation. The city will assist the owners of lots of record insofar as it may be practicable to do so in order to ensure that any undue hardship or other inconveniences to family or friends of the deceased may be eliminated.

(Code 1972, § 12-508; Code 1995, § 20-108)

20-9 Compliance With Chapter

Original source

All lot owners will be furnished a copy of this chapter upon request or at the time of purchase of a lot. It is expressed that the owners of lots of record prior to the adoption of the ordinance from which the provisions in this chapter are derived are subject to the terms and provisions hereof upon its final passage by the city council.

(Code 1972, § 12-509; Code 1995, § 20-109)

20-10 Uses

Original source

The lots are set apart and dedicated as burial places for the remains of human beings only and for no other burials thereon and shall be maintained by the city.

(Code 1972, § 12-510; Code 1995, § 20-110)

20-11 Producers And Retail Dealers Of Monumental Materials

Original source

Producers and retail dealers of monumental materials shall not be permitted to erect any stone or do any work in a city cemetery until they have submitted satisfactory evidence of their ability to perform the work and have filed and posted a good and sufficient bond in the sum of $2,000.00 with the city manager, which bond shall be conditioned that the principal thereof shall conform and comply with the regulations as established by the city manager.

(Code 1972, § 12-511; Code 1995, § 20-111)

20-12 Administration And Management

Original source

(Code 1972, § 12-512; Code 1995, § 20-112)

20-13 Irrevocable Trust Agreement Authorized

Original source

The mayor and city manager are authorized to enter into and execute an irrevocable trust agreement with any trustee qualified to act as fiduciary in the state, as approved by the city council, for the purpose of maintaining the funds of the city cemeteries.

(Code 1972, § 12-513; Code 1995, § 20-113; Ord. No. 917, 4-20-2004)

TITLE 21 PARKS AND RECREATION

Original source




CHAPTER 21-I PARKS AND RECREATION IN GENERAL

Original source




21-1 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the director of parks and recreation, the person immediately in charge of all park area and its activities, and to whom all park employees in such area are responsible.

Park means all city-owned parks, including any facilities or improvements.

Vehicle means any wheeled conveyance, whether or not motor-powered, animal-drawn, or self-propelled. The term "vehicle" shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the city parks.

(Code 1972, § 12-701; Code 1995, § 20-301)

21-2 Parks And Recreation Department

Original source

(Code 1972, §§ 1-1201—1-1203; Code 1995, §§ 20-201—20-203; Ord. No. 917, 4-20-2004)

CHAPTER 21-II USE REGULATIONS

Original source













21-23 Persons Invited To Use City Parks; Park Hours

Original source

(Code 1972, § 12-702; Code 1995, § 20-302)

21-24 Unlawful Activities Generally

Original source

It is unlawful and constitutes a civil offense for any person within city parks to:

(Code 1972, § 12-703; Code 1995, § 20-303)

21-25 Sanitation

Original source

It is unlawful for any person within city parks to:

(Code 1972, § 12-704; Code 1995, § 20-304)

21-26 Traffic

Original source

It is unlawful for any person within the parks to:

(Code 1972, § 12-705; Code 1995, § 20-305)

21-27 Recreational Activities

Original source

It is unlawful for any person within the city park to:

(Code 1972, § 12-706; Code 1995, § 20-306; Ord. No. 883, 10-16-2001)

21-28 Certain Behavior Declared Unlawful

Original source

It is unlawful for any person within the city park to:

(Code 1972, § 12-707; Code 1995, § 20-307; Ord. No. 780, 8-17-1993; Ord. No. 890, 1-15-2002)

21-29 Merchandising, Advertising And Signs

Original source

No person in a city park shall:

(Code 1972, § 12-708; Code 1995, § 20-308)

21-30 Park Operating Policy

Original source

(Code 1972, § 12-709; Code 1995, § 20-309)

21-31 Enforcement

Original source

(Code 1972, § 12-710; Code 1995, § 20-310; Ord. No. 890, 1-15-2002)

21-32 Additional Rules And Regulations

Original source

The director shall have the authority to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter and to ensure an impartial, fair and safe use and enjoyment of city parks by those persons lawfully using the parks. The director shall have the authority to schedule the use of tennis courts and ball fields under this section. Regulations pertaining to specific activities shall be displayed in a prominent and public location at the point of the activity controlled. Rules and regulations pertaining to the parks as a whole shall be publicly and prominently displayed at each entrance to city parks. Rules and regulations adopted in accordance with this section shall have the same force and effect as if copied herein verbatim.

(Code 1972, § 12-711; Code 1995, § 20-311)

21-33 Liability For Injuries Or Damages

Original source

All persons using the parks will do so at their own risk. The city will not be liable for any injuries or damages sustained by persons using the parks.

(Code 1972, § 12-712; Code 1995, § 20-312)

TITLE 22 CITY TREES AND OTHER VEGETATION

Original source




CHAPTER 22-I CITY TREES AND OTHER VEGETATION IN GENERAL

Original source



22-1 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Park trees means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

Parkway means that part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually reserved for vehicular traffic.

Street trees means trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

(Code 1972, § 12-601; Code 1995, § 20-501)

CHAPTER 22-II TREE CARE AND MAINTENANCE

Original source









22-21 Street Tree Species To Be Planted

Original source

The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city public works director or his or her designee.

Small Trees

Medium Trees

Large Trees

Flowering dogwood

Red oak (southern, northern, scarlet, pin, willow)

Cottonwood

Flowering redbud

White oak

Tulip poplar

Flowering crabapple

Sassafras

Maple (sugar)

Hawthorn (Washington, cockspur, Lavalle)

Ginkgo

Bald cypress*

Pear (Bradford, Callery)

Linden

Dawn redwood*

Japanese flowering cherry

Birch (paper, river)

Yellowwood

Amur cork tree

Japanese pagoda tree

Sweetgum

Goldenrain tree

Pine (Eastern white, Austrian, Scotch, Loblolly)

American beech

Serviceberry

White cedar

Northern catalpa

Carolina silverbell

Atlas cedar

Pecan

Russian olive

Green ash

Shagbark hickory

American hornbeam

Sawtooth oak

Southern magnolia

Smoke tree

Maple (red, Norway)

Sycamore

Kwanzan cherry

 

Hemlock

Purpleleaf plum

 

Spruce (Norway, blue)

American holly

 

Fir (white, Douglas)

American arborvitae

  

Junipers

  

*Denotes evergreen trees that lose needles in the fall.

(Code 1972, § 12-607; Code 1995, § 20-507)

22-22 Spacing

Original source

The spacing of street trees will be in accordance with the three species size classes listed in ACC 22-21, and no trees may be planted closer together than the following:

except in special plantings designed or approved by the public works director or his or her designee.

(Code 1972, § 12-608; Code 1995, § 20-508)

22-23 Distance From Curb And Sidewalk

Original source

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in ACC 22-21, and no trees may be planted closer to any curb or sidewalk than the following:

(Code 1972, § 12-609; Code 1995, § 20-509)

22-24 Utilities

Original source

No street trees other than those species listed on small trees in ACC 22-21 may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Code 1972, § 12-610; Code 1995, § 20-510)

22-25 Public Tree Care

Original source

(Code 1972, § 12-611; Code 1995, § 20-511)

22-26 Tree Topping

Original source

It is unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. The term "topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter. The Athens Utilities Board and its designated representative in tree topping shall be exempt from this section.

(Code 1972, § 12-612; Code 1995, § 20-512)

22-27 Removal Of Stumps

Original source

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(Code 1972, § 12-615; Code 1995, § 20-515)

TITLE 23 HUMAN RELATIONS AND SOCIAL WELFARE

Original source




CHAPTER 23-I HUMAN RELATIONS AND SOCIAL WELFARE IN GENERAL (RESERVED)

Original source


CHAPTER 23-II FAIR HOUSING

Original source




23-19 State Law Enforced

Original source

The city complies with and enforces T.C.A. § 4-21-601 et seq. (fair housing).

23-20 Conspiracy To Violate Chapter Unlawful

Original source

It is unlawful practice for a person, or for two or more persons to conspire:

(Code 1972, § 4-712; Code 1995, § 20-612)

TITLE 24 EMERGENCY MANAGEMENT AND SERVICES

Original source




CHAPTER 24-I EMERGENCY MANAGEMENT AND SERVICES IN GENERAL (RESERVED)

Original source


CHAPTER 24-II LOCAL EMERGENCIES

Original source









24-19 Definitions

Original source

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Civil emergency means:

Curfew means a prohibition against any person walking, running, loitering, standing, or motoring upon any alley, street, highway, public property, or vacant premises within the corporate limits of the city, except persons officially designated to duty with reference to the civil emergency or those lawfully on the streets as defined hereinafter.

(Code 1972, § 1-1301; Code 1995, § 20-401)

24-20 Proclamation Of Civil Emergency

Original source

When, in the judgment of the mayor or, in his absence from the city, the vice-mayor, a civil emergency as defined in ACC 24-19 is deemed to exist, he shall forthwith proclaim in writing the existence of same, a copy of which proclamation will be filed with the city manager or finance director.

(Code 1972, § 1-1302; Code 1995, § 20-402)

24-21 Curfew Authorized

Original source

After proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographic areas of the city or to the city as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. The proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the mayor, but not to exceed 15 days.

(Code 1972, § 1-1303; Code 1995, § 20-403)

24-22 Powers Of Mayor During Civil Emergency

Original source

After the proclamation of a civil emergency, the mayor may, at his discretion, in the interest of public safety and welfare, make any of the following orders:

(Code 1972, § 1-1304; Code 1995, § 20-404)

24-23 Violations

Original source

Any person violating the provisions of this chapter or any executive order issued pursuant hereto shall be guilty of a civil offense and shall be punishable under ACC 1-13.

(Code 1972, § 1-1305; Code 1995, § 20-405)

24-24 No Intent To Limit Peaceful Demonstrations, Freedom Of Speech, Etc.

Original source

It is the intent of the city council not to limit peaceful demonstrations, freedom of speech, or the lawful use of the streets, alleys, and public property, except to the extent necessary to avert or control a civil emergency.

(Code 1972, § 1-1306; Code 1995, § 20-406)

24-25 Exceptions To Curfew

Original source

Any curfew, as defined in ACC 24-19, shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the chief of police, which permission shall be granted on good cause shown. This curfew also shall not apply to medical personnel in the performance of their duties.

(Code 1972, § 1-1307; Code 1995, § 20-407)