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.
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."
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) Applicability. These rules of construction shall not apply to any provision of this Code which shall contain any express provision excluding that construction or when the subject matter or context of this Code may be repugnant thereto.
(2) Agent or employee. When the Code requires an act to be done, which act may legally be done by an agent or employee as well as by the principal, such requirement shall be satisfied by the performance of such act by an authorized agent or employee.
(3) Construction of words and phrases. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative or judicial definition or otherwise, shall be construed accordingly.
(4) Delegation of authority. When a provision appears requiring the head of a department or some other city officer to do some act or make certain inspections, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.
(5) Illustrations, tables and other graphic representations. In case of any difference of meaning or implication between the text of any section of this Code and any caption, illustration, or table, the text shall control. No caption, illustration, table or other graphic representation shall be construed to limit the scope or intent of the text of any section of this Code.
(6) Joint authority. Words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving authority to a majority of the officers or persons.
(7) Liberal construction. All general provisions, terms, phrases, and expressions shall be liberally construed in order that the true intent and meaning of the mayor and the city council may be fully carried out.
(8) Minimum requirements. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare.
(9) Officers, departments, etc.; designees. Officers, departments, boards, commissions, committees and employees referred to in this Code shall mean officers, departments, boards, commissions, committees and employees of the city, unless the context clearly indicates otherwise.
(10) References to public offices and officers. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. The references shall also include the designee or agent of any such officer or office, unless the law or the context clearly requires otherwise.
(11) Principals and agents. When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all such acts when done by an authorized agent.
(12) Publication edition or version. When in this Code a compilation of law or other publication is referred to, including this Code, or is adopted by reference, the citation shall be deemed to refer to the most current edition or version of such publication, as amended, unless this Code specifically otherwise provides.
(13) Singular and plural; gender; tense and certain conjunctions. As used in this Code, unless the context otherwise requires, the following rules will be followed:
(a) The singular shall include the plural, and the plural shall include the singular.
(b) Words of gender include all genders.
(c) Words in the present tense shall include the future.
(d) "And" may be read "or," and "or" may be read "and," if the context requires.
(14) Time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the state, and then it shall also be excluded. If the day succeeding Saturday, Sunday, or a holiday is also a holiday or a Saturday or Sunday, then the succeeding day shall also be excluded.
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.
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
(1) The catchlines of the several sections of this Code printed in italic type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.
(2) The history or source notes appearing in parentheses after sections in this Code have no legal effect and only indicate legislative history. Editor's notes, state law references and similar references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.
(3) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code.
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.
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
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
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.
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.
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) Annexing property.
(2) Deannexing property or excluding property.
(3) Providing for salaries or other employee benefits not codified in this Code.
(4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
(5) Authorizing or approving any contract, deed, or agreement.
(6) Making or approving any appropriation or budget.
(7) Granting any right or franchise.
(8) Vacating any easement or parkland.
(9) Adopting or amending the comprehensive plan.
(10) Levying or imposing any special assessment.
(11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street.
(12) Establishing the grade of any street or sidewalk.
(13) Dedicating, accepting or vacating any plat or subdivision.
(14) Levying, imposing or otherwise relating to taxes not codified in this Code.
(15) Establishing traffic regulations for specific locations not codified in this Code.
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.
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:
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.
(1) The Mayor shall receive compensation in the amount of Six Hundred Dollars ($600.00) per month for service as Mayor.
(2) Each Councilmember shall receive compensation in the amount of Five Hundred Dollars ($500.00) per month for service as a member of the City Council.
(3) The compensation established by this section shall be paid in accordance with the City's regular payroll procedures and shall be subject to all applicable federal and state withholding, reporting, and tax requirements.
(4) Pursuant to Article V, Section 4 of the Charter of the City of Athens, no change in compensation shall become effective during the term for which the Mayor or any Councilmember was elected. Therefore, the compensation established by this section shall apply only upon the commencement of a new term of office for the Mayor or an individual Councilmember. Accordingly, the compensation established herein shall first apply to the three Councilmembers elected in the November 2026 municipal election upon taking office. The compensation established herein shall not apply to the remainder of the terms of office for the two Councilmembers whose terms expire in 2028, but shall apply to the Councilmembers elected in the 2028 election."
(5) Reimbursement of actual and necessary expenses incurred in the performance of official duties, when authorized by law, ordinance, policy, or approved budget appropriation, shall not be considered compensation for purposes of this section.
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.
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.
The maximum expenditure which the city manager may make without specific authorization of the city council is the state maximum allowed without competitive bidding.
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.
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.
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.
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.
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.
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.
The city attorney shall act as legal advisor to, and attorney and counsel for, the city and all its officers in matters relating to their official duties.
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.
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.
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.
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.
(1) This chapter encompasses ethics regulations applicable to personnel of the municipality. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the municipality. The terms "municipal" and "municipality" include these separate entities.
(2) State statutes dictate or relate to ethics provisions applicable to municipal officials and employees, including, but not limited to, the following:
(a) Campaign finance: T.C.A. § 2-10-101 et seq.
(b) Conflicts of interest: T.C.A. §§ 6-54-107, 6-54-108, 12-4-101, and 12-4-102.
(c) Conflicts of interest disclosure statements: T.C.A. § 8-50-501 et seq.
(d) Consulting fee prohibition for elected municipal officials: T.C.A. §§ 2-10-122 and 2-10-124.
(e) Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): T.C.A. § 39-16-101 et seq.
(f) Crimes of official misconduct, official oppression, misuse of official information: T.C.A. § 39-16-401 et seq.
For purposes of ACC 1-179 and ACC 1-180, the term "personal interest" means:
(1) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or
(2) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or
(3) Any such financial, ownership, or employment interest of the official's or employee's spouse, parents, stepparents, grandparents, siblings, children, or stepchildren.
(4) The term "employment interest" includes a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.
(5) In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter.
(Code 1995, § 1-502; Ord. No. 956, 6-19-2007)
1-179 Disclosure Of Personal Interest--By Official With Vote
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
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.
(1) An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the municipality:
(a) For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or
(b) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business.
(2) The following are not deemed to be a prohibition against accepting any money, gift, gratuity, or other consideration or favor of any kind:
(a) Any gift, excluding money, intended for all department heads, all members of the city council, or all members of any committee or board appointed by city council at or near a holiday given for a non-business purpose and motivated by the holiday season;
(b) Any unsolicited token or award of appreciation in recognition of public service in the form of a plaque, trophy, desk item, or other similar item, provided that any such item shall not be in a form that can be readily converted to cash;
(c) Informational materials in the form of books, articles, periodicals, other written materials, audio tapes, video tapes or other forms of communication;
(d) Gifts that are given for a non-business purpose and motivated by a close personal friendship;
(e) Sample merchandise, promotional items, and appreciation tokens if such merchandise items and tokens are routinely given to customers, suppliers, or potential customers, or suppliers in the ordinary course of business, the value of which to the official or employee does not exceed $50.00 per occasion or accumulative value of more than $100.00 to the official or employee during a calendar year from the same person or business entity; and
(f) Food, refreshments, meals, or beverages, the value of which to the official or employee does not exceed $50.00 per occasion or accumulative value of more than $100.00 to the official or employee during a calendar year from the same person or business entity.
(1) An official or employee may not disclose any information obtained in his official capacity or position of employment that is made confidential under state or federal law except as authorized by law.
(2) An official or employee may not use or disclose information obtained in his official capacity or position of employment with the intent to result in financial gain for himself or any other person or entity.
(1) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself.
(2) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the city council to be in the best interests of the municipality.
(1) An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the municipality.
(2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for himself or others that is not authorized by the Charter, general law, or ordinance or policy of the municipality.
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.
(1) The city attorney is designated as the ethics officer of the municipality. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion based upon this chapter and other applicable law.
(2) Except as otherwise provided in this section, the city attorney shall investigate any credible complaint against an appointed official or employee charging any violation of this chapter or may undertake an investigation on his own initiative when he acquires information indicating a possible violation and make recommendations for action to end or seek retribution for any activity that, in the attorney's judgment, constitutes a violation of this chapter.
(3) The city attorney may request the city council to hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interest in a particular matter.
(4) When a complaint of a violation of any provision of this chapter is lodged against a member of the city council, the city council shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the city council determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the city council.
(5) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this chapter.
(6) When a violation of this chapter also constitutes a violation of a personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this chapter.
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.
(1) Appointment. The city judge designated by the Charter to handle judicial matters within the city shall be appointed by and shall serve at the pleasure of the city council.
(2) Vacancies in office. Vacancies in the office of the city judge arising from resignation, disqualification, or other reason shall be filled in the same manner as prescribed for the appointment of a city judge.
(3) Qualifications. The city judge shall be licensed to practice law in the state and shall be a resident of the county. Removal of the judge's domicile from the county shall remove him or her from office and create an immediate vacancy in the office of city judge.
(4) Judge pro tem. During the absence of the city judge from his duties or the office of the city judge is vacant, the city council may appoint a city judge pro tem to serve until the city judge returns to his duties or the office of city judge is no longer vacant. The city judge pro tem shall have all the required qualifications and shall have all the powers of the city judge.
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.
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.
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.
(1) All penalties and costs shall be imposed by the city judge and recorded by the court clerk on the city court clerk docket in open court.
(2) In all cases heard and determined by the city judge, the city judge shall impose court costs in the amount of one hundred twenty dollars ($120.00). From the court costs, two dollars ($2.00) shall be forwarded by the court clerk to the state treasurer to be used by the administrative office of the courts for training and continuing education courses for municipal court judges and municipal court clerks in accordance with Tennessee Code Annotated § 16-18-304.
(3) Defendants who are designated to appear in court and fail to do so shall be imposed an additional court cost of twenty dollars ($20.00).
(4) A state privilege tax on litigation of thirteen dollars and seventy-five cents ($13.75) shall be imposed in accordance with Tennessee Code Annotated § 16-18-305(a). This tax shall be collected by the municipal court clerk, remitted to the State Department of Revenue, and included in the total court costs.
(a) When a defendant pays fines and costs before appearing in court this payment is treated as a "cash bond." If the defendant fails to appear, the bond is forfeited. In such cases, instead of the standard litigation tax, a "Cash Bond Forfeiture Fee" of $13.75 is collected. This fee is reported separately to the Tennessee Department of Revenue and is distinct from the litigation tax.
(b) If a defendant appears in court and is found guilty the standard litigation tax of $13.75 is imposed. This tax is collected by the court clerk and remitted to the Tennessee Department of Revenue.
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.
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.
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.
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.
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.
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.
(1) Appeal bond. An appeal bond in any case shall be $250.00 for such person's appearance and the faithful prosecution of the appeal.
(2) Oath and affidavit of indigency. A bond is not required, provided the defendant/appellant files an oath of poverty with an accompanying affidavit of indigency. The affidavit of indigency must be sworn to by the defendant/appellant and the facts therein may be investigated.
(3) Form of oath. The oath shall be as follows:
"I, [Name], do solemnly swear under penalties of perjury that, owing to my poverty, I am unable to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief."
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.
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.
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.
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.
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.
(1) Purpose. The purpose of this section is to bring the city into compliance with T.C.A. §§ 6-54-901 through 6-54-907, which requires the city to adopt travel and expense regulations covering expenses incurred by the mayor, members of the city council, and any city board or committee member elected or appointed by the mayor or city council, and any city official or employee whose salary is set by city Charter or general law.
(2) Intent. It is the intent of this section to ensure fair and equitable treatment to all individuals traveling on city business at city expense. To provide consistent travel regulations and reimbursement, this section is expanded to cover regular city employees.
(3) Policy. The travel policy of the city is as set forth in Resolution No. 2000-05 (Travel Policy effective date 2-1-2000) and any amendments thereto, which are on file in the office of the recorder.
(4) Enforcement. The city's chief administrative officer or his or her designee shall be responsible for the enforcement of this section and the travel regulations adopted hereunder.
ARTICLE 4-II-2 OCCUPATIONAL SAFETY AND HEALTH PROGRAM
The city, in electing to update its established program plan, will maintain an effective occupational safety and health program for its employees and shall:
(1) Provide a safe and healthful place and condition of employment that includes:
(a) Top management commitment and employee involvement;
(b) Continual analysis of the worksite to identify all hazards and potential hazards;
(c) Development and maintenance of methods for preventing or controlling existing or potential hazards; and
(d) Training for managers, supervisors, and employees to understand and deal with worksite hazards.
(2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees.
(3) Make, keep, preserve, and make available to the state commissioner of labor and workforce development, his designated representatives, or persons within the state department of labor and workforce development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required.
(4) Consult with the state commissioner of labor and workforce development with regard to the adequacy of the form and content of records.
(5) Consult with the state commissioner of labor and workforce development, as appropriate, regarding safety and health problems which are under a standard promulgated by the state.
(6) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this program, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health.
(7) Provide for education and training of personnel for the fair and efficient administration of occupational safety and health standards and provide for education and notification of all employees of the existence of this program.
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.
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.
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.
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.
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.
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.
(1) Levied. The taxes provided for in the Business Tax Act, T.C.A. § 67-4-701 et seq., are enacted, ordained, and levied on the businesses, business activities, vocations, and occupations carried on in the city, at the rates and in the manner prescribed by said act.
(2) License required. No person shall exercise any taxed privilege within the city without a currently effective privilege license, which shall be issued by the director of finance to each applicant therefor upon the applicant's payment of the appropriate privilege tax.
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.).
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.
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.
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.
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.
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.
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.
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.
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.
(1) The privilege tax shall be added by the operator to each invoice prepared by the operator for the occupancy of the hotel and given directly or transmitted to the transient. Such tax shall be collected by such operator from the transient and remitted to the city, or, if the occupancy was secured through a short-term rental unit marketplace, remitted to the state pursuant to T.C.A. title 67, ch. 4, pt. 15.
(2) When a person has maintained occupancy for 30 continuous days, the person shall receive from the operator a refund or credit for the tax previously collected from or charged to said person, and the operator shall receive credit, in the form of a deduction on the monthly tax return, for the amount of the tax if previously remitted to the city.
(1) The tax levied shall be remitted by all operators who lease, rent or charge for any rooms, lodgings, or accommodations in hotels within the city to the finance director, such tax to be remitted not later than the 20th day of each month for the preceding month. The operator is required to collect the tax from the transient at the time of the presentation of the invoice for such occupancy whether prior to occupancy or after occupancy as may be the custom of the operator, and if credit is granted by the operator to the transient, then the obligation to the city for the tax shall be that of the operator.
(2) Any operator who is liable for the tax imposed under this article may round off all figures used on the tax return to the nearest dollar amount.
(3) For the purpose of compensating the operator for remitting the tax levied by this article, the operator shall be allowed to deduct two percent of the amount of the tax due and remitted to the finance director in the form of a deduction in submitting the report and paying the amount due by such operator, provided the amount due was not delinquent at the time of payment.
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.
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.
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.
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.
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.
(1) Upon any claim of illegal assessment and collection, the taxpayer has the remedies provided in T.C.A. title 67, ch. 23, it being the intent of this article that the provision of law which apply to the recovery of state taxes illegally assessed and collected shall also apply to the tax levied under the authority of this article. The finance director shall also possess those powers and duties as provided in T.C.A. § 67-1-707 for the county clerks with respect to the adjustment and refunds of such tax.
(2) With respect to the adjustment and settlement with taxpayers, all errors of taxes collected by him under authority of this article shall be refunded by the city. The finance director shall have the authority to direct the refunding of same. Notice of any tax paid under protest shall be given to the finance director and any suit brought for recovery of tax paid under protest shall name the finance director.
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.
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.
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.
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.
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:
(1) When he is in possession of a warrant for the arrest of the person.
(2) When a civil offense is committed or a breach of the peace is threatened in the officer's presence by the person.
(3) When a felony has in fact been committed and the officer has reasonable cause to believe the person has committed it.
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.
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
(1) No person shall be considered a member of the police reserve force until he has been duly appointed by the chief, registered on a roster kept by the chief, and until he has taken the oath provided for officers of the city police department and has been provided by the city with the bond provided for by law.
(2) Persons eligible for new membership shall be no less than 21 years of age and shall be citizens of the United States, residents of the county, and of excellent character and reputation. They shall be in excellent physical condition, mentally stable, and suffer from no ailment or disability which would limit or prevent their engaging in strenuous exercise or the use of firearms.
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.
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
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.
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.
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.
(1) Members of the police reserve force shall be authorized, while on official duty as members of said reserve, to carry firearms in accordance with the provisions of T.C.A. § 39-17-1350 and as prescribed by the rules and regulations as set forth by the chief.
(2) Members of the police reserve force, while on official duty as members thereof, shall have the same arrest powers as regular officers of the city police department.
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.
(1) Fire District No. 1 shall be and include all the areas within the corporate limits which are zoned for general business.
(2) Fire District No. 2 shall be and include all areas within the corporate limits not zoned for general business.
(3) Elsewhere in this Code or the codes adopted by reference, when the fire limits are referred to, it shall be deemed to be a reference to Fire District No. 1.
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.
(1) The fire chief may recommend to the city council variances from the provisions of the fire code upon application in writing by any property owner or lessee, or the duly authorized agent of either, when there are practical difficulties in the way of carrying out the strict letter of the fire code, provided that the spirit of the fire code shall be observed, public safety secured, and substantial justice done. The particulars of such variances when granted or allowed shall be contained in a resolution of the city council.
(2) The fire code adopted in ACC 7-21 is modified by requiring automatic sprinkler systems in future commercial, industrial, and residential occupancies having a gross floor area of 10,000 square feet or greater and requiring an automatic sprinkler system in hazards production material (HPM) facilities as defined by the adopted building code. All automatic sprinkler systems shall be designed by a licensed engineer or architect and shall conform to NFPA 13 requirements and to the building code sprinkler requirements. The sprinkler requirements shall be made a part of the plans and specifications submitted for approval and shall be installed by a state licensed automatic sprinkler system contractor. The city will not require sprinklers in one- and two-family residences with less than 10,000 gross square feet. Sprinklers will be required in three-unit townhouses with 5,000 gross square feet or more and townhouses built with four or more units regardless of square footage.
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.
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.
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.
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.
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.
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
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.
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
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.
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.
(1) The manufacture of fireworks is prohibited within the city.
(2) Except as hereinafter provided, it is unlawful for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks, provided that the fire chief shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the chiefs of the police and fire departments of the city and shall be of such a character and so located, discharged or fired as, in the opinion of the fire chief, after proper inspection, shall not be hazardous to property or persons.
(3) Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
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.
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.
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.
(1) Generally. Except as authorized by applicable laws or ordinances, it is unlawful for any person or legal entity, regardless of its form of existence (i.e., corporation, limited liability company, partnership, etc.), to manufacture, receive, possess, store, transport, sell, furnish, or solicit orders for any intoxicating liquor within the city.
(2) Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Intoxicating liquor includes whiskey, wine, home brew, moonshine, and all other intoxicating, spirituous, vinous, or malt liquors and beers which contain more than (8%) eight percent of alcohol by weight pursuant to T.C.A. § 57-5-101.
Minor means any person who has not attained 18 years of age, except that within this title which addresses, deals with, or relates to any form of alcoholic beverage, whether beer, liquor, wine, or otherwise, the term "minor" means any person who has not attained 21 years of age.
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
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
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.
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.
(1) Each licensee must furnish the chief of police with a list of the name, date of birth, and social security number of all persons to be employed in the place where alcoholic beverages are to be sold and must inform the chief of police within 72 hours of employment as to the name, 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" shall be defined in this chapter as any person engaged in the operations of the business on a regular basis or who receives compensation from the business.
(2) Licensees shall be deemed responsible for the actions of all employees or agents in regard to state and local legislation related to alcoholic beverages, 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 licensee to pick up copies of any new legislation regulating the sale of alcoholic beverages. 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, § 8-106; Ord. No. 873, 1-16-2001)
8-8 Unregulated And Unlicensed Possession And Consumption Of Beer And Alcoholic Beverages
This section shall make the unregulated and unlicensed possession and consumption of beer and alcoholic beverages in a business in the city unlawful.
(1) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Alcoholic beverages means alcohol, spirits, liquor, wine and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being other than patent medicine or beer where the latter contains an alcoholic content of (5%) five percent or less by weight.
Beer means all beers, ales, and other malt liquors having an alcoholic content of not more than (5%) five percent by weight.
Hotel means, as defined in T.C.A. § 67-4-1401, any structure or space, or any portion thereof, which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin, motel or any place in which rooms, lodgings or accommodations are furnished to transients for a consideration.
Open container means a container which has any opening through which its contents may pass in order to be consumed by any person.
(2) It is unlawful for any person to consume beer or an alcoholic beverage not lawfully sold by the business on the premises of any business open for business in the city.
(3) It is unlawful for any person to possess an open container of beer or an alcoholic beverage not lawfully sold by the business on the premises of any business open for business.
(4) It is unlawful for any owner of a business open for business in the city, or the owner's agent or employee, knowingly or intentionally to permit any person to possess an open alcoholic container of beer or an alcoholic beverage not lawfully sold by the business or to consume beer or an alcoholic beverage not lawfully sold by the business on the premises of any business. For the purposes of this section, notice to an agent or employee of a business shall constitute notice to the owner of the business.
(5) This section does not prohibit the sale of beer or alcoholic beverages by any business which possesses a valid beer permit or alcoholic beverage license during such hours authorized by the laws of the state and the ordinances of the city nor does this section prohibit any other conduct permitted under the laws of the state or the ordinances of the city. This section does not prohibit the owner of a business who resides on the premises of the business from consuming beer or alcoholic beverages at any time on the premises or from possessing an open container of beer or alcoholic beverage at any time on the premises. This section does not prohibit the consumption of beer or alcoholic beverages or the possession of an open container of beer or alcoholic beverages by any person within the confines of the person's individual room in any hotel within the city.
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
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
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
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
(1) It is unlawful for any person to operate or maintain a liquor store for the retail sale of alcoholic beverages in the city unless at a location approved by city council. All such stores shall only be located within a B-2 or B-3 business district.
(2) Moreover, in no event shall such store be located within 500 feet of any building used as a school or church. The minimum distance requirement from a church shall only be applicable provided a church service is held at the church premises at least on one day of each week.
(3) The minimum distance requirement from a school shall only relate to any public school operated by the city or county or a private school, provided such school is licensed and accredited by the state to provide and is providing a kindergarten, elementary, or secondary education to students at the premises.
(4) Excepting any existing buildings currently subject to previous requirements, the minimum distance requirement in this section from certain buildings shall be measured in a straight line between the middle of the main entrance of the building proposed to sell alcoholic beverages and the front door of the building from which there must be a minimum distance.
(5) The minimum distance requirement in this section from certain buildings shall not be applicable with respect to the building of a local liquor store privilege licensee located within the downtown business district, which is defined as that area within the interior of the boundaries of Baxter Street, College Street, Hill Street, and Park Street. No liquor store shall be located where the operation of a liquor store at the premises contemplated by an application would unreasonably interfere with public health, safety, or morals.
(1) No liquor store shall be located within a manufactured building as defined in ACC 8-35. All liquor stores shall be located within a newly constructed building or within an existing building to be renovated or refurbished. The plans for any new building or for the renovation or refurbishing of an existing building must be approved by the city community development office and the city council.
(2) The front of the building must have a brick facade.
(3) All liquor stores shall have night light surrounding the outside of the premises and shall be equipped with a functioning burglar alarm system on the inside of the premises.
(4) The liquor store display area shall be at least 1,800 square feet, except for stores in the downtown business district as defined in ACC 8-39, which shall have a display area at least 900 square feet.
(5) Full, free and unobstructed vision shall be afforded to and from the street, public highway or parking lot to the interior of the liquor store by way of large windows in the front and to the extent practical to the sides of the building containing the liquor store.
(6) No liquor store shall be located except on the ground floor of the building, and it shall have one main entrance opening on a public street, and such place of business shall have no other entrance for use by the public. All liquor stores shall be subject to applicable zoning, land use, building and safety regulations, as adopted within this Code, unless specifically stated otherwise herein.
(Ord. No. 1035, § 1(8-206), 3-17-2015)
HISTORY Adopted by Ord. 1035 was 8-206 on 3/17/2015
(1) Certain devices and non-employee seating forbidden. No pool tables, televisions for viewing by customers, pinball machines, arcade gaming devices, including video games, jukeboxes or similar devices shall be permitted in any liquor store. No seating facilities, other than for employees of the liquor store, shall be permitted in any liquor store.
(2) Time and days of operation. No liquor store shall sell or give away any alcoholic beverage between 11:00 p.m. on Saturday and 8:00 a.m. on Monday of each week (no Sunday sales). No liquor store shall sell, give away, or otherwise dispense alcoholic beverages except between the hours of 8:00 a.m. and 11:00 p.m. on Monday through Saturday. The store may not be open to the general public except during regular business hours. No liquor store shall be open for business on Thanksgiving Day, Christmas Day, New Year's Day, Labor Day, or the Fourth of July.
(3) Selling or furnishing to persons below the age of 21 years, etc. It is unlawful for any licensee to sell, furnish or give away any alcoholic beverage to a person below the age of 21 years, to a person visibly intoxicated, or to any person accompanied by a person who is visibly intoxicated. It is unlawful for any person under the age of 21 years or a person who is visibly intoxicated to enter or remain in a liquor store or to loiter in the immediate vicinity of a liquor store. Employees with appropriate employee permits issued pursuant to state law who are age 18 years and older are permitted in a liquor store for the purpose of engaging in paid employment only. It is unlawful for a person below the age of 21 years to misrepresent his or her age in an attempt to gain admission to a liquor store or in an attempt to buy any alcoholic beverage from a licensee. Any person selling alcoholic beverages within the city shall be required to have produced to the person selling the alcoholic beverages a facially valid government-issued identification showing that the age of the prospective purchaser of the alcoholic beverage is 21 years of age or older. If such identification is not produced by the prospective purchaser, the alcoholic beverage shall not be sold. Such identification shall be required prior to the sale of alcoholic beverages, regardless of the apparent age of the prospective purchaser.
(4) Consumption on premises of liquor store. It is unlawful for any licensee to sell any alcoholic beverage for consumption in such licensee's liquor store or on the premises used by the licensee in connection therewith. It is unlawful for any person who is not an employee of the liquor store to consume any alcoholic beverage in the liquor store or in the immediate vicinity of the liquor store. Any consumption of an alcoholic beverage by an employee shall be limited solely to the circumstances permitted and set forth in the rules of the state alcoholic beverage commission and any applicable federal law.
(5) Advertising. There shall be no advertising signs of any kind whatsoever outside the building containing a liquor store, either for the liquor store or to advertise any matter pertaining to alcoholic beverages sold at liquor stores, except as set forth herein. There may be placed on the front of a liquor store, but not extending therefrom over 12 inches, a sign setting out the name of the liquor store. Such sign shall not exceed 20 square feet in dimension. No such sign shall contain letters of neon or tube lighting so as to produce lighting within letters. No reader board or changeable copy signs shall be permitted. One freestanding sign shall be allowed on the premises not to exceed 144 square feet. No off-premises signs related to a liquor store shall be allowed within the city. No banner or temporary or permanent sign or other material shall be placed on or inside a liquor store so that it obstructs free and clear vision of the interior of the liquor store from outside of the liquor store. The foregoing notwithstanding, one banner advertising the grand opening of the liquor store shall be permitted for up to two weeks when a liquor store is first opened for business, provided a sign permit for such banner is obtained from the city. In addition, all liquor store signage shall be subject to applicable zoning, building, and safety regulations, as adopted within this Code, unless specifically stated otherwise herein.
(6) Off-premises business. All retail sales of alcoholic beverages shall be confined to the premises of the liquor store. No curb service is permitted, nor shall drive-in window service be permitted. A licensee shall not deliver or cause to be delivered any alcoholic beverage from the store premises to the residence or place of business of a consumer. No licensee shall employ any canvasser, agent, solicitor or other representative for the purpose of receiving an order from a consumer for any alcoholic beverages at the residence or place of business of such consumer nor shall any such licensee receive or accept any such order which shall have been solicited and received at the residence or place of business of such consumer. This subsection shall not be construed as to prohibit the solicitation by a state licensed wholesaler of any order from any licensed retailer at the licensed premises.
(Ord. No. 1035, § 1(8-207), 3-17-2015)
HISTORY Adopted by Ord. 1035 was 8-207 on 3/17/2015
(1) Inspection fee. Pursuant to T.C.A. § 57-3-501, there is levied on each licensee an inspection fee of eight percent on the wholesale price of any alcoholic beverages acquired by the licensee from any wholesaler or any other source. In the event the population of the county exceeds 60,000 according to any subsequent federal census, the inspection fee shall be reduced to five percent on the wholesale price of any alcoholic beverages acquired by the licensee from any wholesaler or any other source. In the event of any subsequent amendments of T.C.A. § 57-3-501, the inspection fee shall be the maximum allowed by T.C.A. § 57-3-501.
(2) Collection. Collection of such inspection fee shall be made by the wholesaler or other source vending to the licensee from the licensee at the time the sale is made to the licensee or at the time the retailer makes payment for the delivery of the alcoholic beverages. The licensee shall create and maintain all records specified in the state rules and regulations related to the purchase and sale of alcoholic beverages and preserve these records for a period of at least 15 months unless the city manager gives the licensee written permission to dispose of such records at an earlier time. In the event of co-licensees holding a single license, one set of records per liquor store satisfies the requirements of this subsection.
(3) Reports. The city manager shall prepare and make available to each wholesaler and other source vending alcoholic beverages to licensees sufficient forms for the monthly report of inspection fees payable by such licensee making purchase from such wholesaler or other source. Each wholesaler making sales to licensees located within the city shall furnish the city a report monthly, which report shall contain a list of the alcoholic beverages sold to each retailer located within the city, the wholesale price of the alcoholic beverages sold to each licensee, the amount of tax due, and such other information as may be required by the city. The monthly report shall be furnished the city not later than the 20th of the month following which the sales were made. The inspection fees collected by the wholesaler from the licensee shall be paid to the city at the time the monthly report is made. Wholesalers collecting and remitting the inspection fee to the city shall be entitled to reimbursement for this collection service a sum equal to five percent of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report to the city. Failure to collect or timely report and/or pay the inspection fee collected shall result in a civil penalty of ten percent of the fee due the city, which shall be payable to the city. The city shall have the authority to audit the records of wholesalers reporting to it in order to determine the accuracy of such reports. The city shall have the authority to audit the records of the licensee in order to determine the accuracy of such reports related to the inspection fees. Nothing herein shall relieve the licensee of the obligation of payment of the inspection fee, and it shall be the licensee's duty to see that the payment of the inspection fee for the licensee's liquor store is made to the city on or before the 20th day of each calendar month for the preceding month.
(4) Failure to pay fees. The failure of the wholesaler to pay the inspection fees and to make the required reports accurately and within the time required by this chapter may result in the suspension or revocation of the licensee's liquor store privilege license if it is determined by the city that the conduct of the licensee has resulted in the failure of the wholesaler to pay the inspection fees and to make the required reports.
(5) Use of fees. All funds derived from inspection fees imposed herein shall be used to defray expenses in connection with the enforcement of this chapter, including particularly the payment and compensation of officers, employees, and other representatives of the city in investigating and inspecting licensees and applicants and in seeing that all provisions of this chapter are observed. The city council finds and declares that the amount of these inspection fees is reasonable and that the funds expected to be derived from these inspection fees will be reasonably required for such purposes.
(Ord. No. 1035, § 1(8-208), 3-17-2015)
HISTORY Adopted by Ord. 1035 was 8-207 on 3/17/2015
(1) Required records. In addition to any records specified in the state rules and regulations, each licensee shall keep on file, at such licensee's liquor store, the following records:
(a) The original invoices of all alcoholic beverages bought by the licensee;
(b) The original receipts for any alcoholic beverages returned by such licensee to any wholesaler;
(c) A current daily record of the gross sales by such licensee with evidence of cash register receipts for each day's sales;
(d) An accurate record of all alcoholic beverages lost, damaged, or disposed of other than by sale and showing for each such transaction the date thereof, the quantity and brands of alcoholic beverages involved and the name of the person receiving the same.
(2) Duration. All such records shall be preserved for a period of at least 15 months unless the city manager gives the licensee written permission to dispose of such records at an earlier time. In the event of co-licensees holding a single license, one set of records per liquor store satisfies the requirements of this subsection.
(Ord. No. 1035, § 1(8-209), 3-17-2015)
HISTORY Adopted by Ord. 1035 was 8-209 on 3/17/2015
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
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
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
(1) Filing and content. An applicant or applicant group for a liquor store shall file with the city manager a completed written application on a form to be provided by the city manager which shall contain all of the following information and whatever additional information the city council or city manager may require:
(a) The name and street address of each person to have an interest, direct or indirect, in the liquor store as an owner, partner, stockholder or otherwise. In the event that a corporation, partnership, limited liability company or other legally recognized entity is an applicant or member of an applicant group, each person with an interest therein must be disclosed and must provide the information on the application provided by the city;
(b) The name of the liquor store proposed;
(c) A statement that the applicant has secured a location for the liquor store business which complies with all of the restrictions and conditions within this chapter and that the liquor store business is not prohibited at this location because of some other provision of this Code or state law. As a part of this statement, the applicant shall provide the address of the proposed liquor store and its zoning designation;
(d) The statement that an individual applicant either resides within and has resided within the state and the urban growth boundaries of the city for at least two years immediately prior to the time the application is filed or is a resident of the county and has been so for at least two years immediately prior to the time the application is filed and who owns at least a 50 percent interest in developable land in the city. The statement, if the applicant is an applicant group, whether a partnership, corporation, or limited liability company, that at least 51 percent of the ownership shares or interests in such partnership, corporation, or limited liability company are owned by a natural person who either resides and has resided within the state and the urban growth boundaries of the city for at least two years prior to the time the application is filed, or that at least 51 percent of the ownership shares or interests in such partnership, corporation, or limited liability company are owned by a natural person who resides within the county and has been so for at least two years immediately prior to the time the application is filed and who owns at least a 50 percent interest in developable land in the city;
(e) A statement that the persons receiving the requested license, to the best of their knowledge, if awarded the certificate of compliance, could comply with all the requirements for obtaining the required licenses under state law and the provisions of this chapter for the operation of a liquor store in the city; and
(f) The agreement of each applicant or each member of an applicant group, as appropriate, to comply with all applicable laws and ordinances and with the rules and regulations of the state alcoholic beverage commission with reference to the sale of alcoholic beverages and the agreement of each applicant or each member of an applicant group as to the validity and the reasonableness of these regulations, inspection fees, and taxes provided in this title with reference to the sale of alcoholic beverages.
(2) Further documentation. The application form shall be accompanied by a copy of each questionnaire form and other material to be filled out by the applicant or each member of the applicant group with the state alcoholic beverage commission in connection with an application for a state liquor retailer's license and, with respect to the store location and building thereon, shall be accompanied by five copies of a scale plan, drawn to a scale of not less than one inch equals 20 feet, giving the following information:
(a) The shape, size and location of the lot upon which the liquor store is to be operated under the license;
(b) The shape, size, height and location of all buildings, whether they are to be erected, altered, moved or are existing upon the lot;
(c) The off-street parking space and off-street loading and unloading space to be provided, including the vehicular access to be provided from these areas to a public street; and
(d) The identification of every parcel of land within 500 feet of the lot upon which the liquor store is to be operated indicating the ownership thereof and the location of any structures thereon and the use being made of every such parcel.
(3) Signatures. The application form shall be signed and verified by each person to have any interest in the liquor store either as an owner, partner, LLC member, stockholder or otherwise.
(4) Misrepresentation, concealment of fact and duty to amend. If any applicant, member of an applicant group, or licensee misrepresents or conceals any material fact in any application form or as to any other information required to be disclosed by this chapter, such applicant, member of an applicant group, or licensee shall be deemed to have violated the provisions of this chapter and his or her application may be disregarded or his or her license restricted or revoked as deemed appropriate by the city council. Further, no sale, transfer or gift of any interest of any nature, either financial or otherwise, in a liquor store shall be made without first obtaining a replacement license from the city upon the approval of the city council.
(5) Fee. Each application shall be accompanied by a nonrefundable $500.00 investigation fee. One application fee per applicant group is sufficient.
(Ord. No. 1035, § 1(8-213), 3-17-2015)
HISTORY Adopted by Ord. 1035 was 2-213 on 3/17/2015
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
(1) Certificates of compliance. The city council shall not issue a certificate of compliance unless the applicant has complied with all the requirements of state liquor statutes, the rules and regulations of the alcoholic beverage commission (Tenn. Comp. Rules and Regs. 0100-03), and this chapter.
(2) No violations of chapter. No certificate of compliance shall be issued unless a license issued on the basis thereof can be exercised without violating any provisions of this chapter.
(3) Prerequisites of issuance. The city manager, upon approval of city council, shall not sign any certificate of compliance for any applicant or applicant group until:
(a) An application has been filed with the city manager which complies with this chapter and a showing has been made that the applicant has met all the conditions for a certificate of compliance as stated in T.C.A. § 57-3-208;
(b) The notice required by Tenn. Comp. Rules and Regs. 0100-03-.09(10)--(11) has been published and the public hearing noticed therein has been conducted;
(c) The location stated in the certificate has been approved by the city council as a suitable location for the operation of a liquor store; and
(d) The application has been considered at a public meeting of the city council and approved by a vote of at least three members thereof.
(4) Time periods for action. Any applicant or applicant group who has obtained a certificate of compliance as provided herein must open a liquor store in the city within six months or, unless an extension is granted by city council, the certificate will be revoked by the passage of this amount of time, and a certification thereof will be sent to the state alcoholic beverage commission, and the application for a local liquor store privilege license shall be considered canceled and revoked.
(5) Granting or denial. The city council shall decide, within 45 days of request, whether to grant the certificate of compliance.
(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
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
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
(1) Number of licenses. The number of local liquor store privilege licenses issued within the city shall be limited to three (3).
(2) Term renewal. Each license shall expire on December 31 of each year. A license shall be subject to renewal each year by compliance with all applicable federal and state law, rules and regulations and the provisions of this chapter.
(3) Display. A licensee shall display and post and keep displayed and posted licensee's license in a conspicuous place in the licensee's liquor store at all times.
(4) Transfer. A licensee or co-licensee shall not sell, assign or transfer his or her license or any ownership interest therein. No license shall be transferred from one location to another location without the express permission of the city council.
(5) Fees. A license fee of $500.00 is due at the time of application for a local liquor store privilege license and annually prior to January 1 each year thereafter. The initial license shall remain in effect for the remainder of the calendar year when it is first issued so that the first year may not be a full year period. The license fee shall be paid to the city manager before any license shall be issued.
(1) Initial qualification. To be eligible to apply for or to receive a local liquor store privilege license, an applicant, or, in the case of an applicant group, each member of the applicant group, must satisfy all of the requirements and conditions, which must be shown and stated in the application submitted to the city council, to request a certificate of compliance with the requirements and conditions in ACC 8-47 incorporated herein by reference and form a part of the qualifications which must be met by an applicant before receiving a local liquor store privilege license. In addition, before an applicant is eligible to receive a local liquor store privilege license, the applicant, or, in the case of an applicant group, each member of the applicant group, must satisfy all of the other requirements of this chapter, the requirements of the state alcoholic beverage commission, and all applicable state law, rules and regulations for the holder of a liquor retailer's license.
(2) Public officers and employees. No license shall be issued to a person who is a holder of a public office, either appointed or elected, or who is a public employee, either national, state, county or city. It is unlawful for any such person to have any interest in such liquor store, either directly or indirectly, either proprietary or by means of a loan or participation in the profits of any such business. This prohibition shall not apply, however, to uncompensated, appointed members of boards or commissions who have no duties covering the regulation of alcoholic beverages or beer.
(3) Felons. No licensee shall be a person who has been convicted of a felony within ten years prior to the time he or she or the legal entity with which he or she is connected shall receive a license, provided that this provision shall not apply to any person who has been so convicted but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction. In case of such conviction occurring after a license has been issued and received, the license shall immediately be revoked if such convicted felon is an individual licensee and, if not, the partnership, corporation, limited liability company or association with which he or she is connected shall immediately discharge him or her and he or she shall have no further interest therein or else such license shall be immediately revoked.
(4) Employee felons. No licensee shall employ in the storage, sale, or distribution of alcoholic beverages any person who, within ten years prior to the date of his or her employment, shall have been convicted of a felony. In the case that an employee is convicted of a felony while he or she is employed by a licensee at a liquor store, he or she shall be immediately discharged after his or her conviction, provided that this provision shall not apply to any person who has been so convicted but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction.
(5) Liquor offenses. No license shall be issued to any person who, within ten years preceding application for such license or permit, shall have been convicted of any offense under the laws of the state or any state or the United States regulating the sale, possession, transportation, storing, manufacturing, or otherwise handling of alcoholic beverages or beer.
(6) Disclosure of interest. It is unlawful for any person to have ownership in or participate in, either directly or indirectly, the profits of any liquor store unless his or her interest in such business and the nature, extent and character thereof shall appear on the application or if the interest is acquired after the issuance of a license unless it is fully disclosed to the city manager and approved by him or her in a timely manner.
(7) Age. No licensee shall be a person under the age of 21 years, and it is unlawful for any licensee to employ any person under the age of 18 years for the physical storage, sale or distribution of alcoholic beverages or to permit any such person under such age in his or her place of business to engage in the storage, sale or distribution of alcoholic beverages.
(8) Interest in only one liquor store. A person shall have an interest, either direct or indirect, in no more than one liquor store licensed under this chapter in the city.
(Ord. No. 1035, § 1(8-219), 3-17-2015)
HISTORY Adopted by Ord. 1135 was 8-219 on 10/30/2024
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
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.
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.
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:
(1) Date of each meeting;
(2) Names of the board members present and absent;
(3) Names of the members introducing and seconding motions and resolutions, etc., before the board;
(4) A copy of each motion or resolution presented;
(5) The vote of each member thereon; and
(6) The provisions of each beer permit issued by the board.
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.
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.
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.
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.
(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.
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.
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)
(1) No permit or license authorizing the storage, sale, distribution or manufacturing of beer will be issued when such business would cause congestion of traffic, or would interfere with schools, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals (cross-reference: TCA § 57-5-105(b)). In no event will a permit be issued authorizing the storage, sale, distribution or manufacture of beer to a permit holder within a minimum distance as listed below from any building:
(a) Used as a church, provided a church service is held at the premises at least on one day of each week; or
(b) Used as a school, provided the school is operated by a public school system of the city or the county or is a private school, and such school is licensed and accredited by the state to provide and is providing a kindergarten, elementary or secondary education to students at the building; or
(c) Used by the city or county to operate city or county government or the city or county public school system or public library.
(2) Minimum distance requirement.
(a) The minimum distance requirement for the various types of permit holders is as follows:
(i) Caterer: 300 feet.
(ii) Craft Beer Restaurant: 300 feet.
(iii) Golf Course: 300 feet.
(iv) Grocery store (10,000 square feet or more): 300 feet.
(v) Grocery store (under 10,000 square feet): 500 feet.
(vi) Package store: 500 feet.
(vii) Restaurant: 300 feet.
(b) Excepting any existing buildings currently subject to the previous manner of measuring distance, the distance shall be measured in a straight line between the middle of the main entrance of the building proposed to sell, store, or manufacture beer and the front door of the building from which there must be a minimum distance.
(c) For a special event organizer, in the event the minimum distance requirement in subsection (2)(a) of this section is applicable, the distance shall be measured in a straight line between the center of the main entrance of the building within which the organizer of the special event proposes to sell, distribute, store, dispense or serve beer and the front door of the building from which there must be a minimum distance. For a special event organizer, if the special event is scheduled in an outdoor location and the minimum distance requirement in subsection (2)(a) of this section from certain buildings is applicable, the distance shall be measured in a straight line between the center of the booth or station where beer is proposed to be offered for sale or served by the organizer and the front door of the building from which there must be a minimum distance.
(d) The minimum distance requirement from certain buildings in subsection (2)(a) of this section shall not be applicable with respect to the building of a restaurant permit holder or craft beer restaurant permit holder located within the downtown business district, which is defined as that area within the interior of the boundaries of Baxter Street, Green Street, College Street, Hill Street and Park Street as shown on the map of the city attached to the ordinance from which this section is derived and incorporated herein by reference.
(e) These changes as listed in this subsection (2) shall not affect those businesses which have valid permits on the date of the passage of the ordinance from which this chapter is derived, and, further, would not affect the locations if they should change ownership in the future.
(3) The number of beer permits permitted in the city, and the classification thereof, are as follows:
(a) Restaurants.
(i) There shall be no limitation on the number of beer permits issued to restaurants. The term "restaurant" means an establishment having a minimum indoor seating capacity of 30, whose principal business is serving food for consumption on premises. A restaurant eligible for a beer permit shall not have monthly gross beer sales greater than 25 percent of the monthly gross sales of food. Any such establishment which, for two consecutive months or for any three months in any calendar year, has gross beer sales greater than 25 percent of its gross food sales shall have its beer permit revoked. Food sales, for the purpose of this section, shall include the sale of food and non-alcoholic beverages or drinks. Food sales, for the purpose of this section, shall not include the sale of any type of alcoholic beverage, including, but not limited to, beer, wine, or liquor. The term "on premises" is defined as any portion of the building interior and any deck, patio, porch or other outdoor serving area that:
A. Is only accessible from the interior of the principal structure housing the restaurant; and
B. Is fully enclosed by a permanent fence that is attached to the principal structure housing the restaurant, with the fence or wall made of brick, stone, wrought iron, or exterior wood panels with a minimum height of 48 inches with maximum spaces between rods, spindles or boards of four inches and such that a four-inch sphere cannot pass between any rods, spindles or boards. If an emergency exit is required by any regulation, ordinance or law within the fence or wall, it shall be clearly marked as an emergency exit only and used only for this purpose. The emergency exit shall be equipped with an alarm which emits an audible sound when the exit gate or door is opened. The fence or wall shall be permanently affixed to the ground per the building official's recommendation and approval. Any deck, patio, porch or other outdoor serving area and the fence or wall shall comply with any applicable provisions of the building code.
(ii) Prior to any existing or new restaurant adding an outdoor dining area wherein beer may be sold for consumption, the owner of the restaurant and the permit holder shall submit a site plan for the outdoor dining area which meets the requirements of ACC 14-96 to the city regional municipal planning commission for approval. The site plan shall show that the new outdoor serving area meets all requirements of the zoning district it lies within, to include, but not be limited to, parking and land coverage requirements. The site plan shall show that the new outdoor serving area meets all requirements of the landscaping and stormwater ordinances.
(b) Grocery (food) stores. There shall be no limitation on the number of beer permits issued to grocery (food stores). The term "grocery (food) stores" means establishments with the dollar value of their inventory of beer at 20 percent or less of the dollar value of the total inventory. Beer shall not be sold for consumption on the premises of grocery (food) stores.
(c) Package beer stores (off premises). Package beer stores (off premises) are establishments where beer is sold to be consumed off the premises. There shall be one license for every 1,000 population according to the latest official census of the city. Beer shall not be consumed on the premises of these establishments.
(d) Wholesaler/distribution (off premises). Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer shall not be sold or consumed on the wholesaler's premises.
(e) Caterers.
(i) There shall be no limitation on the number of beer permits issued to caterers. The term "caterer" means a business engaged in offering food and beverage service for a fee at various locations, which:
A. Operates a permanent catering hall on an exclusive basis;
B. Has a complete and adequate commercial kitchen facility; and
C. Is licensed as a caterer by the state department of health.
(ii) The permit shall authorize the caterer to sell beer on the premises of the caterer and at such other sites as the caterer has given advance notice to the city beer board through the city manager. With such notice, the off-premises site shall be considered to be within the premises of the caterer for the purposes of this chapter. The permit shall not authorize and the caterer shall not sell beer at a site within 300 feet of a building from which there must be a minimum distance as provided in subsection (b)(1) of this section. In all cases, beer may be sold for consumption only at the permanent catering hall of the caterer or at the site for which the caterer has given advance notice to the city beer board.
(f) Golf course. There shall be no limitation on the number of beer permits issued to golf courses. Beer may be sold for consumption on the premises only, with the premises defined as any clubhouse, pro shop, restaurant, or the playing course itself. No consumption shall be permitted in or on the parking lot.
(i) The term "golf course" means a recreational facility developed for the primary sport of golf, not to be less than nine holes, managed and regularly maintained by the operator of the facility and located on a minimum of 50 contiguous acres. To qualify as a golf course hereunder, receipts from the sales of beer shall not exceed 30 percent of the total gross receipts for two consecutive months or for any three months in any calendar year for the business establishment.
(ii) Any beer consumed on the premises of the golf course, whether within any building or on the playing course itself, must be purchased at the golf course from the operator thereof.
(iii) Any beer on the premises of the permit holder must be sold by the permit holder and consumed on the premises. Beer may be consumed within any building on the premises or the playing course itself. The minimum distance requirement from certain buildings as provided in subsection (2)(a) of this section shall be applicable to a golf course permit holder with the distance measured as required from the nearest corner of any building on the premises where beer may be consumed and the nearest corner of the building from which there must be a minimum distance. In the event the permit holder has a common property line with the owner of any building from which there must be a minimum distance, the permit holder shall provide a fence along that property line with a height not less than six feet and visible space between boards not less than 1 1/4 inch. A planted natural tree buffer or the use of elevated mounds shall serve as an acceptable substitute for the fence. In accordance with the zoning ordinance of the city, the term "buffer strip" means a greenbelt planted strip 30 feet in width. Such a greenbelt shall be composed of one row of evergreen trees, spaced not more than 15 feet apart, and not less than two rows of shrubs or hedges, spaced not more than five feet apart within the row 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. In the event any part of the playing course is within 300 feet from the nearest corner of a building from which there must be a minimum distance as provided in subsection (2)(a) of this section, that part of the playing course must have along or near its property line the same fencing, planted buffer strip, or elevated mounds, as required above, for that length of the playing course within 300 feet of the nearest corner of the building of concern.
(g) Club. There shall be no limitation on the number of beer permits issued to clubs as defined in this subsection. The term "club" means a nonprofit association as defined and described in T.C.A. § 57-4-102(7)(A) and (B), in effect upon final passage of the ordinance from which this section is derived. Before receiving a beer permit, an applicant must have received a club license issued by the alcoholic beverage commission to serve alcoholic beverages containing more than five percent of alcohol by weight. After an applicant receives a beer permit, in the event the association no longer meets the definition of a club, the beer permit may be revoked. In addition to any other acts or conduct prohibited in this Code or any general state law, the acts or conduct described in T.C.A. § 57-4-204(b)(1), (2), (3), and (4) and (d)(1)(A), (B), (C), and (D) are prohibited on the premises of a licensed club.
(h) Hotels.
(i) There shall be no limitation on the number of beer permits issued to hotels as defined in this subsection (3)(h). The term "hotel," for the purpose of holding a beer permit, means a hotel located within a radius of one mile from the intersection of Highway 30 and the entrance ramp to the northbound lanes of Interstate 75 which has available for occupancy 60 or more interior corridor rooms for paid lodging by guests on a short-term basis, not to exceed seven consecutive days by a guest. The permit shall authorize the hotel to offer and provide beer, to registered guests only, for consumption in a common area or designated meeting or conference room on the premises of the hotel between the hours of 4:00 p.m. and 8:00 p.m. during any day of the week.
(ii) This permit shall not authorize or allow a hotel to offer or provide beer for a charge or fee. This permit shall not authorize or allow a hotel to offer or provide beer to a guest of the hotel for consumption in the guest's rented room. The permit holder shall not allow any beer in the area or room where the holder is providing beer at no charge except for beer provided by the permit holder.
(i) Craft beer restaurant. There shall be no limitation on the number of beer permits issued to craft beer restaurants. A craft beer restaurant shall constitute a separate classification of beer permit from a restaurant permit issued under ACC 8-92(3)(a). The term ‘craft beer restaurant’ means an eating and drinking establishment having a minimum indoor seating capacity of forty (40), providing prepared food for purchase and consumption by patrons on the permitted premises during the permittee’s posted hours of operation, and owned or operated by, or under common ownership or control with, a manufacturer authorized to manufacture beer under applicable federal and state law.
(i) The restaurant establishment and any beer manufacturing operation conducted on the premises shall each meet all applicable federal, state, and local licensing, permitting, zoning, building, fire, health, and land use requirements, including Tennessee Code Annotated, section 57-5-101, as amended. Any beer manufacturing, storage, service, or sale occurring on the premises pursuant to this subsection shall be subject to all applicable provisions of the Athens Zoning Ordinance, this Code, and all other licenses and approvals required by applicable federal, state, and local law.
(ii) A craft beer restaurant permit shall not, by itself, authorize the storing for sale or distribution of beer except to the extent strictly incidental to retail sales expressly authorized by this subsection. Any separate storing for sale, distribution, or manufacturing activity shall require such separate beer permit or permits required by this Code and applicable law.
(iii) A craft beer restaurant permit may authorize both on-premises consumption and off-premises retail sale of beer; provided, however, that any off-premises sales under this classification shall be limited to beer lawfully manufactured on the permitted premises pursuant to all required federal, state, and local licenses and permits, no off-premises sale of guest beer shall be authorized under this classification, and beer sold for off-premises consumption shall be sold only in sealed containers, and shall not be opened or consumed within the permitted premises, including any approved outdoor serving area.
(iv) The gross beer sales limitation applicable to restaurant permits under ACC 8-92(3)(a) shall not apply to craft beer restaurant permits issued under this subsection. A craft beer restaurant shall not have monthly gross beer sales greater than forty-nine percent (49%) of the monthly gross sales of food. Exceeding this ratio for two (2) consecutive months, or for any three (3) months in any calendar year, shall constitute grounds for suspension or revocation of the permit. Food sales, for the purpose of this subsection, shall include the sale of food and non-alcoholic beverages and shall not include the sale of beer, wine, liquor, or any other alcoholic beverage. In addition, gross sales of sealed beer sold for off-premises consumption pursuant to this subsection shall be excluded from the gross beer sales ratio calculation under this subsection.
(v) Food service for a craft beer restaurant may be provided through an on-site kitchen or through one (1) or more partner food providers. The term ‘partner food provider’ means a food service establishment properly permitted or licensed by the Tennessee Department of Health or other applicable authority to prepare and serve food, which provides prepared food for purchase and consumption by patrons on the permitted premises pursuant to a written agreement with the permittee and which provides such food service during the permittee’s posted hours of operation. The term shall not include vending machines or the sale of prepackaged snack items only.
(vi) A permittee utilizing one (1) or more partner food providers shall maintain written agreements with each partner food provider, shall maintain records sufficient to verify food sales for purposes of this chapter, and shall make such agreements and records available to the city or beer board upon request. There shall be no limit on the number of partner food providers used by a craft beer restaurant, and partner food providers may operate simultaneously.
(vii) Any outdoor dining or serving area in which beer is sold, served, or consumed under a craft beer restaurant permit shall comply with the Athens Zoning Ordinance and all applicable provisions of Title 14 of the Athens City Code, including site plan approval under ACC 14-96 where applicable. The permittee shall comply with any production, retail sale, storage, and self-distribution limits applicable under Tennessee law.
(4) Each permit hereafter issued shall specify the classification of permit along with the kind of establishment as herein set forth. No beer sales other than the class designated shall be permitted except as stated herein. No on-the-premises consumption shall be legal where the establishment has been granted an off-premises permit only. At establishments with permits allowing on-the-premises consumption, it shall be lawful for beer to be consumed on the premises only; provided, however, that a craft beer restaurant permit holder may also engage in off-premises sales to the extent expressly authorized in ACC 8-92(3)(i). (Ordinance 1151)
(5) If the character of the establishment changes from the classification originally issued, the permittee will be required to obtain a new permit to conform to the type of establishment being operated by the permittee.
(6) All beer permits now issued and outstanding will be classified and placed in its appropriate category, and the holders of the beer permits shall be so notified, along with a copy of this chapter.
(7) The term "package store" shall be further defined to be an establishment whose primary business is the sale of beer. Gasoline stations shall be excluded from the above definition of the term "package store."
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.
(1) It is unlawful for any beer permit holder, agent, servant, employee or other person working in an establishment that is permitted to sell beer to:
(a) Knowingly employ any person 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 years.
(b) Employ any minor under 18 years of age in the sale, storage, distribution or manufacture of beer.
(c) Deliver beer to any purchaser except during those hours set out in subsection (c) of this section.
(d) Sell intoxicating liquor as defined in ACC 8-1, except in establishments that have a state-issued "liquor by the drink" license.
(e) Allow the possession of beer by any person, including the permittee, within the permittee's place of business at a time when beer may not be legally sold. Such possession shall constitute evidence of an illegal sale.
(f) Allow any loud, unusual or obnoxious noises to emanate from the premises.
(g) Make or allow any sale of beer or any other alcoholic beverage, including an intoxicating liquor, to a minor under the age of 21 years.
(h) Allow any minor under 21 years of age to loiter in or about the place of business. The term "loitering," within the meaning of this subsection, means to be dilatory, to be slow in movement, to stand around, to spend time idly, to saunter, to delay, to idle, to linger, to lag behind. However, nothing in this section shall prohibit persons under the age of 21 years from dining in establishments which have a beer permit but whose exclusive or primary business is the sale of food, but such establishments shall ensure that all containers of alcoholic beverages, both open and closed, are not provided by customers, patrons, or any other persons to persons under the age of 21 years; shall immediately remove empty and partially empty containers of alcoholic beverages from the tables where persons under the age of 21 are seated unless accompanied by a parent or guardian; and shall store all alcoholic beverages behind the bar or other proper storage place not ordinarily accessible to customers or patrons.
(i) Make or allow any sale of beer or any other alcoholic beverage, including an intoxicating liquor, to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.
(j) Allow drunk or disreputable persons to loiter about the premises.
(k) Allow patrons to remain in the permittee's place of business longer than 30 minutes past the time the permittee closes the place of business to the public.
(l) Fail to provide and maintain separate sanitary toilet facilities for men and women at locations for consumption on premises.
(m) Sell beer at premises where dancing is allowed, except under the circumstances as follows:
(i) The area for dancing is an open and cleared space or area containing at least 144 square feet of floor space or area. In computing the open and cleared floor space or area, only the compact floor area used for dancing shall be counted. No area upon which counters, tables, chairs or other obstructions are located and no aisles used primarily for providing access to tables shall be included when computing such open and cleared floor space; and
(ii) The area or space within the premises where dancing is allowed is separated from the other part of the premises by a partition or wall, railing or rope, or other definite means of separation; and
(iii) No beer or other alcoholic beverage shall be permitted within the open and cleared space or area set apart for dancing.
(2) It shall be unlawful for any person or legal entity regardless of its form of existence, i.e., corporation, limited liability company, partnership, etc., to offer for sale or sell beer or other alcoholic beverage with an alcoholic content not exceeding five percent by weight within the corporate limits of the city between the hours of 3:00 a.m. and 8:00 a.m. on weekdays and between the hours of 3:00 a.m. and 10:00 a.m. on Sunday. No such beverages shall be consumed or opened for consumption on or about any premises where beer or other beverage with an alcoholic content not exceeding five percent of weight is sold within the corporate limits of the city, in either bottle, glass, or other container after 3:15 a.m.
(3) Any person who holds a permit shall continuously operate the business, and if any permit holder either voluntarily or involuntarily fails or refuses to carry on the business for a period of 60 days, then the permit shall be revoked.
(4) With the exception of a beer permit classified as a restaurant or craft beer restaurant, pool or billiard playing will not be permitted in the same room where beer is sold and/or consumed.
(5) Proper and prominent signs will be displayed stating there shall be no form of gambling on or about the permittee's place of business.
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.
(1) The beer board shall have the power to suspend or revoke any beer permit issued under the provisions of this chapter when the license or permit holder or any agent, servant or employee of the permittee or licensee is guilty of violating the provisions of this chapter, any of the municipal codes of the city addressing the sale, manufacture, storage or distribution of beer, wine, liquor or any other alcoholic beverage or any state law regarding the sale, manufacture, storage or distribution of beer, wine, liquor or any other alcoholic beverage. However, no beer permit shall be suspended or revoked until a public hearing is held by the board after a reasonable notice to all the known parties in interest. Suspension or revocation proceedings may be initiated by the police chief, city manager or by any member of the beer board.
(2) Pursuant to T.C.A. § 57-5-608, the beer board shall not revoke or suspend the permit of a responsible vendor qualified under the requirements of T.C.A. § 57-5-606 for a clerk's illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk's original certification, unless the vendor's status as a certified responsible vendor has been revoked by the alcoholic beverage commission. If the responsible vendor's certification has been revoked, the vendor shall be punished by the beer board as if the vendor were not certified as a responsible vendor. As used in this section, the term "clerk" means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under T.C.A. § 57-5-608, the alcoholic beverage commission shall revoke a vendor's status as a responsible vendor upon notification by the beer board that the board has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive 12-month period. The revocation shall be for three years.
(3) In the event a permit holder surrenders his license to sell beer, the surrender will become effective when formal action of the beer board is taken; provided, however, the surrender of a permit or license shall not operate to prevent the beer board from revoking the permit or license for violation of this chapter or applicable state law occurring before such surrender.
(4) Where a permit or license is revoked, no new license or permit shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one year from the date the revocation becomes final, unless the revocation is the result of a violation of ACC 8-94(3). If the revocation was the result of a violation of ACC 8-94(3) and the new license or permit request is from the permit or license holder whose permit or license was revoked, no new license or permit shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of 90 days from the date the revocation becomes final. If the revocation was the result of a violation of ACC 8-94(3) and the new license or permit request is from a new owner of the same premises affected by the revocation of a permit or license, a new license or permit may be issued to the new owner without regard to the prior permit or license revocation if the new owner is otherwise entitled to a license or permit. The applicant for a new license or permit shall not be considered a new owner if the applicant is a corporation, limited liability company or any other form of business in which the principal owner also owned the corporation, limited liability company or other form of business whose permit or license was revoked the result of a violation of ACC 8-94(3).
(5) No new permit shall be granted at any location where a case is pending in court for an infraction of the beer laws of the state or the city.
(1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Responsible vendor means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the state alcoholic beverage commission under the Tennessee Responsible Vendor Act of 2006, T.C.A. § 57-5-601 et seq.
(2) Civil penalty, revocation or suspension. The beer board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed $2,500.00 for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed $1,000.00 for any other offense.
(a) The beer board may impose on a responsible vendor a civil penalty not to exceed $1,000.00 for each offense of making or permitting to be made any sales to minors or for any other offense.
(b) If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn.
(c) Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city may impose.
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.
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.
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.
(1) No outdoor sign, advertisement or display that advertises beer may be erected or maintained on the property on which a retail beer establishment is located other than one sign, advertisement or display which makes reference to the fact that the establishment sells beers but does not use brand names, pictures, numbers, prices or diagrams relating to beer.
(2) Notwithstanding subsection (1) of this section, for restaurant beer permit holders and craft beer restaurant permit holders, no sign, advertisement, or display indicating that beer may be purchased on the premises shall be erected or maintained on the exterior of the premises or on the interior of the premises if visible from the exterior
(a) Beer and its containers located at or upon a bar or table within the premises shall not violate this prohibition, provided the bar is located no closer than 20 feet from any window facing a public street.
(b) Beer and its containers located at or upon any table or booth within the premises being consumed or having been consumed by customers shall not violate this provision.
(c) Beer and its containers within a lawful restaurant outdoor dining area, as described in ACC 8-92(3)(a), being consumed or having been consumed by customers shall not violate this provision. This exception shall not permit a bar or beer keg or other type of beer dispensing equipment or machine to be located in the outdoor dining area. This exception shall not permit the storage of beer bottles or cans for ultimate sale to customers in any area of the outdoor dining area.
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
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.
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.
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:
(1) The name and street address of each person who will be in charge of or in control of the business, and a statement that the applicant who is to be in actual charge of the business has not been convicted of a felony within a ten-year period immediately preceding the date of the application with the state alcoholic beverage commission and, if a corporation, that the executive officers or those in control have not been convicted of a felony within a ten-year period immediately preceding the date of the application;
(2) The name and address of the proposed retail food store applying for a license and a statement that the applicant has secured a location for the business, which complies with all zoning laws of the city;
(3) That the applicant has complied with this chapter and the applicable state laws on retail food store wine sales.
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.
(1) Each application for a certificate of compliance under this chapter shall identify each person who is to be in actual charge of the business and, if a partnership, limited liability company or corporation, each executive officer or manager of the partnership, limited liability company or corporation and each individual in control of the business. For the purposes of this section, an individual who owns or has a 50 percent ownership interest or greater in the partnership, limited liability company, or corporation shall be considered or deemed to be in control of the business.
(2) Misrepresentation of a material fact, or concealment of a material fact required to be shown in the application for a certificate, shall be a violation of this chapter. The city may refuse to issue a certificate if, upon investigation, the city finds that the applicant for a certificate has concealed or misrepresented any material fact or circumstance concerning the operation of the business, or if the interest of any person in the operation of the business is not truly stated in the application, or in case of any fraud or false statements by the applicant pertaining to any matter relating to the operation of the business. All information, written statements, affidavits, evidence or other documents submitted in support of an application are a part of the application.
(Ord. No. 1048, § 1(8-406), 4-19-2016)
8-137 Expiration Of Certificate Of Compliance; New Application
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
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.
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.
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.
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.
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
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.
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:
(1) Has a current exemption certificate from the Internal Revenue Service issued under section 501(c)(3) of the Internal Revenue Service Code of 1954, as amended.
(2) Is a member of United Way, Community Chest or similar umbrella organization for charitable or religious organizations.
(3) Has been in continued existence as a charitable or religious organization in the county for a period of two years prior to the date of its application for registration under this chapter.
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.
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.
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.
(1) Application form. A sworn application containing the following information shall be completed and filed with the finance department by each applicant for a permit as a peddler, transient vendor, solicitor, or street barker and by each applicant for a permit as a solicitor for charitable or religious purposes or as a solicitor for subscriptions:
(a) The complete name and permanent address of the business or organization the applicant represents.
(b) A brief description of the type of business and the goods to be sold.
(c) The dates for which the applicant intends to do business or make solicitations.
(d) The names and permanent addresses of each person who will make sales or solicitations within the city.
(e) The make, model, complete description, and license tag number and state of issue of each vehicle to be used to make sales or solicitations, whether or not such vehicle is owned individually by the person making sales or solicitations, by the business or organization itself, or rented or borrowed from another business or person.
(f) Tennessee state sales tax number, if applicable.
(2) Permit fee. Each applicant for a permit as a peddler, transient vendor, solicitor or street barker shall submit with his application a nonrefundable fee of $20.00. There shall be no fee for an application for a permit as a solicitor for charitable purposes or as a solicitor for subscriptions.
(3) Permit issued. Upon the completion of the application form and the payment of the permit fee, where required, the finance department shall issue a permit and provide a copy of the same to the applicant.
(4) Submission of application form to chief of police. Immediately after the applicant obtains a permit from the finance department, the finance department shall submit to the chief of police a copy of the application form and the permit.
(Code 1995, § 9-204)
9-29 Restrictions On Peddlers, Street Barkers And Solicitors
No peddler, street barker, solicitor, solicitor for charitable purposes, solicitor for subscriptions, or panhandler shall:
(1) Be permitted to set up and operate a booth or stand on any street or sidewalk or in any other public area within the city.
(2) Stand or sit in or near the entrance to any dwelling or place of business or in any other place which may disrupt or impede pedestrian or vehicular traffic.
(3) Offer to sell goods or services or solicit in vehicular traffic lanes or operate a road block of any kind.
(4) Call attention to his business or merchandise or to his solicitation efforts by crying out, by blowing a horn, by ringing a bell, or creating other noise, except that the street barker shall be allowed to cry out to call attention to his business or merchandise during recognized parade or festival days of the city.
(5) Enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice "Peddlers or Solicitors Prohibited," or similar language carrying the same meaning, is located.
(6) Stand on or otherwise occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, for the purpose of soliciting or accepting a donation of money or any other item from the occupant of any vehicle.
(7) By means of a sign or other device of any kind, use or occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, to attempt to alert the driver or any occupant of a motor vehicle that is on a street to any commercial activity.
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.
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.
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.
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.
The finance director shall issue a permit authorizing charitable or religious solicitations when, after a reasonable investigation, he finds the following facts to exist:
(1) The applicant has a good character and reputation for honesty and integrity or, if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity.
(2) The control and supervision of the solicitation will be under responsible and reliable persons.
(3) The applicant has not engaged in any fraudulent transaction or enterprise.
(4) The solicitation will not be a fraud on the public but will be for a bona fide charitable or religious purpose.
(5) The solicitation is prompted solely by a desire to finance the charitable cause described by the applicant.
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.
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.
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.
(1) The purpose of this chapter is to establish regulations, procedures, and standards for towing companies called by the City of Athens Police Department to remove disabled, wrecked, abandoned, immobile, unattended, seized, or impounded motor vehicles from City streets, public rights-of-way, public property, or other locations where the Police Department has lawful authority to request towing services.
(2) It is the policy of the City to use a fair rotational call system for City-requested towing services, except when a vehicle owner, operator, or authorized agent requests a specific towing company, when public safety requires another response, or when the Police Department directs otherwise under law.
(3) This chapter is intended to:
(a) Promote the safe and efficient removal, transportation, storage, and safekeeping of vehicles placed in the custody of towing companies at the request of the Police Department.
(b) Require towing companies to comply with this chapter, the City fee schedule, the Tennessee Department of Safety and Homeland Security Tennessee Highway Patrol Towing Service Standards Manual, as amended, Tenn. Code Ann. § 55-31-104 (Motor Vehicle Portal), and any other applicable Tennessee law.
(c) Ensure that towing companies used by the Police Department are reputable, reliable, properly permitted, properly insured, properly equipped, and staffed by qualified drivers.
(d) Protect vehicle owners, lienholders, insurers, and the public from unreasonable fees, unsafe practices, solicitation at crash scenes, improper release of vehicles, loss of personal property, and inconsistent rotation practices.
(1) This chapter applies to towing services requested by, authorized by, or directed through the City of Athens Police Department. It does not regulate purely private towing transactions.
(2) A towing company called at the request of a vehicle owner, operator, or authorized agent is not required to be on the City rotation list unless the Police Department determines that the vehicle creates an immediate traffic hazard or the requested towing company is unavailable, unwilling, or unable to respond in a reasonable time.
(Code 1972, § 5-602; Code 1995, § 9-502)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
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.
(1) The Police Chief shall administer and enforce this chapter. The Police Chief may approve, issue, renew, suspend, revoke, or deny permits under this chapter; maintain the rotation list; establish administrative forms and procedures; conduct inspections and audits; investigate complaints; and issue written directives consistent with this chapter.
(2) The Police Chief's action granting, denying, suspending, or revoking a towing company permit or driver permit is subject to review by the City Manager upon written appeal to the City Manager within ten (10) calendar days after written notice of the decision as provided in this chapter or as otherwise required by law.
(1) (No towing company, tow truck, or tow truck driver shall participate on the City rotation list unless approved by the Police Chief and issued the required City permit.
(2) As a condition of initial and continuing eligibility, a towing company shall:
(a) Be listed on the Tennessee Highway Patrol rotation list for the applicable towing class.
(b) Be licensed and registered to do business in Tennessee and comply with all applicable federal, state, and local requirements.
(c) Maintain the insurance required by this chapter at all times.
(d) Maintain tow trucks, equipment, drivers, records, and storage facilities in compliance with this chapter and the Tennessee Manual.
(e) Charge no more than the fees authorized by the City's fee schedule and applicable Tennessee law.
(Code 1972, § 5-605; Code 1995, § 9-505)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) A towing company seeking placement on the City rotation list shall submit a complete application to the Police Department during the annual application period of June 1 through June 30, unless the Police Chief opens an additional application period due to public need.
(2) The application shall include, at a minimum:
(a) Proof of current Tennessee Highway Patrol rotation status.
(b) A completed Towing Service Application (SF-1112), Driver Qualification Form (SF-1117), Tow/Storage Rates Disclosure Form (SF-1118), Company Information Disclosure Form (SF-1119), Facilities and Equipment Inspection Form (SF-1120), Driver/Vehicle Inspection Report for each tow truck (SF-1156), and any successor or substantially equivalent form required by the Police Department.
(c) Current certificates of insurance identifying required vehicle liability, garage keepers’ liability, and on-hook coverage.
(d) Proof that each owner and driver responding to City-requested calls has completed required Traffic Incident Management training.
(e) Criminal history check for the towing company’s owner(s) and all tow truck drivers. A felony conviction or pending felony charge shall prohibit the owner or drivers from being permitted to be on the City’s rotation list.
(f) A copy of a sample customer invoice.
(g) A certification that the applicant has read, understands, and will comply with this chapter, applicable Tennessee law, the Tennessee Manual, and Police Department directives.
(1) Permits shall be valid for one (1) permit year, beginning July 1 and ending June 30, unless suspended or revoked earlier. Renewal applications shall be submitted between June 1 and June 30 each year with the same information and forms as the original application but updated to reflect current information.
(2) A towing company shall promptly notify the Police Department, in writing, of changes in ownership, business name, business address, telephone number, storage facility, insurance, tow trucks, drivers, or any other material application information. New or substitute tow trucks and drivers may be approved during the permit year if they meet all requirements of this chapter before responding to City-requested calls.
(3) During renewal, the Police Department may inspect records, tow trucks, equipment, driver qualifications, storage facilities, insurance, and rates. If deficiencies are found, renewal may be denied, delayed, conditioned, or withheld until the deficiencies are corrected.
(1) Application fees, renewal fees, permit fees, service fees, and maximum towing and storage charges shall be established by the City Council through the annual budget process.
(2) No towing company responding to a City-requested tow shall charge a rate or fee exceeding the City fee schedule, the maximum fee approved by the Tennessee Highway Patrol for the same service, or any other applicable state-law limitation, whichever is most restrictive.
(Code 1972, § 5-608; Code 1995, § 9-508)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) Each approved towing company shall maintain insurance covering towing and storage operations at all times. The policy shall be in the name of the towing company or the towing company's owner and shall identify the tow trucks covered.
(2) A certificate of insurance shall be filed with the City before placement on the rotation list and upon renewal, policy change, expiration, cancellation, or request by the Police Chief. Certificates must itemize vehicle liability, garage keepers’ liability, and on-hook coverage.
(3) For purposes of this section, the following definitions shall apply:
(a) Vehicle Liability: insurance that pays for damages due to bodily injury and property damage to others for which the towing company is responsible.
(b) Garage Keepers Liability: insurance that protects a garage keeper against liability for damage to vehicles in his/her care, custody, or control.
(c) On-Hook Coverage: insurance that will normally pay to repair or replace a vehicle that the towing company did not own if it is damaged by a collision, fire, theft, explosion, or vandalism while being towed or hauled.
Tow Truck Class
Minimum Vehicle Liability
Minimum Garage Keepers Liability
Minimum 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.
(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.
Class
Primary Use
Minimum Standard
Class A
Passenger 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 B
Medium-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 C
Large 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 D
Car 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.
(1) Each tow truck responding to a City-requested tow shall carry and maintain all equipment required by the Tennessee Manual and this chapter. Required equipment includes, at a minimum:
(a) One functional, amber-colored rotating, strobe, or LED warning light permanently mounted on top of the tow truck. Sirens are prohibited.
(b) Emergency flashers and directional lights visible to the front in amber color.
(c) One heavy-duty push broom; one shovel; one axe; one pinch bar, pry bar, or crowbar; one set of bolt cutters; and equipment necessary to remove glass, debris, and other injurious substances from the roadway.
(d) Flood lights mounted high enough to illuminate the scene at night.
(e) One fully charged 20-pound fire extinguisher or two fully charged 10-pound fire extinguishers with an Underwriters Laboratories rating of 4A:B:C or greater, securely mounted.
(f) At least 50 pounds of fluid absorption compound for Class A, Class B, and Class D tow trucks and at least 100 pounds for Class C tow trucks.
(g) Three red emergency reflectors.
(h) A light bar capable of displaying two tail lamps, two stop lamps, and two turn signals on the rearmost vehicle while in tow when the towed vehicle's lights cannot be displayed.
(i) All additional chains, straps, dollies, cribbing, blocking, absorbent, tarps, securement devices, and safety equipment reasonably necessary for the class of tow and scene conditions.
(2) Each tow truck shall display the towing company's name, address, telephone number, and USDOT number if applicable. The information shall be permanently affixed or painted on both sides of the tow truck, visible from 50 feet. Magnetic signs are not permitted.
(Code 1972, § 5-612; Code 1995, § 9-512)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) Each driver responding to City-requested calls shall:
(a) Be at least 21 years of age unless a specific exception is required by state law.
(b) Possess a valid Tennessee driver license or commercial driver license appropriate for the tow truck and work performed.
(c) Have no felony conviction or pending felony charge that disqualifies the driver under the Tennessee Manual or this chapter.
(d) Complete required Traffic Incident Management System training before responding to City-requested calls.
(e) Wear a high-visibility traffic safety vest, shirt, or coat meeting ANSI Class 2 or higher while working at or near the scene and use amber colored lights on scene and while towing a vehicle.
(f) Comply with all lawful directions of the Police Department officer in charge of the scene.
(g) Operate safely, lawfully, and professionally, and avoid conduct that reflects adversely on the City or creates a safety risk.
(h) The towing company shall maintain a current driver list and shall notify the Police Department before any new driver responds to City-requested calls. A driver who becomes disqualified shall not respond to City-requested calls until reinstated by the Police Chief.
(Code 1972, § 5-613; Code 1995, § 9-513)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) Each towing company shall maintain a business office with a highly visible exterior sign displaying the towing company's name, address, and telephone number. Current tow and storage rates shall be posted conspicuously at the business office in a form clearly visible to customers.
(2) The business office and storage facility shall be accessible to customers and the Police Department from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays, and at other reasonable times for law enforcement purposes, vehicle release, or emergency conditions.
(3) Each towing company shall provide adequate, safe, and secure storage for vehicles towed at the request of the Police Department. Storage facilities shall be secured by fencing, lighting, and surveillance cameras and other security measures approved by the Police Chief to deter theft and vandalism.
(4) If the storage facility is separate from the business office, the storage facility shall have a highly visible exterior sign displaying the towing company's name, address, and telephone number. No two towing companies, including affiliated or parent/subsidiary entities, may share the same storage facility unless expressly approved by the Police Chief for good cause and consistent with the independence requirements of this chapter.
(Code 1972, § 5-614; Code 1995, § 9-514)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) The Police Department shall maintain the rotation list by tow truck company. Rotation list shall be seven (7) days for each permitted towing company. Calls shall be made through dispatch or other Police Department procedures approved by the Police Chief.
(2) A towing company shall have at least one properly equipped, operating, permitted tow truck and qualified driver available 24 hours per day, including holidays, during its rotation. If the towing company cannot respond, lacks proper equipment, does not answer, or declines the call, the next towing company on the rotation list shall be called.
(3) The towing company shall respond to a wreck or disabled vehicle within 20 minutes after being called, except for verifiable extenuating or unusual circumstances approved by the Police Department. Class C heavy-duty calls may be allowed additional response time when necessary due to equipment availability, distance, scene complexity, or public safety needs.
(4) If a towing company misses two calls within one rotation cycle, the Police Chief may suspend, condition, or remove the company from the rotation list.
(5) The Police Department officer in charge of a scene may direct the towing company to remove the vehicle creating the greatest hazard first, to use additional equipment, to preserve evidence, to avoid entering a vehicle, or to transport a vehicle to a particular facility.
(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
(1) The Police Department shall honor the request of the owner, operator, or authorized agent of a disabled, wrecked, abandoned, immobile, or unattended vehicle to call a specific towing company, whether or not that towing company is on the City rotation list, unless:
(a) The requested towing company is not available, refuses the call, or cannot respond within 20 minutes, or within 30 minutes for a Class C heavy-duty tow, unless a longer time is approved by the Police Department officer in charge;
(b) The vehicle presents an immediate traffic hazard or public safety risk requiring prompt removal;
(c) The requested towing company lacks the equipment needed for the vehicle or scene;
(d) The tow is connected to a seizure, impound, arrest, investigation, evidence hold, or other law enforcement need requiring City-directed handling; or
(e) The request is otherwise inconsistent with applicable law or public safety.
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
(1) Each towing company responding to a City-requested tow shall:
(a) Tow, recover, transport, and store vehicles safely and in accordance with this chapter, the Tennessee Manual, applicable law, and industry best practices.
(b) Use the tow truck class, equipment, and personnel appropriate for the vehicle and scene.
(c) Remove glass, vehicle parts, and other injurious substances from the street or highway as required by Tenn. Code Ann. § 55-8-170 and this chapter. Debris shall not be placed in the passenger compartment of a vehicle.
(d) Not intentionally drain vehicle fluids onto the road, right-of-way, stormwater system, soil, or surrounding environment.
(e) Use reasonable care to prevent additional damage to the vehicle and its contents.
(f) Transport the vehicle to the towing company's approved storage facility, a destination requested by the vehicle owner or operator after charges are agreed upon, a Police Department impound facility, or another location directed by the Police Department.
(g) Not perform repairs or additional services unless requested by the vehicle owner, operator, authorized agent, insurer, or lienholder, or unless necessary to safely remove a hazard.
(h) Not solicit towing work at or near a crash, disabled vehicle, or law enforcement scene unless called by the vehicle owner, operator, authorized agent, or Police Department.
(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
(1) No towing company shall release a vehicle impounded by, seized by, or held at the direction of the Police Department without authorization from the Police Department. If no law enforcement hold exists, the vehicle shall be released to a verified owner, lienholder, insurer, or authorized agent upon proof of the right to possess the vehicle and payment of lawful charges.
(2) A towing company shall safeguard personal property in towed or stored vehicles. Unless the Police Department places a hold or otherwise directs, the towing company shall release personal property or cargo to the verified owner or authorized agent during normal business hours without charge.
(3) If a firearm is found in a stored vehicle, the towing company shall follow Tennessee law (§ 55-31-105) and any Police Department procedure governing notification, safekeeping, transfer, and release.
(Code 1972, § 5-618; Code 1995, § 9-518)
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) Each towing company shall use a standard invoice form containing the towing company's name, physical address, storage facility address, telephone number, and email address.
(2) An invoice shall be prepared for each City-requested tow. When the owner, operator, or authorized representative is present and circumstances permit, a copy shall be provided at the scene or as soon as practicable. The towing company shall retain duplicate invoices and tow records for at least two (2) years or a longer period in a chronological order as required by law or City policy.
(3) Each invoice shall include, at a minimum:
(a) Date, time, and location of the tow;
(b) Name and address of the person requesting or authorizing the tow, if known;
(c) Name and address of the vehicle owner, operator, or person involved, if known;
(d) Vehicle year, make, model, color, license plate number, state, and VIN, if available;
(e) Tow truck class used and destination of the vehicle;
(f) Itemized charges, including towing, mileage, winching, recovery, storage, notification, and any approved additional charges;
(g) A good-faith estimate of charges when final charges cannot be determined at the scene;
(h) Daily storage rate and the date and time storage charges begin;
(i) Name of the driver or employee preparing the invoice.
(j) Invoices, rates, dispatch records, release forms, notices, photographs, storage logs, and other records related to City-requested tows shall be available for inspection by the Police Chief during normal business hours or during an investigation.
(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
(1) A towing company on the City rotation list shall be independent of every other towing company on the City rotation list. Unless approved by the Police Chief for good cause, no towing company may share a telephone number, address, business license, storage facility, tow trucks, or required operating equipment with another rotation towing company.
(2) A towing company and its owners, officers, employees, agents, and drivers shall not:
(a) Refer, sell, assign, subcontract, delegate, or transfer a City-requested call to another towing company without approval from the Police Department.
(b) Solicit towing work at a crash, disabled vehicle, or law enforcement scene unless requested by the vehicle owner, operator, authorized agent, or Police Department.
(c) Charge unauthorized rates, hidden fees, administrative fees, gate fees, release fees, credit card surcharges, or other fees prohibited by the City fee schedule or state law.
(d) Refuse lawful release of a vehicle, personal property, or cargo after the person seeking release presents required proof and pays lawful charges, unless a Police Department hold or legal restriction applies.
(e) Use an unpermitted tow truck or unqualified driver for a City-requested call.
(1) The Police Chief may inspect or audit any approved towing company's tow trucks, equipment, business office, storage facility, insurance, driver files, rates, invoices, tow records, notices, and release records during normal business hours or at other reasonable times when needed for public safety, compliance, or investigation.
(2) Complaints may be submitted by vehicle owners, operators, lienholders, insurers, towing companies, City employees, or members of the public. The Police Chief may investigate complaints and may require written responses, records, photographs, invoices, or other information from the towing company.
(3) Failure to cooperate with an audit, inspection, complaint investigation, or records request is grounds for the towing company to be deleted from the City rotation list.
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
9-131 Suspension, Revocation, Removal, And Corrective Action
(1) The Police Chief may deny, suspend, revoke, condition, or refuse to renew a permit; remove a towing company, tow truck, or driver from the City rotation list; or require corrective action for any violation of this chapter, City policy, the Tennessee Manual, applicable law, or public safety standards.
(2) Grounds for being removed from the rotation list include, but are not limited to:
(a) False, misleading, incomplete, or fraudulent application information or records;
(b) Failure to maintain insurance, equipment, tow truck registration, qualified drivers, required training, or storage facilities;
(c) Failure to answer, timely respond to, or properly complete City-requested calls;
(d) Use of unpermitted tow trucks or unqualified drivers;
(e) Overcharging, unauthorized fees, refusal to honor the fee schedule, or failure to provide itemized invoices;
(f) Improper solicitation, kickbacks, referral arrangements, call delegation, or conflicts of interest;
(g) Failure to safeguard vehicles, personal property, cargo, or evidence;
(h) Failure to release vehicles or property when release is legally required;
(i) Failure to comply with notice, recordkeeping, or audit requirements;
(j) Unsafe operations, discourteous conduct, criminal conduct, or conduct creating a risk to the public, the City, or the Police Department;
(k) Any violation of this chapter, the Tennessee Manual, or applicable state or federal law.
(3) The Police Chief may impose immediate temporary suspension when continued participation presents a public safety risk, threatens loss or damage to vehicles or evidence, involves lapsed insurance, or otherwise requires immediate action.
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) A towing company or driver aggrieved by a denial, suspension, revocation, removal, or refusal to renew may file a written appeal with the City Manager within ten (10) calendar days after written notice of the decision, unless a different period is required by law.
(2) The City Manager, or the City Manager's designee, shall review the record and may affirm, reverse, modify, or remand the decision. The City Manager's decision shall be final administrative action of the City unless otherwise provided by law.
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
(1) The City is responsible for payment only for fees and charges the City expressly authorizes or is legally required to pay, including charges associated with vehicles seized, impounded, or held by the Police Department when City payment is required by law, court order, or written authorization.
(2) Except as provided in this section, the City is not responsible for towing, recovery, preservation, storage, administrative, or related charges owed by a vehicle owner, operator, lienholder, insurer, or other responsible party.
HISTORY Amended in its entirety by Ord. 1156 on 6/16/2026
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(1) No person shall interconnect any automatic dialing device to an emergency primary truckline telephone number except one designated for the specific purpose of answering automatic dialing devices. No person shall permit such devices to remain interconnected to an emergency primary trunkline, except one designated for the specific purpose of answering automatic dialing devices, from any property owner or controlled by that person.
(2) The director of the communications department may approve the connection of an automatic dialing device to an emergency primary trunkline phone number installed to answer automatic dialing devices.
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.
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.
(a) That homogeneous and heterogeneous masturbatory acts and other sexual acts, including oral sex acts, could occur in adult-oriented establishments in the city;
(b) That offering and providing such space, areas, and rooms where such activities may take place creates conditions that generate prostitution and other crimes;
(c) That the unregulated operation of adult-oriented establishments would be detrimental to the general welfare, health, and safety of the citizens of the city.
(2) It is the purpose of this chapter to promote and secure the general welfare, health, and safety of the citizens of the city.
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:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttocks;
(c) Female breasts below a point immediately above the top of the areola area; and
(2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.
Specified sexual activities means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts.
(1) Except as provided in subsection (e) of this section, from and after the effective date of the ordinance from which this chapter is derived, no adult-oriented establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the city.
(2) A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult-oriented establishment must have a license for each.
(3) No license or interest in a license may be transferred to any person, partnership, or corporation.
(4) It is unlawful for any entertainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operations of any unlicensed adult-oriented establishment.
(5) All existing adult-oriented establishments at the time of the passage of the ordinance from which this chapter is derived must submit an application for a license within 120 days of the passage of the ordinance from which this chapter is derived on the third and final reading. If a license is not issued within the 120-day period, then such existing adult-oriented establishment shall cease operations.
(1) Any person, partnership or corporation desiring to secure a license shall make application to the city manager. The application shall be filed in triplicate with and dated by the city. A copy of the application shall be distributed promptly by the city manager to the city police department and to the applicant.
(2) The application for a license shall be upon a form provided by the city manager. An applicant for a license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent of the stock of a corporate applicant or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
(a) Name and address, including all aliases.
(b) Written proof that the individual is at least 18 years of age.
(c) All residential addresses of the applicant for the past three years.
(d) The applicant's height, weight, and color of eye and hair.
(e) The business, occupation or employment of the applicant for five years immediately preceding the date of the application.
(f) Whether the applicant previously operated in the county or any other county, city, or state under an adult-oriented establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
(g) All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
(h) Fingerprints and two portrait photographs, at least two inches by two inches, of the applicant.
(i) The address of the adult-oriented establishment to be operated by the applicant.
(j) The names and addresses of all persons, partnerships, or corporations holding any beneficial interest in the real estate upon which such adult-oriented establishment is to be operated, including, but not limited to, contact purchasers or sellers, beneficiaries of land trusts or lessees subletting to the applicant.
(k) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
(l) The length of time the applicant has been a resident of the city or its environs immediately preceding the date of the application.
(m) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all principal shareholders, officers, and directors of the corporation.
(n) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
(o) All inventory, equipment, or supplies which are to be leased, purchased, held in consignment, or in any other fashion kept on the premises or any part or portion thereof for storage, display, another use therein, or in connection with the operation of the establishment, or for resale, shall be identified in writing accompanying the application specifically designating the distributor's business name, address, phone number, and representative's name.
(3) Within ten days of receiving the results of the investigation conducted by the city police department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the city manager shall advise the applicant in writing whether the application is granted or denied.
(4) Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of the receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence as to why is license should not be denied. The city council shall hear evidence as to the basis of the denial and shall affirm or reject the denial of an application at the hearing. If any application for an adult-oriented establishment license is denied by the city council and no agreement is reached with the applicant concerning the basis for denial, the city attorney shall institute suit for declaratory judgment in the chancery court of the county within five days of the date of any such denial and shall seek an immediate judicial determination of whether such license or permit may be properly denied under the law.
(5) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.
(1) To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
(a) If the applicant is an individual:
(i) The applicant shall be at least 18 years of age.
(ii) The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(iii) The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.
(b) If the applicant is a corporation:
(i) All officers, directors, and stockholders required to be named under ACC 9-261(b) shall be at least 18 years of age.
(ii) No officer, director, or stockholder required to be named under ACC 9-261(b) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(iii) No officer, director, or stockholder required to be named under ACC 9-261(b) shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
(c) If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:
(i) No persons having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(ii) No persons having a financial interest in the partnership, joint venture or other type of organization shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
(2) No license shall be issued unless the city police department has investigated the applicant's qualification to be licensed. The results of that investigation shall be filed in writing with the city manager no later than 20 days after the date of the application.
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.
(1) Any person desiring to secure a permit shall make application to the city manager. The application shall be filed in triplicate with and dated by the city manager. A copy of the application shall be distributed promptly by the city manager to the city police department and to the applicant.
(2) The application for a permit shall be upon a form provided by the city manager. An application for a permit shall furnish the following information under oath:
(a) Name and address, including all aliases.
(b) Written proof that the individual is at least 18 years of age.
(c) All residential addresses of the applicant for the past three years.
(d) The applicant's height, weight, and color of eyes and hair.
(e) The business, occupation, or employment of the applicant for five years immediately preceding the date of the application.
(f) Whether the applicant, while previously operating in this or any other city or state under an adult-oriented establishment permit or similar business for whom applicant was employed or associated at the time, has ever had such a permit revoked or suspended, the reason therefor, and the business entity or trade name or where the applicant was employed or associated at the time of such suspension or revocation.
(g) All criminal statutes, whether federal, state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
(h) Fingerprints and two portrait photographs, at least two inches by two inches, of the applicant.
(i) The length of time the applicant has been a resident of the city or its environs immediately preceding the date of the application.
(j) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
(3) Within ten days of receiving the results of the investigation conducted by the city police department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigations, the city manager shall advise the applicant in writing within ten days whether the application is granted or denied.
(4) Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence bearing upon the question. If the city council denies a license application, the city attorney shall, within ten days after the denial, institute a suit for declaratory judgment in state court for review of the denial.
(5) Failure or refusal of the applicant to give information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.
(1) To receive a permit as an employee, an applicant must meet the following standards:
(a) The applicant shall be at least 18 years of age.
(b) The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
(2) No permit shall be issued until the city police department has investigated the applicant's qualifications to receive a permit. The result of that investigation shall be filed in writing with the city manager no later than 20 days after the date of the application.
(3) Whenever an application for a permit as an employee is denied, the applicant may, within ten days of receipt of notification of denial, request a hearing before the city council, at which the applicant may present evidence bearing upon the question. This hearing shall be held by the city council at the next regularly scheduled meeting of the city council which occurs more than five days after the request for a hearing has been filed. If the city council denies the applicant a permit as an employee, the city attorney shall, within ten days after the denial, institute suit for declaratory judgment in state court for review of the denial.
(1) A license fee of $500.00 shall be submitted with the application for a license. If the application is denied, one-half of the fee shall be returned.
(2) A permit fee of $100.00 shall be submitted with the application for a permit. If the application is denied, one-half of the fee shall be returned.
(1) The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
(2) The permit shall be maintained on premises by an employee upon his or her person and shall be displayed upon request of a customer, any member of the city police department, or any person designated by the city council.
(1) Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the city manager. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the city police department and to the operator. The application for renewal shall be upon a form provided by the city manager and shall contain such information and date, given under oath or affirmation, as may be required by the city council.
(2) A license renewal fee of $500.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the applicant is denied, one-half of the total fees collected shall be returned.
(3) If the city police department is aware of any information bearing on the operator's qualifications, the information shall be filed in writing with the city manager.
(4) Every permit issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before an employee is allowed to continue employment in an adult-oriented establishment in the following calendar year. Any employee desiring to renew a permit shall make application to the city manager. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the city police department and to the employee. The application for renewal shall be upon a form provided by the city manager and shall contain such information and data, given under oath or affirmation, as may be required by the city manager.
(5) A permit renewal fee of $100.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $50.00 shall be assessed against the applicant who files for renewal less than 60 days before the license expires. If the application is denied, one-half of the fee shall be returned.
(6) If the city police department is aware of any information bearing on the employee's qualification, that information shall be filed in writing with the city manager.
(1) The city manager shall revoke a license or permit for any of the following reasons:
(a) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
(b) The operator, entertainer, or any employee of the operator, violates any provision of this chapter or any rule or regulation adopted by the city council pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the city council shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(c) The operator or employee becomes ineligible to obtain a license or permit.
(d) Any cost or fee required to be paid by this chapter is not paid.
(e) An operator employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit.
(f) Any intoxicating liquor, cereal malt beverage, narcotic or controlled substance is allowed to be sold or consumed on the licensed premises.
(g) Any operator, employee, or entertainer sells, furnishes, gives, or displays, or causes to be sold, furnished, given or displayed to any minor any adult-oriented entertainment or adult-oriented material.
(h) Any operator, employee, or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented materials are displayed or sold.
(i) Any operator allows continuing violations of the rules and regulations of the county health department.
(j) Any operator fails to maintain the licensed premises in a clean, sanitary, and safe condition.
(2) The city manager, before revoking or suspending any license or permit, shall give the operator or employee at least ten days' written notice of the charges against him or her and the opportunity for a public hearing before the city council, at which time the operator or employee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Whenever a license or permit is revoked by the city manager, the party holding the license or permit may, within ten days of the notice of revocation, request a hearing before the city council, at which time the party holding the license or permit may present evidence bearing upon the question. This hearing shall be held by the city council at the next regularly scheduled meeting of the city council that occurs more than five days after the request for a hearing is filed. If the city council sustains the revocation, the party holding the license or permit may, within ten days thereafter, institute suit in state court.
(3) The transfer of a license or any interest in a license shall automatically and immediately revoke the license. The transfer of any interest in a non-individual operator's license shall automatically and immediately revoke the license held by the operator.
(4) Any operator or employee whose license or permit is revoked shall not be eligible to receive a license or permit for five years from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for two years from the date of revocation of the license.
(1) No adult-oriented establishment shall be open between the hours of 1:00 a.m. and 8:00 a.m. on weekdays or between the hours of 1:00 a.m. and 12:00 midnight on Sundays.
(2) All adult-oriented establishments shall be open to inspection at all reasonable times by the city police department or such other persons as the city council may designate.
(1) The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee and such other information as may be required by the city council. The above information of each employee shall be maintained in the register on the premises for a period of three years following termination.
(2) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the city police department at all reasonable times.
(3) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(4) An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, or renewed.
(5) There shall be posted and conspicuously displayed in the common areas of each adult-oriented establishment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. Viewing adult-oriented pictures shall be considered as entertainment. The operator shall make the list available immediately upon demand of the city police department at all reasonable times.
(6) No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined in this chapter.
(7) Every adult-oriented establishment shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, or stalls wherein adult entertainment is provided shall be visible from the common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It is unlawful to install booths, cubicles, rooms, or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of secluded viewing of adult-oriented motion pictures or other types of adult entertainment.
(8) The operator shall be responsible for and shall provide that any room or area used for the purpose of viewing adult-oriented motion pictures or other types of live adult-oriented entertainment shall be readily accessible at all times and shall be continuously opened to view in its entirety.
(9) No operator, entertainer, or employee of an adult-oriented establishment shall demand or collect all or any portion of a fee for entertainment before its completion.
(10) A sign shall be conspicuously displayed in the common area of the premises and shall read as follows:
"This adult-oriented establishment is regulated by Athens City Code, title 9, chapter 9-X. Entertainers are:
1. Not permitted to engage in any type of sexual conduct;
2. Not permitted to expose their sex organs;
3. Not permitted to demand or collect all or any portion of a fee for entertainment before its completion."
(1) No operator, entertainer, or employee of an adult-oriented establishment shall permit to be performed, offer to perform, perform or allow customers, employees or entertainers to perform sexual intercourse or oral or anal copulation or other contact stimulation of the genitals.
(2) No operator, entertainer, or employee shall encourage or permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.
(3) No operator, entertainer, employee, or customer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the sex organs, breasts, or buttocks of said operator, entertainer, or employee.
(4) No entertainer, employee, or customer shall be permitted to have any physical contact with any other on the premises during any performance, and all performances shall only occur upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest entertainer, employee, and/or customer.
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.
(1) It is unlawful for any person owning or being in charge of any dogs, cats, swine, sheep, horses, mules, or goats, or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle or livestock to knowingly or negligently permit any of them to run at large in any street, alley, or unenclosed lot within the corporate limits. An animal shall be deemed to be running at large unless confined to the owner's premises or accompanied by a person in control of such animal either by leash or by voice commands which such animal will obey.
(2) Any person, including the animal's owner, knowingly or negligently permitting an animal to run at large may be prosecuted under this section even if the animal is picked up and disposed of under other provisions of this chapter, whether or not the disposition includes returning the animal to its owner.
(Code 1972, § 3-101; Code 1995, § 10-101)
10-2 Keeping Near A Residence Or Business Restricted; Exceptions
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.
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
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
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:
(1) Is repeatedly found at large;
(2) Damages the property of anyone other than its owner;
(3) Molests or intimidates pedestrians or passersby;
(4) Chases vehicles;
(5) Excessively makes disturbing noises;
(6) Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
(7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
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.
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.
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.
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.
(1) All animals within the city are declared to be the personal property and subjects of larceny, and it is unlawful for any person, except an officer or authorized agent of the city in the legal performance of his duty, deliberately or by any means, to kill, injure, or detain or to attempt deliberately to kill, injure or detain any animal.
(2) In case of accidental destruction or injury to an animal, the person causing such destruction or injury shall immediately report the same to the owner or to the appropriate city official, giving his name and address.
(3) It is unlawful for any person to place any poison of any description in any place, on his premises or elsewhere, where it may be easily found or taken by any animal.
(4) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.
(1) A person commits a civil offense who intentionally or knowingly:
(a) Tortures, maims or grossly overworks an animal;
(b) Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody;
(c) Abandons unreasonably an animal in the person's custody;
(d) Transports or confines an animal in a cruel manner; or
(e) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose, including, but not limited to, competition in horse shows and similar events.
(2) A person commits a civil offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury in the form of a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty.
(3) If the animal control officer has information that an animal or fowl is being so treated, then he may obtain a warrant and enter upon any premises where the animal or fowl is being kept and demand to examine such animal or fowl, to examine the license for such animal or fowl, and/or to take possession of such animal or fowl when such action is required to ensure its humane treatment. The animal control officer may dispose of such animal or fowl as provided in this chapter. If the animal requires a veterinarian's care, the owner of the animal shall be responsible for all medical expenses.
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.
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.
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.
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.
(1) It is unlawful for any person to own, keep, or harbor any dog or cat more than three months old which has not been vaccinated against rabies as set forth in T.C.A. §§ 68-8-107 and 68-8-108 and as required in this section. Only a vaccine that meets the standards prescribed by the United States Department of Agriculture for interstate sale shall be used.
(2) It shall be the duty of every owner to have his dog or cat vaccinated against rabies after the dog reaches three months of age, the cat six months of age. Regardless of the type of licensed vaccine used or the age of the animal at the time of the first (primary) vaccination, the animal shall be revaccinated one year later. Following the first two vaccinations, booster vaccinations will be due at either one- or three-year intervals in accordance with the approved duration of immunity of the specific vaccine used and the species vaccinated.
(3) The veterinarian making the vaccination shall collect his fee for the same from the owner of the dog or cat, shall issue a vaccination tag, and shall sign and issue certification bearing the owner's name and address, number of vaccination tag issued, date of vaccination, date the dog or cat should be revaccinated, description and sex of the dog or cat vaccinated, the type and lot number of vaccine administered. The certificate shall be prepared in triplicate; the original shall be given to the owner, the first copy filed in the office of the local health department, and the second copy retained by the person administering the vaccine. The certificate form shall be the same as prepared and distributed by the state department of public health.
(4) It is unlawful for any owner to own, keep, harbor or to permit to remain on or about the premises of such owner any dog/cat that does not wear a tag evidencing that the dog or cat has been vaccinated.
(1) When there is a violation of any section of this title or a violation of any state law with respect to animals, an officer of the city may seize the animal and impound such animal in the city animal shelter following the issuance of a warrant by the city judge or any other judge authorized to issue a warrant, or under circumstances where a warrant is not required under applicable law, when the seizure and impoundment is deemed reasonable and necessary by the officer to:
(a) Remove the animal from a substantial risk of harm;
(b) Prevent the animal from causing harm or danger to other animals, persons or property; or
(c) Preserve evidence of a violation of a city ordinance or state law.
(2) When an animal is seized or impounded, the officer shall make a reasonable effort to determine the owner of the animal. When the owner of the animal is ascertained, the officer shall notify the owner in writing of the seizure and impoundment by delivery of such written notice in person or by posting mail to the last known address of the owner within 24 hours of ascertaining the owner of the animal.
(3) Any animal seized and impounded pursuant to this section shall remain impounded under the circumstances as follows:
(a) If the animal has been seized pursuant to ACC 10-88 for running at large and the owner cannot be ascertained, the provisions of ACC 10-88 apply.
(b) If the owner has been issued a citation or been arrested for a violation of any section of this title or state law, the animal shall remain impounded until the disposition of the case if the animal control officer for the city has reason to believe that the animal poses a threat of harm to other animals, persons or property if released to the owner prior to disposition of the case or the animal control officer has reason to believe that the animal had been abused or neglected prior to impoundment and returning the animal to the owner exposes the animal to a risk of further abuse and neglect which threatens the safety and health of the animal if released to the owner prior to disposition of the case.
(4) This section shall not be interpreted to void any other section of this title with all sections to be given full effect and enforcement, and if there is any inconsistency, this section shall control.
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.
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.
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.
(1) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into the custody of the city.
(2) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of same.
(3) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all monies belonging to the city. His records shall be opened to inspection at all reasonable times by such persons responsible for similar records of the city and shall be audited by the city annually in the same manner as other city records are audited.
(Code 1972, § 3-110; Code 1995, § 10-110)
10-92 Interference With Animal Control Officer Prohibited
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
(1) When a person violates any traffic ordinance, law, or regulation of the city, to prevent the violator's arrest and issuance of a warrant against him or her, the offender must sign an agreement to appear at the time and place indicated and waive the issuance and service of a warrant upon him or her.
(2) If the offender signs the agreement and waiver as provided herein and then fails to appear for trial at the time and place designated, then the city court shall immediately issue a warrant against the offender for the offense committed and an additional warrant for the offense of violating his or her agreement to appear as provided in the agreement. The warrants shall then be served upon the offender as provided by law.
(3) It is the intention of this section to adopt and comply with T.C.A. §§ 7-63-101 through 7-63-106, as amended. The sections are here referred to and made a part hereof, i.e., making it a civil offense for an offender to sign an agreement to appear in city court for the violation of the city code, law or regulation, and then fail to do so.
(Code 1972, § 10-237; Code 1995, § 11-806)
CHAPTER 11-II OFFENSES AGAINST THE PEACE AND QUIET
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.
(1) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Noise level means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).
Sound level meter means an instrument meeting American National Standard Institute's Standard Sl.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(2) Prohibited generally. Noise of such character, intensity, and/or duration as to be unreasonably loud and disturbing or in disturbance of the public peace and welfare, wherever and by whomever committed, is prohibited and declared to be a nuisance.
(3) Noise standards. It is also specifically prohibited and declared to be a nuisance for any person at any location within the city to create such noise, as described in subsection (b) of this section, on property owned, leased, occupied, or otherwise controlled by such person. Where the resulting noise level, when measured on any other property within the city, exceeds the noise standards below, this in and of itself shall constitute violation of this subsection. Sound level meter evidence, however, is not required in order to show violation, which may also be established by other evidence.
Noise Standards
Noise Level
Time Period
55 dB(A)
7:00 a.m.--10:00 p.m.
50 dB(A)
10:00 p.m.--7:00 a.m.
(4) Miscellaneous prohibited noises enumerated. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(a) Blowing horns. The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
(b) Radios, phonographs, etc. The playing of any radio, phonograph, or any musical instrument or sound device, including, but not limited to, loudspeakers or other devices for reproduction or amplification of sound, either independently of or in connection with motion pictures, radio or television, in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of person in any office or hospital, or in any dwelling, hotel or other type of residence, or of any person in the vicinity.
(c) Yelling, shouting, hooting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or other type of residence or of any person in the vicinity.
(d) Pets. The keeping of any animal, bird or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity.
(e) Use of vehicle. The use of any automobile, motorcycle, streetcar, or vehicle so out of repair, so loaded, or in such manner as to cause loud and unnecessary grating, grinding, rattling or other noise.
(f) Blowing whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper municipal authorities.
(g) Exhaust discharge. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(h) Building operations. The erection (including excavation), demolition, alteration, or repair of any building in any residential area or section or the construction or repair of streets and highways in any residential area or section, other than between the hours of 7:30 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the city manager granted for a period while the emergency continues not to exceed 30 days. If the city manager should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:30 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest through delay, he may grant permission for such work to be done between the hours of 6:00 p.m. and 7:30 a.m. upon application being made at the time the permit for the work is awarded or during the process of the work.
(i) Noises near schools, hospitals, churches, etc. The creation of any excessive noise on any street adjacent to any hospital or adjacent to any school, institution of learning, church or court while the same is in session.
(j) Loading and unloading operations. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates, and other containers.
(k) Noises to attract attention. The use of any drum, loudspeaker or other instrument or device emitting noise for the purpose of attracting attention to any performance, show or sale or display of merchandise.
(l) Loudspeakers or amplifiers on vehicles. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes.
(5) Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against:
(a) Municipal vehicles. Any vehicle of the city while engaged upon necessary public business.
(b) Repair of streets, etc. Excavations or repairs of bridges, streets, or highways at night, by or on behalf of the city, the county, or the state, when the public welfare and convenience renders it impracticable to perform such work during the day.
(c) Noncommercial and nonprofit use of loudspeakers or amplifiers. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character and in the course of advertising functions sponsored by nonprofit organizations. However, no such use shall be made until a permit therefor is secured from the city manager. Hours for the use of an amplified or public address system will be designated in the permit so issued and the use of such systems shall be restricted to the hours so designated in the permit.
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.
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
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:
(1) Applications for a permit shall be made in writing to the city manager.
(2) The application shall contain such information as the city manager shall direct, including, but not limited to, the following: the name of the person, firm, or corporation desiring such permit, the name of the person supervising such activity, the location where such activity will be conducted, the provisions for the safety of the public, a diagram of the shooting area, the dates when such shooting will be conducted, and the financial responsibility of such applicant.
(3) If the city manager finds that reasonable safety precautions have been taken, and that the applicant is financially responsible, or has sufficient liability insurance coverage, he may issue a permit to engage in such activity together with a list of conditions and limitations the city manager deems advisable.
(4) Permits issued under this section may be revoked by the city manager without notice if, in his opinion, the public welfare requires it.
(1) Public premises. On premises open to the public it shall be a civil offense for any person to defy a lawful order, personally communicated to him by the owner or other authorized person, not to enter or remain upon the premises of another, including premises which are at the time open to the public. The owner of the premises, or his authorized agent, may lawfully order another not to enter or remain upon the premises if such person is committing, or commits, any act which interferes with, or tends to interfere with, the normal, orderly, peaceful or efficient conduct of the activities of such premises.
(2) Closed or partially closed premises. On premises closed or partially closed to public, it shall be a civil offense for any person to knowingly enter or remain upon the premises of another which is not open to the public, notwithstanding that another part of the premises is at the time open to the public.
(3) Vacant buildings. It shall be a civil offense for any person to enter and remain upon the premises of a vacated building after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
(4) Lots and buildings in general. It shall be a civil offense for any person to enter or remain on or in any lot or parcel of land or any building or other structure after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
(5) Peddlers and similar merchants. It shall also be a civil offense and deemed to be a trespass for any peddler, canvasser, solicitor, transient merchant, or other person to fail to promptly leave the private premises of any person who requests or directs him to leave.
(1) Definitions. Unless the context requires, otherwise the following definitions apply to this section.
(a) To Camp means to set up or remain in or at a campsite.
(b) Campsite means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
(2) Sleeping on sidewalks, streets, alleys, or within doorways prohibited.
(a) No person may sleep on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.
(b) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
(c) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises.
(3) Camping Prohibited. No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly owned property or under any bridge or viaduct, unless:
(a) Otherwise specifically authorized by this code, or
(b) By a formal declaration of the Mayor in emergency circumstances, or
(c) Upon Council resolution, the Council may exempt a special event from the prohibitions of this section, if the Council finds such exemption to be in the public interest. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the Council shall specify the exact dates and location covered by the exemption.
(4) Removal of campsite on public property. Upon discovery of a campsite on public property, citation of those within the campsite by the Police Department may occur followed by removal of the campsite by the Public Works Department under the following circumstances:
(a) Prior to removing the campsite, the City shall post a notice, 24-hours in advance; and
(b) At the time a 24-hour notice is posted, the City shall inform a local agency (delivering social services to homeless individuals) of the location of the campsite; and
(c) After the 24-hour notice period has passed, the Public Works Department is authorized to remove the campsite and all personal property related thereto with supervision of the Police Department to ensure no breach of the peace occurs.
(5) Disposition and release of personal property. For purposes of this Chapter, "personal property" means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence (as provided above) shall be stored by the City of Athens for a minimum of thirty (30) calendar days, during which time it shall be reasonably available for and released to an individual confirming ownership.
(6) Mitigation. Upon conviction for a violation of this Chapter, in addition to any other factors deemed appropriate by the Court, the Court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including but not limited to bottles, cans, rubbish and garbage from the campsite after being informed it was in violation of the law.
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.
(1) Administrator. 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.
(2) Community development director. The city has established a department to be called the department of community development, which shall be in charge of the building programs. The community development director shall be appointed by and serve at the pleasure of the city manager.
(3) Inspectors. The community development director, with the approval of the city manager, may appoint such number of officers, inspectors, assistants, and other employees as shall be authorized from time to time.
(4) Board of housing appeals. Section 113 of the building code, board of appeals, is amended in its entirety to read as follows:
"The board of housing appeals provided for in section 12-135 of the Athens City Code is designated to serve also as the board of adjustments and appeals for the building code.
Three members of the board shall constitute a quorum. In varying the application of any provisions of this code or in modifying an order of the community development director, affirmative votes of the majority present, but not less than three affirmative votes, shall be required. No board member shall act in a case in which he has a personal interest.
The community development director shall act as secretary of the board of adjustments and appeals and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote.
The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board may meet at regular intervals, to be determined by the chairman, or in any event, the board shall meet within ten days after notice of an appeal has been received."
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.
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.
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.
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.
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.
(1) When the plumbing code refers to the "chief appointing authority," or the "administrative authority," it shall be deemed to be a reference to the city manager.
(2) When the city engineer, engineering department, plumbing official, or inspector is named or referred to, it means the person appointed or designated by the city manager to administer and enforce the provisions of the plumbing code.
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.
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.
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."
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.
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.
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.
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.
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.
(1) Title. This chapter and the code herein adopted by reference shall be known as the gas code of the city and may be cited as such.
(2) Definitions. The following words, terms and phrases, when used in this chapter, for the purpose of interpretation and administration of the gas code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Certain appliances means conversion burners, floor furnaces, central heating plants, vented wall furnaces, water heaters, and boilers.
Certificate of approval means a document or tag issued and/or attached by the inspector to the inspected material, piping, or appliance installation, filled out, together with the date and address of the premises, and signed by the inspector.
Gas company means any person distributing gas within the corporate limits or authorized and proposing to so engage.
Inspector means the person appointed as inspector and shall include each assistant inspector, if any, from time to time acting as such under this chapter by appointment of the city manager.
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.
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.
(1) No person shall engage in or work at the installation, extension, or alteration of a consumer's gas piping or certain gas appliances, until such person shall have secured a license as hereinafter provided and shall have executed and delivered to the city manager a good and sufficient bond in the penal sum of $25,000.00, with corporate surety, conditioned for the faithful performance of all such work, entered upon or contracted for in strict accordance and compliance with the provisions of the gas code. The bond herein required shall expire on January 1 next following its approval by the city manager, and, thereafter, on January 1 of each year a new bond, in form and substance as herein required, shall be given by such person to cover all such work as shall be done during such year.
(2) Upon approval of the bond, the person desiring to do such work shall secure from the city manager a nontransferable license which shall run until January 1 next succeeding its issuance, unless sooner revoked. The person obtaining a license shall pay any applicable license fees to the city manager.
(3) Nothing herein contained shall be construed as prohibiting an individual from installing or repairing his own appliances or installing, extending, replacing, altering, or repairing the consumer's piping on his own premises, or as requiring a license or a bond from an individual doing such work on his own premises; provided, however, all such work must be done in conformity with all other provisions of the gas code, including those relating to permits, inspections, and fees.
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.
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.
(1) The inspector is authorized to disconnect any gas piping or fixture or appliance for which a certificate of approval is required but has not been issued with respect to same or which, upon inspection, shall be found defective or in such condition as to endanger life or property. In all cases where such a disconnection is made, a notice shall be attached to the piping, fixture, or appliance disconnected by the inspector, which notice shall state that the same has been disconnected by the inspector, together with the reason therefor, and it is unlawful for any person to remove the notice or reconnect the gas piping or fixture or appliance without authorization by the inspector and such gas piping or fixture or appliance shall not be put in service or used until the inspector has attached his certificate of approval in lieu of his prior disconnection notice.
(2) It shall be the duty of the inspector to confer from time to time with representatives of the local health department, the local fire department, and the gas company, and otherwise obtain from proper sources all helpful information and advice, presenting same to the appropriate officials from time to time for their consideration.
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.
(1) When only temporary use of gas is desired, the inspector may issue a permit for such use for a period of not to exceed 60 days, provided the consumer's gas piping to be used is given a test equal to that required for a final piping inspection.
(2) Except when work in a public street or other public way is involved, the gas company shall not be required to obtain permits to set meters, or to extend, relocate, remove, or repair its service lines, mains, or other facilities, or for work having to do with its own gas system.
(1) A rough piping inspection shall be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been attached thereto.
(2) A final piping inspection shall be made after all piping authorized by the permit has been installed and after all portions thereof which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been attached thereto. This inspection shall include a pressure test, at which time the piping shall stand an air pressure equal to not less than the pressure of a column of mercury six inches in height, and the piping shall hold this air pressure for a period of at least ten minutes without any perceptible drop. A mercury column gauge shall be used for the test. All tools, apparatus, labor, and assistance necessary for the test shall be furnished by the installer of such piping.
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.
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.
(1) The fees for inspecting conversion burners, floor furnaces, boilers, or central heating plants shall be $1.50 for each unit.
(2) The fees for inspecting vented wall furnaces and water heaters shall be $1.00 for each unit.
(3) If the inspector is called back, after correction of defects noted, an additional fee of $1.00 shall be made for each such return inspection.
(4) Any and all fees shall be paid by the person to whom the permit is issued.
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.
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.
(1) Every building used in whole or in part as a dwelling unit or as two or more dwelling units shall conform to the requirements of this chapter, irrespective of the class to which such buildings may otherwise belong, and irrespective of when such buildings may have been constructed, altered or repaired.
(2) No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of ACC 12-119 through ACC 12-129.
(1) Generally. When the words "dwelling," "dwelling unit," "roominghouse," "rooming unit," or "premises" are used in this chapter, they shall be construed as though they were followed by the words, "or any part thereof."
(2) Terms defined. 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:
Approved means constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent provisions of this Code and with rules and regulations adopted pursuant hereto.
Basement means a portion of a building located partly underground but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
Board of housing appeals means the board established by ACC 12-135.
Cellar means a portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
Dwelling means any building or structure, or part thereof, used and occupied for human habitation or intended to be so used and includes any outhouses and appurtenances belonging thereto and enjoyed therewith.
Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
Extermination means the control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the inspector.
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets or storage spaces.
Household means all persons who occupy a dwelling unit. A person living alone or any group of persons sharing a dwelling unit is a household.
Infestation means the presence, within or around a dwelling, of any insects, rodents, or other pests.
Inspector means the person designated by the city manager to carry out the duties of inspector as stated in ACC 12-131 through ACC 12-135.
Multiple dwelling means any dwelling containing more than two dwelling units.
Occupant means any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
Ordinary minimum winter conditions means a temperature of zero degrees Fahrenheit.
Owner means and includes a holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not.
Parties in interest means all individuals, associations, partnerships, corporations, and others who have any interest in a dwelling and any who are in possession or control thereof as agent of the owner or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the owner shall be bound to comply with the provisions of this chapter and of the rules and regulations adopted pursuant hereto, to the same extent as if he were the owner.
Plumbing means and includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
Premises means any platted or unplatted lot, parcel or plot of land, improved or unimproved with any dwelling or non-dwelling structure.
Public hall means any hall, corridor or passageway not within the exclusive control of one family.
Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the occupant to three or more persons who are not husband, wife, son, daughter, mother, father, sister or brother of the occupant.
Rubbish means all waste materials, except garbage. The term "rubbish" shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust.
Single unit dwelling means a dwelling occupied by one family alone.
Supplied means paid for, furnished, or provided by, or under the control of, the owner or operator, his agents or representatives.
Water closet means a toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system.
Workmanlike state of maintenance and repair means in such a state as to comply with all codes and ordinances pertaining to construction of buildings and installation of utilities.
(1) Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room in such dwelling shall contain one electric outlet, and every bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall type electric light fixture. Every such outlet and fixture shall be in working condition and installed in accordance with the requirements of the electric code.
(2) Every habitable room shall have at least one window or skylight facing directly to the outside or other means of lighting which is approved as adequate by the inspector. The minimum total window area for every habitable room shall be ten percent of the total floor area of such room unless the only window in the room is the skylight type, then the minimum total window area shall be 15 percent of total floor area of such room, except where other means of artificial lighting are approved.
(3) Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in a structure containing not more than four dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting.
(4) Bathrooms shall conform to the lighting requirements for habitable rooms.
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.
(1) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms and bathrooms.
(2) All gas-burning room heaters shall be vented to the outside air by a smoke pipe or flue. Rubber tube or armored rubber tube connections on gas heating fixtures are prohibited.
(Code 1972, § 4-505; Code 1995, § 12-505)
12-122 Minimum Standards--Basic Equipment And Facilities
The following minimum standards for basic equipment and facilities are prescribed:
(1) Water supply. There shall be a potable supply of running water piped into each dwelling unit.
(2) Sewerage. In every dwelling, plumbing fixtures shall be properly installed, properly connected to the water supply and sewer systems, approved by the inspector and maintained in good working order.
(3) Sanitary equipment. Every dwelling unit shall contain a sink, tub or shower, and a lavatory in a room affording privacy, properly connected to a hot water supply and sewer system.
(4) Sink. Every dwelling unit shall contain a kitchen sink which is properly connected to the hot water supply and sewer system.
(5) Water closets. Every dwelling unit shall have a flush type water closet located therein.
(6) Water heating facilities. Every dwelling shall have water heating facilities properly connected to the water piping system, and such facilities shall have a capacity to supply a sufficient quantity of water to each fixture connected at a minimum temperature of 120 degrees Fahrenheit.
No cellar space shall be used as a habitable room. Basement space may be used as a habitable room if:
(1) The windows are sufficiently above the lot's ground level so as to allow the room to meet requirements of habitable rooms as to light and ventilation (ACC 12-119 and ACC 12-120);
(2) The floors below grade level of the lot are impervious to water and free from dampness at all times; and
(3) The clear inner height is at least six feet eight inches, and no pipes or beams are below six feet from the floor level.
The number of persons occupying any dwelling unit shall be limited by the following requirements:
(1) Sleeping rooms. Every sleeping room for one occupant shall have at least 70 square feet of floor space or, if occupied by more than one person, at least 50 square feet per occupant.
(2) Size of dwelling unit. The total of all habitable rooms in a dwelling unit shall be such as to provide at least 600 square feet of floor space for the first occupant and 100 square feet of floor space for each additional occupant, provided that, in the case of municipally sponsored low rental housing, the size of an efficiency dwelling unit that combines the living room and bedroom shall have at least 500 square feet of floor space for the first occupant and 100 square feet for each additional occupant.
(3) Minimum height of habitable rooms. Every habitable room shall be not less than seven feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of a room having a ceiling height of less than five feet shall not be considered in computing the total floor area for such room.
(4) Minimum floor area, width. No habitable room shall contain less than 70 square feet of floor area, nor shall the least horizontal dimension of such room be less than seven feet.
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.
(1) During that portion of each year extending from May 1 through September 30, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device, and every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be equipped with screens or other insect deterrents. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be permanently equipped with screens or such other device as will effectively prevent their entrance.
(2) During the summer months, there shall be no standing pools of water which might provide a breeding place for mosquitoes.
(3) Dwellings should be free from rodents and other vermin at all times. Responsibility for extermination rests with the occupant or owner as set forth in ACC 12-127 and ACC 12-128.
(1) The responsibilities of the occupant are as follows:
(a) To keep the dwelling and premises he controls and occupies in a clean and sanitary condition.
(b) To dispose of rubbish and garbage in a clean and sanitary manner as prescribed by city regulations.
(c) To hang and remove screens provided by the owner except where the owner has agreed to supply such services.
(d) To keep plumbing fixtures therein in a clean and sanitary condition and to exercise reasonable care in the proper use and operation thereof.
(e) To exterminate in the following cases:
(i) The occupant of a single dwelling is responsible for extermination of any insects, rodents or other pests therein or on the premises.
(ii) The occupant of a dwelling unit in a multiple-unit structure is responsible for extermination of any insects, rodents or other pests if his unit is the only unit infested.
(2) Notwithstanding subsection (a) of this section, whenever infestation is caused by the failure of the owner to maintain the dwelling in a ratproof or reasonably insectproof condition, the occupant is not responsible for extermination of any insects, rodents, or other pests therein.
(1) To let no dwelling to anyone for occupancy unless it meets minimum standards set forth in ACC 12-119 through ACC 12-129.
(2) To have the dwelling in a clean, sanitary and habitable condition; to free from infestation before renting; to paint walls and ceilings and to clean, repair and exterminate if necessary to meet stated requirements before offering for rent.
(3) To provide screens to be hung.
(4) To exterminate in the following cases:
(a) When infestation exists in two or more units of a multiple-unit structure.
(b) When infestation exists in shared or public areas of a multiple-unit structure.
(c) When infestation exists in a single unit of a multiple-unit structure or in a single-unit structure when infestation is due to failure of the owner to maintain the dwelling in a ratproof and reasonably insectproof condition.
(5) To keep vacant buildings locked. It shall be the duty of the owner of any vacant building within the city to keep all doors, windows and other openings in such building locked or otherwise secured so as to prevent unauthorized persons from entering such buildings.
(6) To secure damaged buildings. It shall be the duty of the owner of any building which has been damaged by fire, wind or any other act of God or man to fence or close all openings or otherwise secure such building within ten days from the date of damage to the building so as to prevent children or any unauthorized person from entering.
All dwelling structures shall be watertight, weatherproof, rodentproof and insectproof and in good repair.
(1) Every foundation, exterior wall and roof shall be reasonably watertight, weathertight and rodentproof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair.
(2) Every interior partition, wall, floor and ceiling shall be reasonably tight, capable of affording privacy and maintained in a workmanlike state of repair and in a clean and sanitary condition.
(3) All rainwater shall be so drained and conveyed from every roof and the lot shall be so graded and drained as not to cause dampness in the walls, ceiling, floors or basement of any dwelling.
(4) Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be maintained in sound condition and repair.
(5) Every inside and outside stairway, every porch and every appurtenance thereto shall be so constructed as to be safe for use and capable of supporting the load that normal use may cause to be placed thereon and shall be maintained in sound condition and repair.
(6) Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in a sanitary working condition, free from defects, leaks and obstructions.
(7) Every toilet, bathroom and kitchen floor shall be constructed and maintained so as to be reasonably impervious to water, and such floor shall be kept in a clean and sanitary condition.
(8) Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely and effectively and shall be maintained in good working condition.
No person shall operate a roominghouse or let to another for occupancy any room unless such roominghouse or room complies with the following requirements:
(1) Every roominghouse and room shall comply with the minimum standards set forth in ACC 12-119, 12-120, 12-121 and 12-124 as to light, ventilation, heating and space requirements.
(2) Every roominghouse shall be equipped with at least one flush water closet, one lavatory and one tub or shower for each eight persons or fraction thereof within the roominghouse, including members of the family if they are to share the use of the facilities. In roominghouses in which rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of water closets. All such facilities shall be properly connected to the water supply and sewer systems.
(3) Every flush water closet, flush urinal, lavatory, tub or shower required in subsection (b) of this section shall be located within the roominghouse in a room which:
(a) Affords privacy.
(b) Is accessible by a common hall without going outside the roominghouse.
(c) Is accessible from a common hall without going through sleeping quarters of others.
(d) Is not more than one story removed from the room of any occupant intended to share the facilities.
(4) Where bedding, bed linen or towels are supplied, the operator shall maintain the bedding in a clean and sanitary manner and shall furnish clean bed linen and towels at least once each week and prior to the letting of any room to an occupant.
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.
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.
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.
(1) When at least five residents of the city charge that any dwelling is unfit for human habitation, or whenever the inspector determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant hereto, he shall give notice to the person responsible therefor. Such notice shall:
(a) Be in writing.
(b) Include such description of the real estate as is sufficient for identification.
(c) Include a statement of the reason why the notice is being issued.
(d) Inform the violator of his right to petition for a hearing before the board of housing appeals and specify that this petition must be received within 20 days after the notice was served.
(e) Be served upon the owner, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such violator if a copy thereof is delivered to him personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, and the inspector shall make an affidavit to that effect, then the serving of such notice or order may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the city, or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the dwelling is located. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the notice or order. A copy of such notice or order shall also be filed for record in the register's office of the county in which the dwelling is located, and the filing of such notice or order shall have the same force and effect as other lis pendens notices provided by law.
(2) Such notice may include an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant hereto.
(1) The city has created and established a board of housing appeals which shall consist of the community development director and five members with two alternative members appointed by the mayor and approved by a majority vote of the city council. The members of the board of housing appeals shall also serve as the members of the board of adjustments and appeals established in ACC 12-2 and shall have the qualifications enumerated in the 2018 International Building Code, Appendix B, [A]B101.2.2.
(2) All appointed members shall be registered voters of the city and they shall not receive any remuneration for their services. Initially, two members shall be appointed for two-year terms, and three for three-year terms, and they may be reappointed at the expiration of their terms. All future appointments shall be for two-year terms. The appointed members shall not be candidates for public office at the time of their appointment, and if later they become such, they must retire from the board. A vacancy shall be filled by the mayor for the unexpired term of the member whose term becomes vacant. The members shall be removable for cause by the mayor upon written charges and after a public hearing.
(3) The board shall meet within ten days after its appointment and shall elect a chairman from among its membership. The elected member shall be chairman until the expiration of his term. A vice-chairman shall also be elected. His duties are to assume the responsibilities of the chairman in the latter's absence. The duties of the chairman are to preside over the hearings and to question petitioners. The chairman may vote on all matters. The rules of evidence prevailing in courts of law and equity shall not be controlling on hearings. The community development director shall serve as the permanent secretary of the board, but he shall not vote on any matter. The board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.
(4) The community development director shall call meetings and shall notify board members. In open meetings, the board shall hear appeals. The city attorney shall act as counsel for the city at the proceedings. The presence of three members shall constitute a quorum and the concurring vote of three members shall be necessary to reverse or modify any order or notice of the inspector. The proceedings at such hearings, including the findings and decisions of the board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the city.
(5) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the board, provided that such person shall file in the office of the city a written petition requesting such hearing and setting forth a statement of the grounds therefor within 20 days after the date the notice was served. Within ten days after receipt of the petition, the community development director shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should be modified or withdrawn. The hearing before the board shall be commenced not later than 30 days after the date on which the petition was filed, provided that, upon written application of the petitioner to the board, the date of the hearing may be postponed beyond the 30-day period if the petitioner shows good and sufficient reason why it should be postponed. Any notice served automatically becomes an order if a written petition for hearing is not filed in the office of the city within 20 days after the notice is served.
(Code 1972, § 4-519; Code 1995, § 12-519)
(NOTE: Also referred to as Board of Adjustment & Appeals.)
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.
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.
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.
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
(1) It is found and declared that there exist in the city structures used for commercial, business, or industrial use which are, or may become in the future, substandard with respect to structure, equipment, or maintenance, or further, that such conditions, including, but not limited to, structural deterioration, lack of maintenance, and appearance of exterior of premises, infestation, plumbing, lack of maintenance or upkeep of essential facilities and utilities, existence of fire hazards, inadequate provisions for light and air and unsanitary conditions, constitute a menace to the health, safety, morals, welfare, and reasonable comfort of the citizens and inhabitants of the city. It is further found and declared that, by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums and that, if the same are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of neighborhoods enhanced, and the public health, safety, and welfare protected and fostered.
(2) The purpose of this chapter is to protect the public health, safety, morals, and welfare by establishing minimum standards governing the maintenance, appearance, and condition of commercial, business, and industrial premises; to establish minimum standards governing utilities, facilities, and other physical components and conditions essential to make the facilities fit for occupancy and use; to fix certain responsibilities and duties upon owners and operators; to authorize and establish procedures for the inspection of commercial, business, and industrial premises; to fix penalties for the violations of this chapter, and to provide for the repair, demolition, or vacation of commercial, business, or industrial premises. This chapter is declared to be remedial and essential for the public interest and it is intended that this chapter be liberally construed to effectuate the purposes as stated herein.
(1) Meaning of certain words. When any words are used in this chapter, they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and/or as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.
(2) Terms defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Accessory structure means a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises.
Building means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business, or storage purposes.
Building code means the building code of the city.
Code officer means the person appointed to administer and enforce the provisions of this chapter as well as all the housing codes under this title.
Deterioration means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance.
Exposed to public view means any premises, or any part thereof, or any building, or any part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open air parking lot, or from any adjoining or neighboring premises.
Exterior of premises means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
Extermination means the control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible material that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other approved means of pest elimination.
Fire chief means the fire chief of the city.
Fire hazard means any thing or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or which may obstruct, delay, or hinder or may become the cause of an obstruction, a delay, a hazard or a hindrance to the prevention, suppression, or extinguishment of fire. (Also see Nuisance.)
Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. (Also see Refuse and Rubbish.)
Health officer means the health officer of the Hiwassee Health District.
Infestation means the presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.
Mixed occupancy means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
Nuisance means:
(a) Any public nuisance known as common law or in equity jurisprudence, or as provided by state law or this Code.
(b) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot. The term "attractive nuisance" includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation such as poison ivy, oak, or sumac, which may prove a hazard for inquisitive minors.
(c) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
(d) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Code.
(e) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
(f) Fire hazards.
Operator means any person who has charge, care, or control of premises, or a part thereof, whether with or without the knowledge and consent of the owner.
Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of premises, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession either by virtue of a court order or by voluntary surrender by the person holding the legal title. Any person who is a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
Plumbing means all of the following supplies, facilities, and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines and water pipes and lines utilized in conjunction with air conditioning equipment.
Premises means a lot, plot, or parcel of land including the buildings or structures thereon.
Refuse means all putrescible and non-putrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. (Also see Garbage and Rubbish.)
Registered mail means registered mail or certified mail.
Room means space in an enclosed building or space set apart by a partition.
Rubbish means non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. (Also see Garbage and Refuse.)
Sanitary sewer means any sanitary sewer owned, operated, and maintained by the city and available for public use for the disposal of sewage.
Sewage means waste from a flush toilet, bathtub, sink, lavatory, dishwashing or laundry machine, or the water-carried waste from any other fixture or equipment or machine.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
Structure means a combination of any materials, whether fixed or portable, forming a construction, including buildings.
Washroom means an enclosed space containing one or more bathtubs, showers, or both, and which shall also include toilets, lavatories, or fixtures serving similar purposes.
Water closet compartment means an enclosed space containing one or more toilets which may also contain one or more lavatories, urinals, and other plumbing fixtures.
Weathering means deterioration, decay, or damage caused by exposure to the elements.
(1) Applicability. Every commercial, business, or industrial establishment and the premises on which it is situated in the city used or intended to be used for commercial, business, or industrial occupancy shall comply with the provisions of this chapter, whether or not such building shall have been constructed, altered, or repaired before or after the enactment of the ordinance from which this chapter is derived and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of the ordinance from which this chapter is derived. This chapter establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities contained therein, except as provided in subsection (b) of this section. Where there is mixed occupancy, any commercial, business, or industrial use therein shall be nevertheless regulated by and subject to the provisions of this chapter.
(2) Higher standard to prevail in case of conflict with other ordinances or laws. In any case where the provisions of this chapter impose a higher standard than set forth in any other ordinances of the city or under state law, then the standard as set forth herein shall prevail, but if the provisions of this chapter impose a lower standard than any other ordinance of the city or state law, then the higher standard contained in any such other ordinance or law shall prevail.
(3) Issuance and renewal of other permits and licenses. After the date of enactment of the ordinance from which this chapter is derived, all licenses and permits shall be issued upon compliance with this chapter as well as compliance with the ordinance under which such licenses and permits are granted.
(4) Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any other ordinance of the city applicable to any structure or premises, nor shall any provision herein relieve any owner or operator from complying with any such other provision or any official of the city from enforcing any such other provision.
(Code 1972, § 4-603; Code 1995, § 12-603)
12-165 Duties And Responsibilities Of Owner And Operator
(1) Maintenance of exterior of premises. The exterior of the premises and of all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians, and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:
(a) Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, and accumulations of filth, garbage, trash, refuse and debris.
(b) Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating condition or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
(c) Overhangings. Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
(d) Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretions of pets and other animals on paths, walks, driveways, parking lots, and parking areas, and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced, and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
(e) Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
(f) Sources of infestation.
(g) Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
(h) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents, or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, and shall be structurally safe, durable, smoke-tight, and capable of withstanding the action of flue gases.
(i) Exterior porches, landings, balconies, stairs and fire escapes. Exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects.
(2) Appearance of exterior of premises and structures. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the city, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values, including the following:
(a) Landscaping. Premises shall be kept landscaped and lawns, hedges, and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor depreciating adjoining property.
(b) Signs and billboards. All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed forthwith or put into a good state of repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
(c) Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. No storage of materials, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view unless the areas are first screened from the public view by drapes, venetian blinds, or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
(d) Store fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
(e) Signs or advertisements; removal. Except for "for rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected, or within 60 days after erection, whichever shall sooner occur. Except during the course of repairs or alterations, no more than 33 1/3 percent of the square footage of any single window or single window display area shall be devoted to signs or other temporary advertising material attached to the window or otherwise exposed to public view.
(f) Awnings and marquees. Any awning or marquee and its accompanying structural members which extend over any street, sidewalk, or any other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed forthwith. In the event the awnings or marquees are made of cloth, plastic, or of a similar material, the cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks, or other parts of the public domain.
(3) General maintenance. The exterior of every structure or accessory structure (including fences, signs, and store fronts) shall be maintained in good repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
(a) Reconstruction of walls and sidings. All reconstruction of walls and sidings shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the values of neighboring and adjoining premises.
(b) Floors, interior walls, and ceilings. Floors, interior walls, and ceilings of every structure shall be structurally sound and maintained in a clean and sanitary condition.
(c) Floors generally. Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be smooth, clean, and free from cracks, breaks, and other hazards.
(d) Washroom and water closet compartment floors. Washroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean, and sanitary condition at all times.
(e) Supporting structural members. Supporting structural members are to be kept structurally sound, free of deterioration, and capable of bearing imposed loads safely.
(f) Walls and ceilings generally. Walls and ceilings shall be considered to be in good repair when clean, and free from cracks, breaks, loose plaster, and similar conditions. Walls shall be provided with paint, paper sealing material, or other protective covering so that the walls and ceilings shall be kept clean, free of visible foreign matter, sanitary, and well-maintained at all times.
(g) Lighting of washrooms. Every washroom and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short-circuiting from water from other bathroom facilities or from splashing of water.
(h) Electrical service generally. All premises shall be properly connected to and provided with electric power through safely insulated conductors conforming to the National Electrical Code and the local requirements of the Athens Utilities Board.
(i) Loose or exposed wiring. Except as hereinafter stated, all wiring or cables shall be properly affixed or attached to the structure. Insulation shall be provided for all wiring and cables and kept in good repair. No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixtures shall be used for supplying power to equipment other than that for which they are designed.
(j) Fuses and protective devices. Maximum fuse sizes consistent with safety standards shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the stated maximum, except that owners shall not be responsible for violations in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupants other than the owner.
(k) Overloading of circuits. Overloading of circuits is prohibited. Where the code officer finds, after notice and hearing, that by reason of the appliances and fixtures creating a hazard, the owner shall be required to install a line of sufficient capacity to absorb the load to which the line is subjected or otherwise eliminate the conditions causing the overload. For purposes of this section, the code officer may consider the peak seasonal load to which the line is subjected.
(l) Responsibility for removal. The owner or operator shall have the duty and responsibility of removing garbage.
(m) Accumulating refuse and non-fireproof storage prohibited. Storage bins, rooms, and areas shall not be used for accumulated garbage or refuse. Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the fire department, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations.
(4) Vacant buildings to be kept locked. It shall be the duty of the owner of any vacant building within the city to keep all doors, windows and other openings in such building locked or otherwise secured so as to prevent unauthorized persons from entering such buildings.
(5) Damaged buildings to be secured. It shall be the duty of the owner of any building which has been damaged by fire, wind or any other act of God or man to fence or close all openings or otherwise secure such building within ten days from the date of damage to the building so as to prevent children or any unauthorized person from entering.
(1) General and specific provisions. Upon discovery by an occupant of any condition on the premises which constitutes a violation hereof, the occupant shall report the same to the code officer responsible for enforcement hereunder. All parts of the premises under the control of the operator shall be kept in a clean and sanitary condition and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder of maintaining the premises in a clean and sanitary condition.
(2) Eliminating infestation. Every operator shall be responsible for the elimination of infestation in and on the premises subject to his control.
(3) Malicious damage. Every operator shall be responsible for willfully or maliciously causing damage to any part of the premises.
(4) Maintenance of plumbing. Every operator shall maintain all plumbing fixtures used by him in a clean and sanitary condition and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system.
(5) Providing notice of defect to owner. Where the owner would not otherwise know of a defect of any facility, utility, or equipment required to be furnished hereunder and the same is defective or inoperable, each operator affected thereby shall, upon learning of the defect, provide notice to the owner or person in charge of the premises. Nothing herein shall be construed to provide a defense for any owner violating this chapter.
(Code 1972, § 4-605; Code 1995, § 12-605)
12-167 Administrative Provisions; Supervision Vested In The Code Officer
(1) Supervision vested in the code officer. Responsibility for enforcement of this chapter is vested in the code officer and all inspections, regulations, enforcement, and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, are under his direction and supervision. He may appoint or designate such other public officials or employees of the city to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections and the holding of hearings.
(2) When inspections are to be made. All buildings and premises subject to this chapter are subject to inspections from time to time by the enforcing officer. At the time of such inspections, all rooms and parts of the premises must be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection or abatement without delay.
(3) Where entry by inspectors is refused. Where the code officer or his agent is refused entry or access or is otherwise impeded or prevented by the owner or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder. In addition, the code officer may, upon affidavit, apply to the city judge of the city for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and if the judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists.
(4) Procedure where violation discovered. Where a violation of this chapter or the regulation hereunder is found to exist, a written notice from the code officer shall be served on the person responsible for the correction thereof. The notice shall specify the violation committed, what must be done to correct the same, a reasonable period of time not to exceed 30 days to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the code officer in ten days after service unless a hearing is requested.
(5) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building.
(6) Notice to become an order unless hearing is requested. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon and serves a written request within the ten-day period in person or by mail to the code officer. Such request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The code officer, upon receipt of the request, shall within 30 days therefrom and upon five days' notice to the party aggrieved set the matter down for hearing.
(7) Determination at hearing. At any hearing provided hereunder, the code officer shall be vested with all powers provided by law to compel the attendance of witnesses and parties in interest by service of subpoena, to require by subpoena the production of books, records, or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of such subpoena as provided by law. A determination shall be made within ten days from the completion of the hearing. The code officer shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same, or withdrawing the notice.
(8) Extension of time. The code officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
(9) Summary abatement in emergency; notice and hearing not required. Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the code officer may either abate the violation or condition immediately or order the owner, operator, or occupant to correct the violation within a period or time not to exceed three days, and, upon failure to do so, the code officer shall abate the condition immediately thereafter.
(10) Cost of abatement to be a lien against premises. Where abatement of a violation or condition is required hereunder, the code officer shall cause to be certified to the owner of the premises the cost thereof, and the owner may request a hearing on the reasonableness of the cost as provided in subsection (f) of this section. After such hearing, a final determination shall be made as to the reasonable cost of abatement, which determination shall be certified to the tax collector and shall become a lien on the property and be collected by the same procedure as real property taxes.
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.
(1) When the mechanical code refers to the "chief appointing authority" or the "administrative authority," it shall be deemed to be a reference to the city manager.
(2) When "mechanical official" is named or referred to, it means the person appointed or designated by the city manager to administrate and enforce the provisions of the mechanical code.
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.
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.
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.
(1) The adopted code is modified and amended as follows:
(a) Section R402.4.1.2, testing, is deleted and replaced with section 402.4.2.1, testing option, and section 402.4.2.2, visual inspection option, from the 2009 IECC.
(b) Section R403.3.3, duct testing (mandatory), and section R403.3.4, duct leakage (prescriptive), are optional.
(c) Table 402.1.2, insulation and fenestration requirements by component, and Table R402.1.4, equivalent U-factors, are deleted and replaced with Table 402.1.1, insulation and fenestration requirements by component, and Table 402.1.3, equivalent U-factors, from the 2009 IECC.
(2) When the energy code refers to the "responsible government agency," it shall be deemed to be a reference to the city. When the "building official" is named, it shall, for the purposes of the energy code, mean such person as the city manager shall have appointed or designated to administer and enforce the provisions of the energy code.
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.
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.
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.
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.
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.
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.
(1) When the residential code refers to the "chief appointed authority" or the "chief administrator," it shall be deemed to be a reference to the city manager.
(2) The adopted code is modified and amended as follows:
(a) Section R313, automatic fire sprinkler systems, is not mandatory, pursuant to T.C.A. § 68-120-101(a) (8).
(b) Chapters 34--43, relating to electrical installations, are deleted and the National Electrical Code, 2017 edition, shall apply.
(c) Figure R301.2(2), seismic design categories, is deleted and replaced with Figure R301.2(2), seismic design categories site Class D, from the 2015 IRC.
(d) Section N1102.4.1.2 (R402.4.1.2), testing, is replaced with section N1102.4.2.1, testing option, and section N1102.4.2.2, visual inspection, from the 2009 IRC.
(e) Section N1103.3.3 (R403.3.3), duct testing (mandatory), and section N1103.3.4 (R403.3.4), duct leakage (prescriptive), are optional.
(f) Table N1102.1.2 (R402.1.2), insulation and fenestration requirements by component, and Table N1102.1.4 (R402.1.4), equivalent U-factor, from 2018 IRC, are replaced with Table N1102.1, insulation and fenestration requirements by component, and Table N1102.1.2, equivalent U-factor, from 2009 IRC.
(g) Section N1102.4.4 (R402.4.4) when the fenestration U-factor of 0.50 or lower is used, a skylight U-factor of 0.65 or lower is used, a glazed fenestration SHGC of 0.30 or lower is used, a 90 AFUE furnace is used, an 85 AFUE boiler is used, and a 9.0 HSPF heat pump (heating) and 15 SEER (cooling) are used.
(h) Table N1102.1, insulation and fenestration requirements by component, in the 2009 edition, is adopted and amended by adding the following as footnote "M": "Log walls complying with ICC400 and with a minimum average wall thickness of five inches or greater shall be permitted in Zone 4 when a fenestration U-factor of 0.35 or lower is used, a skylight U-factor of 0.60 or lower is used, a 90 AFUE furnace is used, an 85 AFUE boiler is used, and a 9.0 HSPF heat pump (heating) and 15 SEER (cooling) are used."
(i) Section 313.1, townhouse automatic sprinkler system, is amended by adding, "However, an automatic sprinkler system shall not be required in a three-unit townhouse with less than 5,000 gross square feet and three or fewer stories if each unit is separated by a two-hour firewall."
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.
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.
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.
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.
(1) Remove Chapter 3 Section 306 Accessibility for existing buildings.
(2) Replace Section 405.2.3.3 Extent of repair for noncompliant buildings with the following:
(a) If the evaluation does not establish that the building in its pre-damaged condition complies with the provisions of section 405.2.3.1, the the building, including its foundation, shall be retrofitted to comply with the provisions of this section. The wind loads for the repair and retrofit design shall be those required by wind, in which case the wind loads shall be in accordance with the International Building Code. The seismic loads for this retrofit shall be those required by the building code in effect at the time of original construction, but not less than the reduced seismic forces.
(3) Replace 405.2.4 Substantial structural damage to gravity load-carrying components, with the following:
(a) Gravity load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead, live, and snow loads in the International Building Code. Undamaged gravity load-carrying components, including undamaged foundation components, shall also be rehabilitated if required to comply with the design loads of the rehabilitation design.
(4) The requirements of section 303 Storm Shelters are not required.
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.
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.
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.
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.
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.
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.
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.
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.
(1) Prohibition. Pursuant to the authority granted to municipalities under T.C.A. § 6-54-113, it is unlawful for any owner of record of real property to create, maintain, or permit to be maintained on such property the growth of trees, vines, grass, underbrush and/or the accumulations of debris, trash, litter, or garbage or any combination of the preceding elements so as to endanger the health, safety, or welfare of other citizens or to encourage the infestation of rats and other harmful animals.
(2) Designation of public officer or department. The city manager shall designate an appropriate department or person to enforce the provisions of this section.
(3) Notice to property owner. It shall be the duty of the department or person designated by city manager to enforce this section to serve notice upon the owner of record in violation of subsection (a) of this section a notice in plain language to remedy the condition within ten days (or 20 days if the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewage, or other materials), excluding Saturdays, Sundays, and legal holidays. The notice shall be sent by United States mail, addressed to the last known address of the owner of record. The notice shall state that the owner of the property is entitled to a hearing and shall, at the minimum, contain the following additional information:
(a) A brief statement that the owner is in violation of ACC 13-35, which has been enacted under the authority of T.C.A. § 6-54-113, and that the property of such owner may be cleaned up at the expense of the owner and a lien placed against the property to secure the cost of the cleanup;
(b) The person, office, address, and telephone number of the department or person giving the notice;
(c) A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the city; and
(d) A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
(4) Cleanup at property owner's expense. If the property owner of record fails or refuses to remedy the condition within ten days after receiving the notice (20 days if the owner is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewage, or other materials), the department or person designated by the city manager to enforce the provisions of this section shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards, and the costs thereof shall be assessed against the owner of the property. The city may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The city may bring one action for debt against more than one or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds in the county, the costs shall be a lien on the property in favor of the city, second only to liens of the state, county, and city for taxes, any lien of the city for special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be placed on the tax rolls of the city as a lien and shall be added to property tax bills to be collected at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
(5) Cleanup of owner-occupied property. When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten days after receiving the notice, the department or person designated by the city manager to enforce the provisions of this section shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. The provisions of subsection (d) of this section shall apply to the collection of costs against the owner of an owner-occupied residential property except that the city must wait until cumulative charges for remediation equal or exceed $500.00 before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subsection (d) of this section for these charges.
(6) Appeal. The owner of record who is aggrieved by the determination and order of the public officer may appeal the determination and order to the city manager. The appeal shall be filed with the city recorder within ten days following the receipt of the notice issued pursuant to subsection (c) of this section. The failure to appeal within this time shall, without exception, constitute a waiver of the right to a hearing.
(7) Judicial review. Any person aggrieved by an order or act of the code enforcement officer under subsection (d) of this section may seek judicial review of the order or act. The time period established in subsection (c) of this section shall be stayed during the pendency of judicial review.
(8) Supplemental nature of this section. The provisions of this section are in addition and supplemental to, and not in substitution for, any other provision in the city Charter, this Code or other applicable law which permits the city to proceed against an owner, tenant or occupant of property who has created, maintained, or permitted to be maintained on such property the growth of trees, vines, grass, weeds, underbrush and/or the accumulation of the debris, trash, litter, or garbage, or any combination of the preceding elements, under its Charter, any other provisions of this Code or any other applicable law.
(9) Exempt lands. This section is not meant to prohibit the growth of plants in natural areas that have not been developed and have existed historically in their natural state. Other areas that are exempt include, but are not limited to, the following: public parks, designated wildlife areas, conservation easements, buffers around streams, wetlands, and vegetation within designed retention areas that are kept within the designed conditions approved by the city. In addition, the city public works director has the right to make a determination on the vegetative growth on any property within the municipal boundary to see if it qualifies for an exemption from the requirements of this section.
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
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.
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
(1) If, after such notice and hearing as prescribed in ACC 13-62, the city manager determines that the structure under consideration is unfit for human habitation or public use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof:
(a) If the repair, alteration, or improvement of the structure (not exceeding 50 percent of the reasonable value) can be made at a reasonable cost in relation to the value of the structure, an order requiring the owner, within the time specified in the order, to repair, alter, or improve such structure to render it fit for human habitation or public use or if not adequately repaired, altered or improved within the time specified in the order to vacate and close the structure as a human habitation; or
(b) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, an order requiring the owner, within the time specified in the order, to remove or demolish such structure. Rebuilding in violation of existing zoning ordinances will not be permitted.
(2) The code enforcement officer shall determine the value of the structure in question existing on the land and the value of the land, itself, not to be considered, and, if the structure can be made to conform to such standards as will make it properly habitable by an expenditure of not more than 50 percent of the value, the order referred to in subsection (1) of this section shall contain the alternative in subsection (1)(a) of this section. If an expenditure of more than 50 percent of the value just referred to would be necessary to make the structure properly habitable, the order in subsection (1) of this section shall contain the alternative in subsection (1)(b) of this section.
(Code 1972, § 4-806; Code 1995, § 13-306)
13-64 Failure Of Owner To Comply To Vacate And Repair
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."
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
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.
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.
(1) Any person affected by an order issued by the city manager or his authorized agent may file a bill in the chancery court for an injunction restraining the manager from carrying out the provisions of the order and the court may, upon the filing of such bill, issue a temporary injunction restraining the manager pending the final disposition of the cause; provided, however, that within 60 days after the posting and service of the order of the city manager, such persons shall file such bill in the court.
(2) The remedies herein provided shall be exclusive remedies and no person affected by an order of the city manager shall be entitled to recover any damages for action taken pursuant to any order of the city manager or because of noncompliance by such person with any order of the city manager.
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:
(1) To investigate or have investigated the condition of structures in the city in order to determine which structures therein are unfit for human habitation.
(2) To administer oaths and affirmations, examine witnesses and receive evidence.
(3) To enter upon premises for the purposes of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
(5) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
All junkyards within the city shall be operated and maintained subject to the following regulations:
(1) All junk stored or kept in such yards shall be so kept that it will not catch and hold water in which mosquitoes may breed and so that it will not constitute a place in which rats, mice, or other vermin may be harbored, reared or propagated.
(2) All such junkyards shall be enclosed within close-fitting plank or metal solid fences touching the ground on the bottom and being not less than six feet in height, such fence to be built so that it will be impossible for stray cats and/or stray dogs to have access to such junkyards.
(3) Such yards shall be so maintained as to be in a sanitary condition and so as not to be a menace to the public health or safety.
(Code 1972, § 8-1213; Code 1995, § 13-401)
CHAPTER 13-V ABANDONED MOTOR VEHICLES ON PRIVATE PROPERTY
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
(1) Any vehicle when such is parked, stored, located, or kept under a roof in a lawful manner; or
(2) Any vehicle temporarily parked, stored, or kept for a duration not to exceed 72 hours, for example, for temporary repairs, cleaning, or guests, with the duration of time observed by an agent or employee of the city; or
(3) Any vehicle designed for use as a child's toy; or
(4) Any vehicle customarily used for farming purposes, such as a tractor, provided the vehicle is being used on a regular basis for farming purposes; or
(5) Real property zoned residential upon which is located a duplex, apartment building, an assisted living facility, or a lawful business which is allowed within a residential zone.
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
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.
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
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.
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.
(1) Pursuant to the provisions of T.C.A. § 13-4-101, there is hereby created a regional planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of seven (7) members: two (2) of these shall be the mayor or a person designated by the mayor and a councilmember selected by the city council; one (1) member shall be the general manager of the Athens Utilities Board; the other four (4) members shall be appointed by the mayor, two (2) of which must reside outside the city limits. All members of the planning commission shall serve as such without compensation. The terms of the four members appointed by the mayor shall be for three (3) years each.
(2) The term of the mayor and his designee and the councilmember selected by the city council shall be for two (2) years each and shall coincide with the biennial election of the office of mayor. The utilities board general manager shall serve an indefinite term. Any vacancy resulting in an unexpired term in an appointive membership shall be filled by the mayor.
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.
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.
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.
The purpose, scope and authority of this chapter is as follows:
(1) The intended purpose of this policy is to safeguard life, limb, property, and public welfare by regulating clearing, earthwork, excavation, and other land disturbing activity and by requiring temporary and permanent provisions for its control. It should be used as a planning and engineering implement to facilitate the necessary control of grading and earthwork.
(2) This policy sets forth standards and rules for grading and earthwork and establishes the requirement of a formal permitting procedure. This policy applies to all areas within the city limits and establishes administrative procedures for the issuance of permits and the enforcement thereof, requires the submission of necessary plans (site or conceptual plans) for such work, and the observation and inspection of grading and/or earthwork operations.
(3) This policy is developed, implemented, and recognized as a standard practice for the city. The city council has approved this chapter for the management of grading and earthwork activities within the city limits. It will be utilized in conjunction with the existing site plan ordinance, subdivision regulations, zoning ordinance, stormwater management policy, landscape ordinance, and other such municipal codes and texts. The community development and public works departments of the city shall administer and enforce the provisions of this policy in regard to the review and approval of grading, excavation, earthwork, and related activities and such management practices as described herein.
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.
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:
(1) Excavating, cutting, filling, grading, draining, or paving of lots, parcels, or other areas.
(2) Altering, rerouting, deepening, widening, obstructing, or changing in any way an existing drainage system or feature.
(3) Development for residential (greater than one lot or other subdivisions), commercial, institutional, industrial, utility or other activities.
(4) Commencing any other development or excavation which may significantly increase or decrease the rate and/or quantity of surface water runoff; degrade the quality of water; or adversely affect any sinkhole, watercourse, or water body.
The following described activities shall not require a grading permit in order to perform clearing, excavation, or related earthwork:
(1) Basement or footer excavations for single- or two-family (duplex) residential dwellings.
(2) Cemetery graves.
(3) Sanitary landfill or refuse disposal sites controlled by other regulations.
(4) Excavations for wells or tunnels (unless performed on the public right-of-way).
(5) Mining operations controlled by other regulations.
(6) Temporary stockpiling or storing of materials, provided that such operations do not affect adjacent properties and all drainage and erosion control requirements. The public works department will determine if there is an affect of stockpiling. Temporary stockpiling/storage shall be defined as 90 days or less.
(7) Exploratory excavations/drilling under the direction and/or supervision of a licensed soils engineer or geologist.
(8) Excavation for any structures located within an approved subdivision for which there exists an approved, current, grading or site plan with which the developer/owner/builder intends to comply.
(9) Accepted agricultural practices such as plowing, cultivation, construction of agricultural structures, nursery operations, tree cutting, logging operations leaving the stump and root mat intact, and cultivated sod operations.
(10) Construction, repair, or rebuilding of rail tracks or related facilities belonging to and located on railroad property.
(11) Installation, repair, and maintenance of utilities by the utility owner/operator or their contractor or representative.
(12) Grading associated with general maintenance, landscaping, excavation, or placement of fill so long as 50 cubic yards or less of soil is disturbed on one lot and the existing contours are not altered in excess of two feet and all work is in compliance of all requirements for erosion and sedimentation control and the proposed work does not impact or obstruct a natural drainage 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
(1) ACC chapter 14-IV requires an approved site plan for the activities listed below unless excepted as described in ACC 14-88. Exceptions include:
(a) Erecting any building or structure.
(b) Enlarging or altering any building or structure.
(c) Disturbing land (altering the grade of any land so as to change the contours in excess of two feet).
(d) Construction of any streets, alleys, sidewalks, curbs, gutters, retaining walls, drain or sewer, or off-street parking lots.
(e) Changing or diverting the flow of stormwater or natural watercourses.
(2) If the site plan is inadequate in detail for stormwater management, a separate drainage plan will be required. A licensed civil engineer may be required to design stormwater systems and plans. These plans shall contain, at a minimum, the following items or information (in addition to basic information, such as owner name and address, date, scale, north indication, etc., other information is required aside from drainage requirements; these requirements are listed in ACC 14-95):
(a) Total land area.
(b) Existing and proposed topography of existing land and impervious land and impervious areas shown in five-foot intervals (two-foot intervals may be required).
(c) Elevations of all existing and proposed streets, alleys, utilities, sanitary and stormwater sewers, and existing buildings and structures.
(d) All existing and proposed impervious areas.
(e) Natural or artificial watercourses.
(f) Limits of floodplains (if applicable).
(g) Existing and proposed slopes, terraces, or retaining walls.
(h) All existing and proposed stormwater drainage structures or features.
(i) All stormwater structures/features anywhere upstream and downstream of the site.
(j) Erosion and siltation control plans.
(k) Drainage calculations when required.
(l) Drainage easements when required.
(3) If the proposed grading is for purposes of other than actual building construction, a conceptual grading plan may be submitted. This plan will contain all of the above requirements with the exception of any buildings or paving details.
(4) If the proposed work is for grading only, this should be indicated on the conceptual plan. A permit will be issued for grading only. Any future or additional work to include building construction, paving, etc., will require that a site plan be submitted and approved and the necessary permits obtained.
14-60 Plan Submittal, Review, And Approval Process For Grading Permits
(1) Site, drainage, conceptual grading, and erosion control plans for the purpose of obtaining a grading permit shall be submitted to the public works department. They are to be submitted to the public works director no less than five working days prior to the intended date to begin site alterations. These plans are to be submitted to the public works director at the public works service center located at 219 Alford Street.
(2) An application for a grading permit shall be submitted along with the necessary plans.
(3) For all other purposes, the community development department, located at the city municipal building, is the central point for receiving preliminary, revised, and final submittals. The issuance of all other permits is based upon approvals of submitted plans.
(4) All site, drainage, conceptual grading, and erosion control plans and specifications are to be approved by the public works director, the city engineer, or the city manager's designee.
(5) A licensed civil engineer may be required to design site, drainage, conceptual grading, and erosion control plans when required by the public works director, the city engineer, or the city manager's designee. Such requirements will be based upon the complexity of the conditions, the adjacent properties, and the site itself.
(6) If an applicant determines that his/her plan has been unjustly disapproved or that the public works director or city staff has made requests that are considered above and beyond this policy, he/she may appeal the decision to the city manager.
(7) Once the necessary plans and application have been submitted and approved and the necessary fees have been received, a grading permit will be issued.
(8) The necessary fees can be paid, and the permit issued, at the public works service center located at 219 Alford Street.
(9) The permit is valid for a period of six months from the date of issue. Extensions will be considered based on the circumstances.
(10) The permit and copies of the approved drawings are to be present on site at all times when work is underway. The city's representative may ask to see these at any time.
(11) A grading permit can be suspended or revoked for violation of this chapter or other related policies, procedures, or city ordinances. A stop work order may be issued if work continues after the grading permit has been revoked. Further action can and will be taken if necessary to ensure compliance with this policy.
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.
(1) Developers and/or property owners shall use appropriate erosion and sedimentation control measures to ensure that erosion, or adverse conditions caused by erosion or sedimentation, is eliminated or held to an acceptable minimum and does not cross to an adjoining property, right-of-way, street, or stream.
(2) When deemed necessary, the public works director, community development director, city manager, and/or the planning commission may require that a separate, detailed erosion and sedimentation control plan be submitted along with the site plan. Otherwise, control measures shall be indicated on the site plan.
(3) All control measures will be approved in the field by the appropriate city staff, typically the public works director or his designee, and maintained by those performing the work.
The following control measures shall be used as a minimum for erosion control:
(1) The smallest practical area of land should be exposed at any one time during development. Mulching or other protective measures shall be used to protect exposed areas.
(2) Areas that will be exposed for more than three months shall be seeded and mulched or landscaped.
(3) Temporary furrows, terraces, sediment or debris basins shall be installed to prevent washing and erosion during construction.
(4) In areas where soil may wash onto the roadway or into a drainage basin, the developer will be required to install and maintain a silt fence, hay bales, or both.
(5) Final vegetation shall be installed as soon as practical in the development after the land is exposed.
(6) A gravel construction entrance shall be constructed prior to any site work. The owner or his/her contractor throughout the construction process will maintain this construction entrance.
(7) Sediment washed onto roadways or into drainage ditches or basins, and soil tracked onto roadways by construction equipment/vehicles or daily ingress and egress onto the site, shall be removed at the end of each working day by the contractor, developer, or property owner.
(1) The grading permit policy in this chapter is adopted by the city council and by the city municipal regional planning commission.
(2) 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.
(3) Any clearing, earthwork, excavation, and other land disturbing activity not meeting the requirements of this chapter will be stopped at the direction of the public works director, his designee, the city building inspector, his designee, or the city manager, or his designee. Such work may not resume until such time that all provisions are adequately met.
(4) Intentional or continued violation of this chapter is considered a civil offense, and each separate violation shall be deemed punishable by a civil penalty in accordance with ACC 1-13. Each day a violation is allowed to continue shall constitute a separate offense.
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).
The provisions of this chapter shall not apply to:
(1) Single-family dwellings, two-family dwellings, accessory buildings thereto, or to the land on which they are situated or proposed.
(2) Additions to buildings where the total gross floor area of the proposed addition does not exceed one-third of the total gross floor area of the existing building or 1,000 square feet, whichever is smaller.
(3) New buildings where the total gross floor area does not exceed 1,000 square feet, provided there is no alteration of the drainage flow of the land or grading exceeding a cut or fill of one foot, the site is not in the floodplain, and the site is not in excess of 10,000 square feet.
(4) Improvements for off-street parking purposes when appurtenant only to existing buildings and where access will be provided by existing driveways, provided such improvement does not provide more than five additional parking spaces.
(5) Grading of open areas, either by excavation or fill, for the sole purpose of bringing the land to a grade compatible with the surrounding area, provided the public works director or his designee finds on an inspection of the site that such grading will have no adverse effect on the land of surrounding property owners, will not encroach on or impair existing drainage channels or floodplains, and will not cause problems of erosion, ponding, and/or silting on adjoining properties.
14-89 Approved Site Plan Required To Erect Buildings
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
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.
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.
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
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.
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.
(b) Name and address of owner of record and the applicant.
(c) Present zoning of the site and abutting property.
(d) Date, scale, and north point with reference to source of meridian.
(e) Courses and distances of centerlines of all streets and all property lines.
(f) All building restricting lines, highway setback lines, easements, covenants, reservations, and rights-of-way.
(g) The total land area.
(h) Topography of existing ground and paved areas and elevations of streets, alleys, utilities, sanitary and storm sewers, and buildings and structures. Topography to be shown by dashed line illustrating two-foot or five-foot contours, as required by the public works director or his designee, and by spot elevations where necessary to indicate flat areas, as based on USC and government survey datum.
(i) Three spaces for the signed approval of each reviewing department of the city.
(2) The site plan shall show the location of the following, when existing:
(a) Sidewalks, streets, alleys, easements, and utilities.
(b) Buildings and structures.
(c) Public sewer systems.
(d) Slopes, terraces, and retaining walls.
(e) Driveways, entrances, exits, parking areas, and sidewalks.
(f) Water mains and fire hydrants.
(g) Trees and shrubs.
(h) Recreational areas and swimming pools.
(i) Natural and artificial watercourses.
(j) Limits of floodplains.
(3) The site plan shall show the location, dimensions, size, and height of the following, when proposed:
(a) Sidewalks, streets, alleys, easements, and utilities.
(b) Buildings and structures.
(c) Public sewer systems.
(d) Slopes, terraces, and retaining walls.
(e) Driveways, entrances, exits, parking areas, and sidewalks.
(f) Water mains and fire hydrants.
(g) Trees and shrubs.
(h) Recreational areas.
(i) Distances between buildings.
(j) Estimates of the following:
(i) Number of dwelling units.
(ii) Number of parking spaces.
(iii) Number of loading spaces.
(iv) Square feet of floor space.
(v) Number of commercial or industrial tenants and employees.
(vi) Plans for collecting stormwater and methods of treatment of natural and artificial watercourses including a delineation of limits of floodplains, if any.
(vii) Proposed grading, surface drainage, terraces, retaining wall heights, grades on paving areas, and ground floor elevations of proposed buildings and structures. Proposed topography of the site shall be shown by two-foot contours as required by the public works director or his designee.
(4) The site plan shall include an adequate erosion control plan which meets the specifications of this chapter.
(1) Any building or structure erected or altered shall comply with the provisions of this Code and any applicable laws of the state.
(2) Any work or development on the site, including, but not limited to, the following, shall comply with the provisions of this Code and any applicable laws of the state: the grading of land; the installation of utilities; the construction of curbs, gutters and sidewalks; the construction of streets, alleys, and retaining walls; the construction of drains and sewers; the construction of off-street parking; the construction or erection of any improvement on the site.
(3) Any facility or structure shall be reasonably accessible to fire, police, emergency, and service vehicles. When deemed necessary for access by the fire chief or public works director or his designee, emergency vehicle easements shall be provided. The access for fire, police, and emergency vehicles shall be unobstructed at all times.
(4) The width, grade, location, alignment, and arrangement of streets, sidewalks, and alleys shall conform to the master plan and/or subdivision regulations of the city as near as is reasonably practicable.
(5) Off-street parking facilities shall be accessible, safe, and properly drained.
(6) Streets, sidewalks, and alleys shall provide access and traffic circulation to and from adjacent lands, existing streets, alleys, and sidewalks and proposed or planned streets, alleys, and sidewalks. Where deemed necessary by the planning commission, commercial property fronting on major or secondary thoroughfares (also known as arterials or collectors) shall be required to provide a frontage access road of no less than 27 feet in width with permanent or temporary access to the public thoroughfare to be provided at a location deemed desirable by the regional planning commission.
(7) Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good firefighting and fire prevention practice acceptable to the chief of the fire department.
(8) Adequate provision shall be made for the collection and disposition of all on-site and off-site stormwater and natural surface water. Natural drainageways shall be used when it is reasonably practicable to do so, and improvements shall be made to said drainageways in accordance with good engineering practice when, in the opinion of the public works director or his designee, good engineering practice indicates the need for improvements.
(9) Provisions shall be made for the collection and disposition of all on-site and off-site sanitary sewage.
(10) Provisions shall be made to control flooding.
(11) The obstruction of natural watercourses shall be avoided.
(12) Provisions shall be made to control the slippage, shifting, erosion, accretion, and subsidence of soil.
(13) Provisions shall be made to control the slipping and shifting of buildings and structures.
(14) Provisions shall be made to protect other lands, structures, persons, and property.
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.
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.
(a) Protect, maintain, and enhance the environment of the City of Athens and the public health, safety and the general welfare of the citizens of the City, by controlling discharges of pollutants to the City’s stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the City;
(b) Enable the City of Athens to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122 as applicable for stormwater discharges;
(c) Allow the City of Athens to exercise the powers granted in Tennessee Code Annotated § 68-221-1105, which provides that, among other powers cities have with respect to stormwater facilities, is the power by ordinance or resolution to:
(i) Exercise general regulation over the planning, location, construction, and operation and maintenance of stormwater facilities in the City, whether or not owned and operated by the City;
(ii) Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits;
(iii) Establish standards to regulate the quantity of stormwater discharged and to regulate stormwater contaminants as may be necessary to protect water quality;
(iv) Review and approve plans and plats for stormwater management in proposed subdivisions or commercial developments;
(v) Issue permits for stormwater discharges, or for the construction, alteration, extension, or repair of stormwater facilities;
(vi) Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;
(vii) Regulate and prohibit discharges into stormwater facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
(viii) Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of stormwater contamination, whether public or private.
(2) Administering entity. The City of Athens shall administer the provisions of this chapter.
(3) Stormwater management ordinance. The intended purpose of this ordinance is to safeguard property and public welfare by regulating stormwater drainage and requiring temporary and permanent provisions for its control. It should be used as a planning and engineering tool for permit compliance and to facilitate the necessary control of stormwater.
HISTORY Amended by Ord. 1138 (14-501) on 3/18/2025
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.
(1) Administrative or Civil Penalties - Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City of Athens declares that any person violating the provisions of this chapter may be assessed a civil penalty by the City of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation.
(2) Analytical monitoring - Test Procedures for the Analysis of Pollutants - Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act (the "Act"), as amended, under which such procedures may be required. Pollutant parameters shall be determined using sufficiently sensitive methods in Title 40 C.F.R. § 136, as amended, and promulgated pursuant to Section 304 (h) of the Act. The chosen methods must be sufficiently sensitive as required in state rule 0400-40-03-.05(8).
(3) Aquatic Resource Alteration Permit (ARAP) - physical alterations to properties of the waters of the state require an ARAP or a §401 Water Quality Certification (§401 certification). ARAP means a permit issued pursuant to T.C.A. § 69-3-108 of the Act, which authorizes the alteration of properties of waters of the state that result from activities other than discharges of wastewater through a pipe, ditch, or other conveyance.
(4) As built plans (record drawings) mean drawings depicting conditions as they were actually constructed.
(5) Best Management Practices (“BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the state. BMPs also include treatment requirements, operating procedures; and practices to control plant site runoff, spillage, leaks, sludge or waste disposal, or drainage from raw material storage. BMPs include source control practices (non-structural BMPs) and engineered structures designed to treat runoff.
(a) Structural BMPs are facilities that help prevent pollutants in stormwater runoff from leaving the site.
(b) Non-structural BMPs are techniques, activities and processes that reduce pollutants at the source.
(6) BMP Manual provides technical guidance including additional policies, criteria, standards, specifications, constants, and information for the proper implementation of the requirements of the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122 as applicable for stormwater discharges.
(7) Borrow Pit is an excavation from which erodible material (typically soil) is removed to be fill for another site. There is no processing or separation of erodible material conducted at the site. Given the nature of activity and pollutants present at such excavation, a borrow pit is considered a construction activity.
(8) Buffer Zone or Water Quality Riparian Buffer is a permanent strip of natural perennial vegetation, adjacent to a stream, river, wetland, pond, or lake that contains dense vegetation made up of grass, shrubs, and/or trees. The purpose of a water quality riparian buffer is to maintain existing water quality by minimizing risk of any potential sediments, nutrients or other pollutants reaching adjacent surface waters and to further prevent negative water quality impacts by providing canopy over adjacent waters.
(9) Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
(10) Clearing refers to removal of vegetation and disturbance of soil prior to grading or excavation in anticipation of construction activities. Clearing may also refer to wide area land disturbance in anticipation of non-construction activities. Clearing, grading, and excavation do not refer to clearing of vegetation along existing or new roadways, highways, dams, or power lines for sight distance or other maintenance and/or safety concerns, or cold planing, milling, and/or removal of concrete and/or bituminous asphalt roadway pavement surfaces. The clearing of land for agricultural purposes is exempt from federal stormwater NPDES permitting in accordance with Section 401(1)(1) of the 1987 Water Quality Act and state stormwater NPDES permitting in accordance with the Tennessee Water Quality Control Act of 1977 (T.C.A. 69-3-101 et seq.).
(11) Commencement of construction: the initial disturbance of soils associated with clearing, grading, excavating or other construction activities.
(12) Common plan of development or sale is broadly defined as any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. A common plan of development or sale identifies a situation in which multiple areas of disturbance are occurring on contiguous areas. This applies because the activities may take place at different times, on different schedules, by different operators.
(13) Control measure refers to any Best Management Practice (BMP) or other method used to prevent or reduce the discharge of pollutants to waters of the state.
(14) CWA means the Clean Water Act of 1977 or the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)
(15) Design storm is a storm event as defined by Precipitation-Frequency Atlas of the United States. Atlas 14. Volume 2. Version 3.0. U.S. Department of Commerce. National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Springs, Maryland or its digital product equivalent. The estimated design rainfall amounts, for any return period interval (i.e., 1,-yr, 2-yr, 5-yr, 25-yr, etc.,) in terms of either depths or intensities for any duration, can be found by accessing the data available at https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html. The City of Athens requires Stormwater Control Measures (SCM) to be designed to accommodate Design Storm Events through the 100-year event; design storm depths/intensities shall be values provided for TN Station ATHENS (40-0284).
(16) Discharge or discharge of a pollutant refers to the addition of pollutants to waters from a source, either point or non-point in nature.
(17) Ecoregion is a relatively homogeneous area defined by similarity of climate, landform, soil, potential natural vegetation, hydrology, or other ecologically relevant variables. Ecoregions can be determined for specific stream segments by using Tennessee’s Online Water Quality Assessment Data viewer http://tdeconline.tn.gov/dwr.
(18) Exceptional Tennessee Waters are surface waters designated by the Tennessee Department of Environment and Conservation as having the characteristics set forth at Tennessee Rules, Chapter 0400-40-03-.06(4). Characteristics include waters within parks or refuges; scenic rivers; waters with threatened or endangered species; waters that provide specialized recreational opportunities; waters within areas designated as lands unsuitable for mining; waters with naturally reproducing trout; waters with exceptional biological diversity and other waters with outstanding ecological or recreational value.
(19) Hot spot means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Examples might include operations producing concrete or asphalt, auto repair shops, auto supply shops, large commercial parking areas and restaurants.
(20) Improved sinkhole is a natural surface depression that has been altered in order to direct fluids into the hole opening. Improved sinkhole is a type of injection well regulated under the Underground Injection Control (UIC) program of the Tennessee Department of Environment and Conservation. Underground injection constitutes an intentional disposal of waste waters in natural depressions, open fractures and crevices, such as those commonly associated with weathering of limestone.
(21) Level 1 EPSC Certification - Fundamentals of Erosion Prevention and Sediment Control training and certification program administered by University of Tennessee Water Resources Research Center (https://tnepsc.org/index.asp).
(22) Level 2 EPSC Design Certification - Design Principles for Erosion Prevention and Sediment Control for Construction Sites training and certification program administered by University of Tennessee Water Resources Research Center (https://tnepsc.org/index.asp).
(23) Linear Project is a land disturbing activity as conducted by an underground/overhead utility or highway department, including, but not limited to, any cable line or wire for the transmission of electrical energy; any conveyance pipeline for transportation of gaseous or liquid substance; any cable line or wire for communications; or any other energy resource transmission ROW or utility infrastructure, e.g., roads and highways. Activities include the construction and installation of these utilities within a corridor. Linear project activities also include the construction of access roads, staging areas and borrow/spoil sites associated with the linear project. Land disturbance specific to the development of residential and commercial subdivisions or high-rise structures is not considered a linear project.
(24) Monitoring refers to tracking or measuring activities, progress, results, etc., and can refer to non-analytical monitoring for pollutants by means other than 40 C.F.R. § 136 (and other than state- or federally established protocols in the case of biological monitoring and assessments), such as visually or by qualitative tools that provide comparative values or rough estimates.
(25) Municipality means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities.
(26) New Jersey Department of Environmental Protection (NJDEP) - is the state agency responsible for managing New Jersey’s natural resources. Its Division of Water Quality tests and certifies proprietary manufactured treatment devices (MTDs) used for stormwater quality treatment and is recognized nationally for its testing standards certified MTD list.
(27) Operator means any person who owns, leases, operates, controls, or supervises a source. Including, but not limited to, an owner or operator of any “facility or activity” subject to regulation under the NPDES program.
(28) Permanent Stabilization means that all soil disturbing activities at the site have been completed and one of the three following criteria is met:
(a) A perennial, preferably native, vegetative cover with a uniform (i.e., evenly distributed, without large bare areas) density of at least 70 percent has been established on all unpaved areas and areas not covered by permanent structures, and all slopes and channels have been permanently stabilized against erosion; or,
(b) Equivalent permanent stabilization measures such as the use of riprap; permanent geotextiles; hardened surface materials including concrete, asphalt, gabion baskets or Reno mattresses have been employed; or,
(c) For construction projects on land used for agricultural or silvicultural purposes, permanent stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural or silvicultural use.
(29) Point source (or Outfall) means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include introduction of pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, forest lands or return flows from irrigated agriculture or agricultural stormwater runoff. In short, outfall is a point where runoff leaves the site as a concentrated flow in a clear, delineated conveyance.
(30) Pollutant means sewage, industrial wastes, or other wastes
(31) Priority Construction means those construction activities discharging directly into, or immediately upstream of, waters the state recognized as unavailable condition for siltation or Exceptional Tennessee Waters.
(32) A rainfall event is defined as any occurrence of rain preceded by 10 hours without precipitation that results in an accumulation of 0.01 inches or more. Instances of rainfall occurring within 10 hours of each other will be considered a single rainfall event.
(33) Registered Engineer and Registered Landscape Architect An engineer or landscape architect certified and registered by the State Board of Architectural and Engineer Examiners pursuant to Section 62-202, Tennessee Code Annotated, to practice in Tennessee.
(34) Runoff coefficient means the fraction of total rainfall that will appear at the conveyance as runoff. Runoff coefficient is also defined as the ratio of the amount of precipitation that is not absorbed by the surface to the total amount of precipitation that falls during a rainstorm.
(35) Sediment means solid material, both inorganic (mineral) and organic, that is in suspension, is being transported; or has been moved from the site of origin by wind, water, gravity or ice as a product of erosion.
(36) Sediment basin A temporary basin consisting of an embankment constructed across a wet weather conveyance, an excavation that creates a basin, or by a combination of both. A sediment basin typically consists of a forebay, dry & wet storage, permanent pool, primary spillway, secondary or emergency spillway and surface dewatering device. The size and shape of the basin depends on the location, size of drainage area, incoming runoff volume and peak flow, soil type and particle size, land cover, and receiving stream classification (i.e., waters with unavailable parameters, Exceptional TN Waters, or waters with available parameters).
(37) Sedimentation means the action or process of forming or depositing sediment.
(38) Significant Contributor is defined as a source of pollutants where the volume, concentration, or mass of a pollutant in a stormwater discharge can cause or threaten to cause pollution, contamination, or nuisance that adversely impact human health or the environment and cause or contribute to a violation of any applicable water quality standards for receiving water.
(39) Soil or Topsoil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants.
(40) Steep Slope or Steep Grade means a natural or created slope of 35% grade or greater.
(41) Stormwater means rainfall runoff, snow melt runoff, and surface runoff and drainage.
(42) Stormwater control measure or SCM means permanent practices and measures designed to attenuate peak stormwater runoff flow in addition to reducing the discharge of pollutants from new development projects or redevelopment projects.
(43) Stream as defined by TCA 69-3-103(38) “stream” means a surface water that is not a wet weather conveyance.
(44) Stormwater associated with industrial activity is defined in 40 C.F.R. 122.26(b)(14) and incorporated here by reference. Most relevant to the City is 40 C.F.R. 122.26(b)(14)(x), which relates to construction activity including clearing, grading, filling and excavation activities, including borrow pits containing erodible material. Disturbance of soil for the purpose of crop production is exempt from NPDES permit requirements, but stormwater discharges from agriculture-related activities that involve construction of structures (e.g., barn construction, road construction, pond construction) are considered associated with industrial (construction) activity. Maintenance to the original line and grade, hydraulic capacity; or to the original purpose of the facility (e.g., re-clearing, minor excavation performed around an existing structure necessary for maintenance or repair and repaving of an existing road) is not considered a construction activity.
(45) Construction stormwater discharge-related activities mean activities that cause, contribute to or result in point source stormwater pollutant discharges. These activities may include excavation, site development, grading and other surface disturbance activities; and activities to control stormwater including the siting, construction and operation of best management practices (BMPs).
(46) Stormwater Pollution Prevention Plan (SWPPP) is a written site-specific plan required by the Tennessee Construction General Permit (CGP) that includes a narrative pollution prevention plan and graphical erosion and sediment control plan. In its basic form, the plan contains a site map, a description of construction activities that could introduce pollutants to stormwater runoff, a description of measures or practices to control these pollutants, and erosion and sediment control plans and specifications. The SWPPP should be prepared in accordance with the Tennessee Erosion and Sediment Control Handbook (latest edition).
(47) Take of an endangered species means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct.
(48) Tennessee Erosion and Sediment Control (TDESC) Handbook is a guidance issued by the Division of Water Resources for the purpose of developing Stormwater Pollution Prevention Plans and Erosion and Sediment Control Plans required by the Construction General Permit.
(49) Temporary stabilization is achieved when vegetation or non-erodible surface has been established on the area of disturbance and construction activity has temporarily ceased. Under certain conditions, temporary stabilization is required when construction activities temporarily cease.
(50) Treatment chemicals are polymers, flocculants or other chemicals used to reduce turbidity in stormwater discharges by chemically bonding to suspended silts and other soil materials and causing them to bind together and settle out. Common examples of anionic treatment chemicals are polyacrylamide-chitosan (PAM–CS).
(51) Turbidity is the cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in air.
(52) Washington State Department of Ecology (WSDOE) - is the state agency responsible for managing Washington State’s natural resources. It is responsible for the Technology Assessment Protocol – Ecology, or TAPE, that tests and certifies proprietary manufactured treatment devices (MTDs) used for stormwater quality treatment, and is recognized nationally for its testing standards and certified MTD list.
(53) Waste site is an area where material from a construction site is disposed. When the material is erodible, such as soil, the site must be treated as a construction site.
(54) Waters (or waters of the state) means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
(55) Waters with unavailable parameters means any segment of surface waters that has been identified by the TDEC as failing to support one or more classified uses. Unavailable parameters exist where water quality is at, or fails to meet, the levels specified in water quality criteria in Rule 0400-40-03-.03, even if caused by natural conditions. In the case of a criterion that is a single response variable or is derived from measurement of multiple response variables, the unavailable parameters shall be the agents causing water quality to be at or failing to meet the levels specified in criteria. Resources to be used in making this determination include biennial compilations of impaired waters, databases of assessment information, updated GIS coverages (https://tdeconline.tn.gov/dwr/), and the results of recent field surveys. GIS coverages of the streams and lakes not meeting water quality standards, plus the biennial list of waters with unavailable parameters, can be found at https://www.tn.gov/environment/program-areas/wr-water-resources/water-quality/water-quality-reports---publications.html.
(56) Water quality riparian buffer means a permanent strip of natural perennial vegetation adjacent to a stream, river, wetland, pond, or lake that contains dense vegetation made up of grass, shrubs, and/or trees. The purpose of a water quality riparian buffer is to maintain existing water quality by minimizing the risk of any potential sediments, nutrients, or other pollutants reaching adjacent surface waters and to further prevent negative water quality impacts by providing canopy over adjacent waters.
(57) A one-week period is a synonym of a calendar-week; typically, a period from Sunday through Saturday
(58) Water quality treatment volume (WQTV) is a portion of the runoff generated from impervious surfaces at a new development or redevelopment project by the 1-year 24-hour design storm. The WQTV is further determined by the type of treatment provided.
(59) Wet weather conveyances are man-made or natural watercourses, including natural watercourses that have been modified by channelization, that meet the following:
(a) The conveyance carries flow only in direct response to precipitation runoff in its immediate locality.
(b) The conveyance’s channels are at all times above the groundwater table.
(c) The flow carried by the conveyance is not suitable for drinking water supplies.
(d) Hydrological and biological analyses indicate that, due to naturally occurring ephemeral or low flow under normal weather conditions, there is not sufficient water to support fish or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months. (Tennessee Rules, Chapter 0400-40-3-.04(3)).
HISTORY Amended by Ord. 1138 (14-502) on 3/18/2025 Amended by Ord. 1145 on 10/21/2025
(a) Adoption. The City of Athens adopts, as its MS4 stormwater construction BMP manual(s), the following publication(s) which are incorporated by reference in this ordinance as if fully set out herein:
(i) Metropolitan Nashville – Davidson County Stormwater Management Manual as amended; or
(ii) City of Knoxville Stormwater BMP Manual as amended; or,
(iii) TDEC Erosion and Sediment Control Handbook as amended
(b) The City of Athens has adopted the following design storm events for EPSC measures to be used for Construction Stormwater Control Measures. Depth/Intensity values shall align with NOAA Atlas data for Athens (Station 40-0284). The EPSC and sediment BMP construction design storm events are as follows:
(i) A 2-year 24-hour design storm shall be used for sizing project EPSC and BMPs discharging into waters not identified as having unavailable parameters or Exceptional Tennessee Waters
(ii) A 5-year 24-hour design storm shall be used for sizing project EPSC and BMPs discharging into waters with unavailable parameters due to siltation or Exceptional Tennessee Waters
(c) Construction requirements for design storm for all waters as well as special conditions for unavailable parameters waters or exceptional Tennessee waters shall be consistent with those of the current Tennessee Construction General Permit (TNR100000) as amended.
(2) The City has adopted, for use in design of construction EPSC measures, the design storm requirements from the current Tennessee Construction General Permit for all waters as well as special conditions for unavailable parameters or Exceptional Tennessee Waters.
(3) Waste Control Construction site operators are required to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater.
(4) Priority Construction
(a) Priority in construction shall be, at a minimum, construction activities discharging directly into, or immediately upstream of, waters the state recognizes as having an unavailable condition for siltation or Exceptional Tennessee Waters.
(b) All priority construction activities must include preconstruction meetings with construction site operators for priority construction activities.
(c) The status of any waters within the City’s jurisdiction shall be determined by referencing TDEC’s “EPA Approved List of Impaired and Threatened Waters” required by Section 303(d) of the Clean Water Act, as amended.
(5) Land development permit
(a) This section shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, land disturbance applications and grading applications. These standards apply to qualifying new development or redevelopment site(s). A developer will be required to obtain a land disturbance permit from the City in the following cases:
(i) New development that involves land development or disturbance activities of one (1) acre or more; or,
(ii) Redevelopment that involves other land development or disturbance activities of one (1) acre or more
(b) Projects of less than one acre of total land disturbance may also be required to obtain authorization under this ordinance if:
(i) The City has determined that the stormwater discharge from a site is causing, contributing to, or is likely to contribute to a violation of a state water quality standard; or is likely to be a significant contributor of pollutants to water of the state; or,
(ii) changes in state or federal rules require sites of less than one acre that are not part of a larger common plan of development or sale to obtain a stormwater permit; or,
(iii) any new development or redevelopment, regardless of size, that is defined by the City to be a hot spot land use; or
(iv) the minimum applicability criteria set forth in item (a) above if such activities are part of a larger common plan of development, (see “common plan of development” definition).
(v) The creation and use of borrow pits, that are not permitted under the Tennessee Multi Sector Permit (TMSP), where material is excavated and relocated offsite, and fill sites where materials or earth is deposited by mechanized methods resulting in an increased elevation or grade.
(vi) As determined by the City for single or duplex residential lots of any size, lots that have karst features, adjoining lakes or streams, slopes exceeding fifteen percent (15%), floodplains or streams to cross are required to submit an erosion control and stormwater management plan. Depending on site specific conditions the requirement that the plan be developed by a qualified licensed professional engineer or landscape architect may be waived by the City.
(vii) Minimal plan requirements shall include pre- and post-stormwater runoff directions, construction access, erosion/sediment control measures, roof downspout direction and termination, swales and locations receiving temporary and/or permanent soil stabilization.
(viii) Land disturbance activities in a City Floodway Zoning District require a permit and shall provide evidence of obtaining appropriate licenses/permits that may be required by federal or state laws and regulations or written wavier from such permits and licenses prior to the issuance of a land disturbance permit by the City.
(ix) If unpermitted construction activity is discovered, the City will issue an immediate stop-work order to the violator, at a minimum. If, in addition to the City’s permit, a TDEC permit is required based on disturbance but was not obtained, the violator shall also be reported to TDEC for non-compliance.
(6) Land disturbance/Grading/Stormwater Construction Permit- Persons seeking the issuance of any land disturbance permit must provide proof of coverage under the Tennessee Construction General Permit (CGP), if applicable, when requested; and a copy of the project Stormwater Pollution Prevention Plan (SWPPP) to the City of Athens when requested.
(a) Copies of additional applicable local, state or federal permits (i.e.: ARAP, approved hydrologic determination, etc.) must also be provided to the City; and,
(b) The City has the authority to withhold issuance of any other construction permits prior to receiving copies of the aforementioned permits if applicable; and,
(c) In circumstances where such permits are not required, the City may still require a SWPPP as part of the land disturbance permit application, if it deems necessary.
(7) Building Permit - No building permit shall be issued until the applicant has first obtained a land disturbance permit where required by this ordinance.
(8) Construction site operators are required to implement appropriate erosion prevention and sediment control measures and best management practices. EPSC requirements shall meet the Tennessee CGP design storm(s), be consistent with the TDEC EPSC Handbook best management practices, and with the requirements of this ordinance.
(9) Whenever a site assessment is to be performed by the engineer of record as required by the CGP, the operator shall provide a copy of the assessment to the City.
(10) Twice-Weekly inspections of the site and the BMPs/SCMs must be performed by an individual who has either obtained certification under the Level I Fundamentals of Erosion Prevention and Sediment Control course, or greater, or has other credentials or licensure identified as an acceptable equivalent by the City.
(11) Landscaping and stabilization requirements.
(a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be stabilized. Stabilization measures shall be initiated as soon as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed not later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. In the following situations, temporary stabilization measures are not required:
(i) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or,
(ii) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 14 days.
(b) Construction activity of steep slopes steeper than 3:1 require stabilization measures to be initiated within 7 days once activity has temporarily or permanently ceased.
(c) In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures such as properly anchored mulch, soil binders or matting must be employed.
(12) Construction buffer zones.
(a) Construction buffer zones shall include water quality buffers and buffer zones as defined in 14-502 above and shall meet the requirements in this ordinance and the TN CGP, as amended. The criteria for the width of the construction buffer zone can be established on an average width basis at a project, as long as the minimum width of the buffer zone is equal to or greater than the required minimum width at any measured location.
(b) If the new development or redevelopment site encompasses both sides of a stream, buffer averaging can be applied to both sides but must be applied independently.
(c) Water quality riparian buffer widths are measured from the top of bank also referred to as the “ordinary high-water mark.”
(d) Construction buffers are not primary sediment control measures and shall not be relied on as such.
(e) All stormwater discharges must enter the water quality riparian buffer zone as sheet flow, not as concentrated flow, where site conditions allow. The designer/operator must comply with the vegetation requirements and the permissible land uses set forth for buffers in the TN CGP.
(f) Where it is not practicable to maintain a construction water quality riparian buffer, BMPs providing equivalent protection to a receiving stream as a natural water quality riparian buffer must be used.
(13) Notice of Termination (NOT) - The operator shall provide the City with a copy of the NOT once it is issued by TDEC.
HISTORY Amended by Ord. 1138 (14-503) on 3/18/2025
14-130 Permanent Stormwater Management: Design And Construction Inspection
(1) In order to comply with the City’s permanent stormwater standards for new development and redevelopment projects, operators shall design and install SCMs as established by Tennessee Rule 0400-40-10-.04 and comply with other requirements of Tennessee Rule 0400-40-10-.04.
(2) The Post Construction/Permanent water quality design storm is a 1-year, 24-hour storm event. Actual project WQTV requirements shall be based on the proposed permanent SCM treatment type as outlined in 4.2.5.2 of the Small MS4 General Permit NPDES Permit TNS000000.
(3) SCMs must be designed to provide full treatment capacity within 72 hours following the end of the preceding rain event for the life of the new development or redevelopment project. The operator may use any design manuals approved as part of the City’s BMP Manual.
(4) Total suspended solids (TSS) removal rate shall be the City’s recognized metric for the reduction of pollutants in stormwater effluent. Design TSS removal rates for approved MTDs shall be established by a 3rd party certification program recognized by the City. The two certification programs currently recognized by the City include NJDEP and WSDOE; additionally, use of sequential MTDs, e.g. a treatment train of two or more HDS units, in an attempt to cumulatively meet the 80% TSS requirements are not recognized as achieving such and shall not be permissible in permanent SCM design(s).
(5) Post Construction/permanent water quantity SCMs shall be designed to attenuate post-construction peak flows from the 2-year 24-hour event through the 100-year 24-hour storm event to equal or less than pre-development peak flows for all new development and redevelopment projects.
(6) Water Quality Riparian Buffers - Post Construction/Permanent water quality riparian buffers shall be those buffers defined in 14-502 above and shall meet the requirements described in this ordinance. The criteria for the width of the post construction/permanent buffer zone can be established on an average width basis at a project, as long as the minimum width of the buffer zone is more than the required minimum width at any measured location. If the new development or redevelopment site encompasses both sides of a stream, buffer averaging can be applied to both sides, but must be applied independently. Water quality riparian buffer widths are measured from the top of bank also referred to as the “ordinary high-water mark.” Stormwater discharges should enter the post construction/permanent water quality riparian buffer as sheet flow, not as concentrated flow, where site conditions allow.
(7) Post Construction/Permanent buffers for waters with available parameters for siltation or habitat alteration or unassessed waters:
(a) Average buffer width: 30 feet.
(b) Minimum buffer width: 15 feet.
(8) Post Construction/Permanent buffers for Exceptional Tennessee Waters or waters with unavailable parameters for siltation or habitat alteration:
(a) Average buffer width: 60 feet.
(b) Minimum buffer width: 30 feet
(9) The designer/operator must comply with the vegetation requirements and the permissible land uses set forth for buffers in the MS4 permit.
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
(1) All applicants are required to submit actual as built plans for any structures located on-site within 90 days after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. A certification by the design engineer certifying that SCM’s will function within original design parameters as constructed should be included. A final inspection and acceptance of as-built plans by the City is required before any performance security or performance bond is released. The warranty period for any infrastructure to be accepted by the City for maintenance shall not commence until the City has accepted the as-built plans. The City shall have the discretion to adopt provisions for a partial pro-rata release of the performance security or performance bond on the completion of various stages of development. In addition, occupation permits shall not be granted until corrections to all BMP’s/SCM’s have been made and accepted by the City, if required.
(2) In addition to the certified as built drawings, the City shall be provided with a permanent stormwater management plan for the site and all stormwater management facilities (e.g., SCM’s). Occupation permits shall not be granted until the permanent stormwater management plan has been approved and accepted by the City.
(3) Inspection of stormwater management facilities. Periodic inspections of facilities shall be performed, documented, and reported in accordance with this chapter, as detailed in 14-506.
(4) Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three (3) years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request.
(5) Failure to meet or maintain design or maintenance standards. If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this chapter, the City, after notice as specified in the Enforcement Response Plan, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City may take necessary corrective action. The cost of any action by the City under this section shall be charged to the responsible party.
(6) In the event that the stormwater management facility becomes a danger to public health/public safety, the City may take such immediate corrective action as deemed necessary.
HISTORY Amended by Ord. 1138 (14-505) on 3/18/2025
14-132 Permanent SCM's: New Development, Existing Locations And Ongoing Developments
(1) (On-site stormwater management facilities inspection and maintenance agreement.
(a) Where the stormwater facility is located on property that is subject to a development agreement, and the development agreement provides for a permanent stormwater maintenance agreement that runs with the land, the owners of property must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owners and all subsequent property owners and their lessees and assigns, including but not limited to, homeowner associations or other groups or entities.
(b) The maintenance agreement shall:
(i) Assign responsibility for the maintenance and repair of the stormwater facility to the owners of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
(ii) Provide for a periodic inspection by the property owners in accordance with the requirements of subsection (5) below for the purpose of documenting maintenance and repair needs and to ensure compliance with the requirements of this ordinance. The property owners will arrange for this inspection to be conducted by individual(s) approved by the City who will submit a signed written report of the inspection to the City. It shall also grant permission to the City to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
(iii) Provide that the minimum maintenance and repair needs include but are not limited to:
A. The removal of silt, litter and other debris.
B. The cutting of grass, cutting and removal of vegetation.
C. The replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and other stormwater facilities.
(iv) Provide that the property owners shall be responsible for additional maintenance and repair needed to meet the intended design specification of the stormwater facility.
(v) Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the City.
(vi) Provide that if the property is not maintained or repaired within the prescribed schedule, the City shall perform the maintenance and repair at its expense and bill the same to the property owner. The maintenance agreement shall also provide that the City’s cost of performing the maintenance shall be a lien against the property.
(2) Existing problem locations – no maintenance agreement
(a) The City shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting or caused by such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance. Discharges from existing SCM’s that have not been maintained and/or inspected in accordance with this ordinance shall be regarded as non-compliant discharges.
(b) Inspection of existing facilities. The City may, to the extent authorized by state and federal law, enter and inspect private property for the purpose of determining if there are illicit non-stormwater discharges, and to establish inspection programs to verify that all stormwater management facilities are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the City’s NPDES MS4 stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other SCM’s.
(3) Owner/Operator Inspections. The owners and/or operators of the SCMs shall:
(a) Perform routine inspections to ensure that all SCM’s are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemented at a site. Owners or operators shall maintain documentation of these inspections. The City may require submittal of this documentation.
(b) Perform comprehensive inspection of all stormwater management facilities and practices. These inspections shall be conducted once every five years, at a minimum. Such inspections must be conducted by individual(s) approved by the City. Complete inspection reports for these five-year inspections shall include:
(i) Facility type.
(ii) Inspection date.
(iii) Latitude and longitude and nearest street address.
(iv) BMP owner information (e.g. name, address, phone number, fax, and email).
(v) A description of BMP condition including: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety benches; spillways, weirs, and other control structures; and any sediment and debris accumulation.
(vi) Photographic documentation of BMP’s.
(vii) Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.
(c) Owners or operators shall maintain documentation of these inspections. The City may require submittal of this documentation.
(4) Requirements for all existing locations and ongoing developments - The following requirements shall apply to all locations and developments at which land disturbing activities have occurred previous to the enactment of this ordinance:
(a) Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP Manual and on a schedule acceptable to the City.
(b) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.
(c) Drainage ways shall be appropriately stabilized.
(d) Trash, junk, rubbish, etc. shall be cleared from drainage ways.
(e) Stormwater runoff shall, at the discretion of the City be treated to the maximum extent practicable to prevent its pollution. Such control measures may include, but are not limited to, the following:
(i) Ponds
A. Detention pond
B. Extended detention pond
C. Wet pond
D. Alternative storage measures
(ii) Constructed wetlands
(iii) Infiltration systems
A. Infiltration/percolation trench
B. Infiltration basin
C. Drainage/recharge well
D. Porous pavement
(iv) Filtering systems
A. Catch basin inserts/media filler
B. Sand filter
C. Filter/absorption bed
D. Filter and buffer strips
(v) Open channel
A. Swale
(5) Corrections of problems subject to appeal. Corrective measures imposed by the City under this section are subject to appeal under section 14-510 of this chapter.
HISTORY Amended by Ord. 1138 (14-506) on 3/18/2025
This section shall apply to all water generated on developed or undeveloped land entering the City’s separate storm sewer system.
(1) Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. No person shall allow discharges that flow from a stormwater facility that is not inspected in accordance with section 14-506. Non-stormwater discharges shall include, but shall not be limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows, unless the City determines they are significant contributors of pollutants to the MS4:
(a) Water line flushing
(b) Landscape irrigation
(c) Diverted stream flows
(d) Rising ground waters
(e) Uncontaminated ground water infiltration (Infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.)
(f) Uncontaminated pumped ground water
(g) Discharges from potable water sources
(h) Air conditioning condensation
(i) Irrigation water
(j) Springs
(k) Water from crawl space pumps
(l) Footing (foundation) drains
(m) Lawn watering
(n) Individual residential car washing
(o) Flows from riparian habitats and wetlands
(p) Dechlorinated swimming pool discharges
(q) Street wash water with no soaps or solvents
(r) Discharges or flows from firefighting activities
(2) Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. This prohibition expressly includes SCM’s connected to the system not properly inspected and maintained in accordance with this ordinance.
(a) Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person’s expense, the BMP’s necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. Discharges from existing SCM’s that have not been maintained and/or inspected in accordance with this ordinance shall be prohibited.
(3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the City in person or by telephone, fax, or email, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
(4) No illegal dumping allowed. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the City. Such illegal activity exposes runoff to contamination, generating an illicit discharge. Therefore, any individual or corporation guilty of illegal dumping may have committed a violation of this ordinance.
HISTORY Amended by Ord. 1138 (14-507) on 3/18/2025
(1) Enforcement authority. The City shall have the authority to issue notices of violation and citations, and to impose civil penalties to anyone that violates 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, The City’s enforcement authority includes (as set forth in the City’s Enforcement Response Plan (ERP)):
(a) Verbal Warnings – At a minimum, verbal warnings must specify the nature of the violation and required corrective action.
(b) Written Notices – Written notices must stipulate the nature of the violation and the required corrective action, with deadlines for taking such action.
(c) Citations with Administrative Penalties – The City has the authority to assess monetary penalties, which may include civil and administrative penalties.
(d) Stop Work Orders – Stop work orders that require construction activities to be halted, except for those activities directed at cleaning up, abating discharge, and installing appropriate control measures.
(e) Withholding of Plan Approvals or Other Authorizations – Where a facility is in noncompliance, the City’s own approval process affecting the facility’s ability to discharge to the MS4 can be used to abate the violation.
(f) Additional Measures – The City may also use other escalated measures provided under local legal authorities. The City may perform work necessary to improve erosion control measures and collect the funds from the responsible party in an appropriate manner, such as collecting against the project’s bond or directly billing the responsible party to pay for work and materials.
(2) Notification of violation:
(a) Verbal warning. Verbal warning may be given at the discretion of the inspector when it appears the condition can be corrected by the violator within a reasonable time, which time shall be approved by the inspector.
(b) Written notice. Whenever the City finds that any permittee or any other person discharging stormwater has violated or is violating this ordinance or a permit or order issued hereunder, the City may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the City. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(c) Consent orders. The City is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.
(d) Show cause hearing. The City may order any person who violates this chapter or permit, or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.
(e) Compliance order. When the City finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed and/or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
(f) Cease and desist and stop work orders. When the City finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the City may issue a stop work order or an order to cease and desist all such violations and direct those persons in noncompliance to:
(i) Comply forthwith; or
(ii) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation; including halting operations except for terminating the discharge and installing appropriate control measures.
(g) Suspension, revocation or modification of permit. The City may suspend, revoke or modify the permit authorizing the land development project or any other project of the applicant or other responsible person within the City. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the City may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(h) Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual(s) adopted by the City under this ordinance, the strictest standard shall prevail.
HISTORY Amended by Ord. 1138 (14-508) on 3/18/2025
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.
(1) Penalties. Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City declares that any person violating the provisions of this chapter may be assessed a civil penalty by the City of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation.
(2) Measuring civil penalties. In assessing a civil penalty, the City shall consider:
(a) The harm done to the public health or the environment;
(b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(c) The economic benefit gained by the violator;
(d) The amount of effort put forth by the violator to remedy this violation;
(e) Any unusual or extraordinary enforcement costs incurred by the City;
(f) The amount of penalty established by ordinance or resolution for specific categories of violations; and
(g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
(3) Recovery of damages and costs. In addition to the civil penalty in subsection (2) above, the City may recover:
(a) All damages proximately caused by the violator to the City, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation.
(b) The costs of the City’s maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
(4) Referral to TDEC. In accordance with the City’s Enforcement Response Plan and the NPDES Permit requirements, the City may also notify TDEC of violations.
(5) Other remedies. The City may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.
HISTORY Amended by Ord. 1138 (14-509) on 3/18/2025
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.
(1) Appeals to be in writing. The appeal shall be in writing and filed with the municipal recorder or clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law.
(2) Public hearing. Upon receipt of an appeal, the City’s governing body, or other appeals board established by the City’s governing body shall hold a public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days’ notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the governing body of the City shall be final.
(3) Appealing decisions of the City’s governing body. Any alleged violator may appeal a decision of the City’s governing body pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8.
HISTORY Amended by Ord. 1138 (14-510) on 3/18/2025
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.
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.
(2) Existing public/private developments. For existing developments and parking facilities, expansions in gross floor area (GFA) or parking spaces shall trigger landscape requirements based on the scope of work proposed as established in this subsection. Where both the building expansion and parking lot expansion requirements are applicable, the building expansion requirements shall supersede.
(a) Building expansions.
(i) If an existing building, structure, or development is expanded by 50 percent or more in gross floor area, then the entire building, structure, or development shall comply with the provisions of this chapter.
(ii) If an existing building, structure, or development is expanded by less than 50 percent in gross floor area, then the entire building, structure, or development shall be exempt from complying with the provisions of this chapter.
(b) Parking lot expansions.
(i) If the number of existing parking spaces for an existing building, structure or development is expanded by 25 percent to 49 percent, then the area of expansion shall comply with the provisions of this chapter.
(ii) If the number of existing parking spaces for an existing building, structure or development is expanded by 50 percent or more, then the entire parking lot shall comply with the provisions of this chapter.
(3) Exemptions. One-family detached and two-family residential dwellings are exempt from landscaping requirements.
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:
(1) Zoning of site and adjoining properties;
(2) Existing and proposed contours at two-foot intervals or less;
(3) Boundary lines and lot dimensions;
(4) Date, graphic scale, north arrow, title and name of owner, and the phone number of the person or firm responsible for the landscape plan;
(5) Location of all proposed structures and storage areas;
(6) Existing and proposed drainage features and 100-year floodplain, if applicable;
(7) Parking lot layout including parking stalls, bays, and driving lanes;
(8) Existing and proposed utility lines, and easements;
(9) All paved surfaces and curbs, including curb breaks/curb cuts for drainage;
(10) Existing trees or natural areas to be retained; and
(11) Location of all required landscaping areas (street yard, landscaped peninsulas, landscaped islands, and screening buffers).
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:
(1) Location, installation size, quantity, and scientific and common names of landscaping to be installed; and
(2) Spacing between trees and shrubs used for screening.
The applicant has the option of submitting both the landscape plan and the plant installation detail plan at the same time.
(1) Intent. This chapter does not intend to create undue hardship on affected properties. The required landscaping should not exceed 15 percent of the total lot area. For existing developments, where the GFA or parking areas are being increased, the loss of off-street parking spaces (required by the zoning ordinance) as a result of compliance with the landscaping provisions should not exceed ten percent.
(2) Special administrative remedies. Lots with a depth of 150 feet or less, or an area of 15,000 square feet or less, have the following special exceptions:
(a) An automatic 50 percent reduction in landscape yard depth requirements for screening, street yard, and parking lot landscaping sections; and
(b) A 25 percent reduction in planting requirements for all sections except for the required evergreen plantings for screening. Lots, which front on more than one street, have the following special exception: All street frontages other than the primary street frontage may have a street yard with a minimum depth of four feet. In situations where the landscape requirements would result in the demolition of an existing building, a loss of more than ten percent of the gross required off-street parking for an existing development, or a loss greater than 15 percent of the lot area for development, the following administrative remedies may be applied:
(i) Reduce the required minimum landscaped area widths up to 50 percent; and
(ii) Reduce the tree planting requirements by up to 25 percent.
(3) Administrative guidelines.
(a) Where possible, reduction of landscaping requirements in one area should be offset by an increase of landscaping requirements in other portions of the site.
(b) The first priority is to provide trees along the street frontage.
(c) The second priority is to provide trees within portions of the parking lot that are highly visible from the street.
(d) A screen should always be provided if it is required by this chapter. Where there are space limitations or potential sight distance problems, the landscape yard shall be reduced as necessary. If the planting area is less than five feet in width, a minimum six-foot-tall wood or composite fence or masonry wall shall be required.
14-162 Conflict With Other Articles In The Zoning Ordinance And Existing Zoning Conditions
Where any requirement of this chapter conflicts with the requirement of another section or existing zoning conditions in the zoning ordinance, the provisions of this landscaping chapter shall override.
14-163 Trees Projecting Over Streets, Alleys, Or Sidewalks Prohibited
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
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.
(1) Intent. The intent of this section is to add quality and definition to the street by planting trees within a landscaped area along the edges of the right-of-way.
(2) Dimensions. Except for points of access, a street yard shall be provided where the proposed development site adjoins the public street right-of-way. Alleys are exempt from this requirement. The street yard shall have a minimum depth of eight feet as measured from the edge of the public street right-of-way towards the interior of the property. The yard shall consist of sod grass or other natural living ground cover material. No impervious surfaces are permitted in the street yard area. If the area between the street right-of-way and/or property line and the edge of pavement or back of curb is disturbed, that area shall be restored to the original condition prior to disturbance.
(3) Plantings. Trees shall be planted within the street yard at a minimum ratio of one tree per 35 linear feet of right-of-way frontage. Trees do not have to be evenly spaced in 35-foot increments. Fractions of trees shall be rounded up to the nearest whole number. The minimum spacing between trees is 15 feet measured trunk to trunk. The maximum spacing is 50 feet measured trunk to trunk. The trees referred to in this section shall have a minimum expected maturity height of at least 25 feet and should be of a species common to southeast Tennessee.
(4) Existing woodlands. Existing woodlands along the street right-of-way frontage can be substituted for the street yard requirements subject to the following:
(a) Existing woodlands to be set aside shall have a minimum depth of 25 feet as measured from the public street right-of-way;
(b) Number of woodland trees (not including prohibited trees) having a minimum caliper of six inches shall equal or exceed the minimum street tree planting ratio of one tree per 35 linear feet;
(c) No impervious surfaces are permitted within the protected woodlands area except for approved access points to the site or as a part of the stormwater plan; and
(d) No cutting/filling activities or storage of materials/equipment are permitted within the protected woodlands.
(5) Exemptions/special situations. Properties adjoining rights-of-way that encroach into established parking areas more than 20 feet have the following street yard options:
(a) Plant street trees within the right-of-way, provided written permission is obtained from the owner of the public right-of-way;
(b) If permission cannot be obtained to plant in the right-of-way, no street yard will be required. However, the street trees will be relocated somewhere within the site in an area highly visible from the street. These trees cannot be used to meet requirements in other sections. Existing street trees planted within the right-of-way (not including the center median or opposite side of the street) can be used to meet the street yard requirements. Where overhead powerlines encroach into the street yard, smaller shade trees may be substituted for larger shade trees. Stormwater facilities may be located within the street yard, subject to the following conditions:
(i) Trees and other living organic materials can be planted along the stormwater facility; however, the facility must be maintained in accordance with the stormwater management policy;
(ii) The stormwater facility must meet all requirements of the city. With the written approval of the right-of-way owner, portions of the public right-of-way may be used to meet the street yard requirements.
(1) Intent. The intent of this section is to break up the expanse of asphalt, to provide shade, and to reduce the glare from parked cars and loading docks.
(2) Design criteria.
(a) No parking space shall be more than 60 feet from a tree;
(b) Ends of all interior parking bays that contain a minimum of ten contiguous parking spaces shall be bordered on both sides by a landscape island;
(c) Ends of all perimeter parking bays shall be bordered by a landscaped peninsula;
(d) Side- and front-facing truck delivery stalls and loading bays shall be screened from the public right-of-way as described in ACC 14-167.
(3) Dimensions/planting criteria. Landscaped islands and peninsulas used to meet the landscaping requirements shall have a minimum width of eight feet and a minimum landscaped area of 200 square feet. Landscaped islands and peninsulas used to meet the landscaping requirements shall be planted with at least one tree. The trees referred to in this section shall be of a species common to southeast Tennessee. In the special situations specified below, smaller shade trees may be substituted for larger shade trees:
(a) An overhead obstacle such as a canopy or powerline limits the tree height; or
(b) The tree is located within 20 feet of a building. All landscaped islands and peninsulas shall be bordered by a curb or a wheel stop. Curb breaks should be utilized to allow stormwater to enter planted areas. The screening material for loading docks and delivery stalls shall consist of the following:
(i) One row of evergreen shrubs spaced a maximum of five feet on-center or a row of evergreen trees spaced a maximum of ten feet on-center; and
(ii) A landscaped yard with a minimum depth of eight feet for the planted screen.
(1) Intent. To provide a transition between incompatible land uses and to protect the integrity of less-intensive uses from more intensive uses, screening and buffering will be required. The purpose of the screen is to provide a year-round visual obstruction. The buffer provides transition between the incompatible uses by requiring a landscape yard of a minimum specified depth along the shared property line.
(2) Procedure. The procedure for determining screening requirements shall be as follows: Refer to the matrix below to determine any screening requirements for the proposed development. First, identify the type of zoning for the proposed development (along the left side of the matrix) and each adjoining property (along the top of the matrix). Find where the zoning of the proposed development and each adjoining property intersect on the matrix. If a screen is required, a capital letter will indicate the type of screen to be applied. A description of each screen type is provided below.
Existing
Manufacturing/Warehousing
Commercial
Office
High-Density Residential
Low-Density Residential
Manufacturing/ warehousing
∆
C
B
A
A
Commercial
∆
∆
∆
B
B
Office
∆
∆
∆
C
C
Residential (high-density)
A
B
C
∆
C
No screen or buffer required = ∆
Zoning Districts
Manufacturing/warehousing
I-1 and I-2
Commercial
B-1, B-2, B-3 and B-4
Office
M-1 and P-1
Residential (high-density)
R-2, R-3, and R-4
Residential (low-density)
R-E and R-1
(3) Screening types. The screening types shall be as follows:
(a) Type A. 30-foot deep landscape yard planted with:
(i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center; and two rows of shade trees spaced a maximum of 35 feet on-center.
(ii) All plantings shall be of a species common to southeast Tennessee.
(b) Type B. 20-foot deep landscape yard planted with:
(i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center; and one row of shade trees spaced a maximum of 35 feet on-center.
(ii) All plantings shall be of a species common to southeast Tennessee.
(c) Type C. Ten-foot deep landscape yard planted with:
(i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center.
(ii) All plantings shall be of a species common to southeast Tennessee.
(d) Type D. Dumpsters to be screened in the manner described below:
(i) Screening shall be a minimum height of six feet;
(ii) All four sides of the dumpster shall be screened;
(iii) The screen should incorporate access to the dumpster by using a wood fence or other opaque device to serve as a gate;
(iv) Screening materials can be any combination of evergreen plantings, wood, composite or masonry material.
(e) Type E. Stormwater facilities located in the landscaped yard subject to the following conditions:
(i) Trees and other living organic materials can be planted along stormwater facility.
14-168 Landscaping Credits For Buffering Along Perennial Streams
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.
(1) A natural buffer with a minimum width equal to three times the stream width shall be provided on each side of the stream; the required width per side shall be no less than 25 feet and no more than 100 feet; the width of the buffer shall be measured from edge of the stream bank.
(2) No vegetation within the natural buffer shall be removed or disturbed except for poisonous, non-native, or noxious plant species.
(3) No fill or cutting activities, including the storage of materials or equipment, shall be permitted in the natural buffer area.
(4) No impervious surfaces are permitted in the buffer unless approved as a part of the stormwater plan.
(5) Trees located within the buffer area with a minimum six-inch caliper can be used to meet the landscaping requirements.
(6) The maximum landscaping credit allowance is 25 percent of the landscaping requirements for trees.
(1) Intent. All landscaping materials shall be installed in a sound, professional manner and according to professionally accepted good planting procedures. Any landscape material which fails to meet the minimum requirements at the time of installation shall be removed and replaced with acceptable materials.
(2) Prohibited plants. The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance, or nuisance:
(1) Intent. To avoid damage to utility lines and landscape plantings, all trees and shrubs should be planted outside of existing and proposed utility easements.
(2) Policy. Any tree or shrub used to meet the requirements of this chapter shall not be located within proposed or existing utility easements unless it meets one of the special exceptions as defined in subsection (c) of this section.
(3) Special exceptions. Special exceptions to this section are as follows:
(a) Written permission has been obtained from the holder of the utility easement.
(b) Where overhead powerlines cross an area required by this chapter to be planted with shade trees, smaller shade trees may be substituted.
(4) Priority considerations. If none of the special exceptions in subsection (c) of this section apply, the following options shall be considered in order of priority:
(a) Priority 1. Planting the tree as close to the easement as possible.
(b) Priority 2. For highly visible areas (street yards, parking lots in front), planting the tree in the same general area where it can be seen from the street or parking lot.
(5) Fire hydrant visibility. In order to allow fire department personnel adequate visibility and access to fire hydrant locations, a three-foot buffer with visibility shall be required/provided around all fire hydrants located in areas where landscaping is required by the provisions of this chapter.
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.
(1) If the landscaping has not been installed and inspected for proper installation prior to receiving certificate of occupancy, a certificate of occupancy may be granted, provided the following conditions are met:
(a) The property owner posts a performance bond or irrevocable letter of credit with the city treasurer;
(b) The amount of the bond or letter of credit shall be based on material and installation costs of the uninstalled landscape material, including a ten percent contingency cost, as shown on the submitted landscape plan; and
(c) The cost of the landscaping shall be certified by a licensed contractor.
(2) After receiving the certificate of occupancy, the remaining landscape material shall be installed within six months. The bond or letter of credit shall be called if the required landscaping has not been installed by the end of the six-month period, and the funds shall be applied to complete the landscaping work.
(1) Any person aggrieved by the administration, interpretation, or enforcement of this chapter may appeal to the board of zoning appeals within 30 days of the decision imposed by the building inspector, city manager, public works director, or any other agent of the city.
(2) Decisions of the board of zoning appeals may be appealed to court of competent jurisdiction. Should any court of competent jurisdiction find any portion of this chapter to be unlawful or unconstitutional, such finding shall not affect this chapter as a whole or any portion of it not found invalid.
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.
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:
(1) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
(2) Designed to be transported after fabrication on its own wheels or on a flatbed or other trailer or detachable wheels.
(3) Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
(4) Exclusion. A unit constructed with a minimum of a nominal two-inch by four-inch studded walls, at least 20 feet wide, which is placed on a permanent masonry foundation, from which all evidence of mobility has been removed, and which has a sloped roof shall not be considered a mobile home regardless of how it is transported to the building site.
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:
(1) Can operate independent of connections to external sewer, water, and electrical systems;
(2) Contains water storage facilities and may contain a lavatory, kitchen sink, and/or bath facilities.
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.
(1) It is unlawful for any mobile home to be used, stored, or placed on any lot or serviced by the utilities of the city where said mobile home is outside of any designated and licensed mobile home park or approved mobile home subdivision (see subdivision regulations) after the date of passage of the ordinance from which the provisions in this chapter are derived, excepting mobile homes located on licensed mobile home sales lots and except as provided in subsection (b) of this section.
(2) Any mobile home already placed on a lot outside of a mobile home park on or before the date of passage of the ordinance from which the provisions in this chapter are derived will be permitted to remain at its present location. Any mobile home site at any location with utility connections and other facilities constructed specifically for utilization as a permanent mobile home parking site in existence prior to the date of the passage of the ordinance from which the provisions in this chapter are derived shall be permitted to be utilized for parking and servicing mobile homes hereafter. If said present mobile home shall remain vacant for a period of 60 days, said mobile home owner shall be given, at the end of that 60 days, a period not to exceed 15 days in which to remove said mobile home and to comply with all provisions of this chapter.
(3) No mobile home shall be used, placed, stored or serviced by utilities within the city or within any mobile home park in the city unless there is posted near the door of said mobile home a valid state license. Mobile homes in mobile home subdivisions and any individually located mobile homes shall be assessed property taxes.
(a) No place or site within the city shall be established or maintained by any person, group of persons, or corporation as a mobile home park unless a valid permit is issued by the city building inspector in the name of such person for the specific mobile home park. The city building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
(b) Mobile home parks in existence as of the effective date of the ordinance from which these provisions are derived shall be required to obtain a mobile home park permit. Existing mobile home parks which cannot comply with the requirements regarding mobile home parks shall be considered as a nonconforming use; provided, however, if at any time the ownership of said park shall change, said new owner shall be given a period not to exceed 30 days in which to comply with current mobile home park regulations in all respects and his failure to do so shall render him ineligible for a mobile home park permit at his present location. Said existing mobile home parks shall comply with all state regulations applicable thereto which were in force prior to the establishment of said mobile home park.
(2) Inspections by city building inspector. The city building inspector is hereby authorized and directed to make inspections to determine the condition of mobile home parks in order that he may perform his duty of safeguarding the health and safety of occupants of mobile home parks and of the general public. The city building inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
(3) Length of occupancy. No mobile home space shall be rented in any mobile home park except for periods of 60 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of the state regulations.
(4) Location and planning. The mobile home park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply and shall be in conformity with a plan approved by the city planning commission and shall be located in districts as specified in the zoning ordinance.
(5) Minimum size of mobile home park. The tract of land for the mobile home park shall comprise an area of not less than five acres. The tract of land shall consist of a single plot so dimensioned and related as to facilitate efficient design and management.
(6) Minimum number of spaces. The minimum number of spaces completed and ready for occupancy before first occupancy is 12.
(7) Minimum mobile home space and spacing of mobile homes. Each mobile home space shall be adequate for the type of facility occupying the same. Mobile homes shall be parked on each space so that there will be at least 15 feet of open space between mobile homes or any attachment such as a garage or porch (if the construction of additional rooms or covered areas is to be allowed beside the mobile homes, the mobile home spaces shall be made wider to accommodate such construction in order to maintain the required 15 feet of open space) and at least 15 feet end-to-end spacing between trailers and any building or structure, 20 feet between any trailer and property line and 35 feet from the right-of-way of any public street or highway and ten feet from streets within the park. In addition, each mobile home space shall contain:
(a) A minimum lot area of 3,000 square feet;
(b) A minimum width of at least 40 feet and a minimum depth of at least 75 feet;
(c) A minimum depth with end parking of an automobile equal to the length of the mobile home, plus 30 feet;
(d) A minimum depth with side or street parking equal to the length of the mobile home, plus 15 feet.
(8) Common area. A centrally located area shall be provided for recreational use by the occupants of the mobile home park. This area shall be maintained in an attractive manner and shall be well-drained and free from flood. The minimum size of this area shall be equal to 300 square feet per mobile home.
(9) Water supply.
(a) Where a public water supply is available, it shall be used exclusively. The development of an independent water supply to serve the mobile home park shall be made only after written approval of plans and specifications has been granted by the city engineer and county health officer.
(b) In those instances where an independent system is approved, the water shall be from a supply properly located, protected, and operated and shall be adequate in quantity and approved in quality. Samples of water for bacteriological examination shall be taken before the initial approval of the physical structure and thereafter at least every four months and when any repair or alteration of the water supply system has been made. If a positive sample is obtained, it will be the responsibility of the mobile home park operator to provide such treatment as is deemed necessary by the health officer to maintain a safe, potable water supply. Water shall be furnished at the minimum capacity of 250 gallons per day per mobile home space. An individually metered water service connection shall be provided for each mobile home space.
(10) Sewage disposal.
(a) An adequate sewage disposal system must be provided and must be approved in writing by the health officer and city engineer. Each mobile home space shall be equipped with at least a six-inch sewer connection, trapped below the frost line and reaching at least four inches above the surface of the ground. All sewer lines shall be laid in trenches separated at least ten feet horizontally from any drinking water supply line.
(b) Every effort shall be made to dispose of the sewage through a public sewerage system. In lieu of this, a septic tank and subsurface soil absorption system may be used, provided the soil characteristics are suitable and an adequate disposal area is available. The minimum size of any septic tank to be installed under any condition shall not be less than 750 gallons working capacity. This size tank can accommodate a maximum of two mobile homes. For each additional mobile home on such a single tank, a minimum additional liquid capacity of 175 gallons shall be provided. The sewage from no more than 12 mobile homes shall be disposed of in any one single tank installation. The size of such tank shall be a minimum of 2,500 gallons liquid capacity.
(c) The amount of effective soil absorption area or total bottom area of overflow trenches will depend on local soil conditions and shall be determined only on the basis of the percolation rate of the soil. The percolation rate shall be determined as outlined in Appendix A of the state department of health bulletin, entitled "Recommended Construction of Large Septic Tank Disposal Systems for Schools, Factories and Institutions." This bulletin is available on request from the department. No mobile home shall be placed over a soil absorption field.
(d) In lieu of a public sewerage or septic tank system, an officially approved package treatment plant may be used.
(11) Refuse. The storage, collection, and disposal of refuse in the park shall be so managed as to create no health hazards. All refuse shall be stored in flyproof, watertight, and rodentproof containers. Satisfactory container racks or holders shall be provided. Garbage shall be collected and disposed of in an approved manner at least twice per week.
(12) Electricity. An electrical outlet supplying at least 220 volts shall be provided for each mobile home space and shall be weatherproof and accessible to the parked mobile home. All electrical installations shall be in compliance with the National Electrical Code and state department of insurance and banking Regulation No. 15, entitled "Regulation Relating to Electrical Installations in the State of Tennessee," and shall satisfy all requirements of the local electric service organization.
(13) Streets. Minimum widths of various streets within mobile home parks shall be:
(a) One-way, with no on-street parking: 12 feet.
(b) One-way, with parallel parking on one side only: 18 feet.
(c) One-way, with parallel parking on both sides: 26 feet.
(d) Two-way, with no on-street parking: 20 feet.
(e) Two-way, with parallel parking on one side only: 28 feet.
(f) Two-way, with parallel parking on both sides: 36 feet.
(14) Street or road base. The base shall consist of crushed stone, grade D, class B, compacted to six inches, and constructed as specified in section 303 of the state department of highways' Standard Specifications for Road and Bridge Construction, 1968.
(15) Asphaltic concrete surface course (hot mix). The asphaltic concrete surface course (paved surface) shall be constructed with asphaltic concrete (grading E) compacted to two inches with not less than an average weight of 200 pounds per square yard and constructed as specified in Section 411, pages 258 through 260 of the state department of highways' Standard Specifications for Road and Bridge Construction (and subsequent revisions), January 1, 1968.
(16) Parking spaces. Car parking spaces shall be provided in sufficient number to meet the needs of the occupants of the property and their guests without interference with normal movement of traffic. Such facilities shall be provided at the rate of at least one car space for each mobile home lot, plus an additional car space for each three lots to provide for guest parking, for two-car tenants and for delivery and service vehicles. Car parking spaces shall be located for convenient access to the mobile home spaces. Where practical, one car space shall be located on each lot and the remainder located in adjacent parking bays. The size of the individual parking space shall have a minimum width of not less than ten feet and a length of not less than 20 feet. The parking spaces shall be located so access can be gained only from internal streets of the mobile home park.
(17) Buffer strip. An evergreen buffer strip shall be planted along all boundaries of the mobile home park (see definition of the term "buffer strip" in ACC 14-202).
14-205 General Regulations--Travel Trailers And Travel Trailer Parks
(1) Occupied travel trailers restricted to parks. It is unlawful for any travel trailer to be occupied or serviced outside of any properly designated travel trailer park. This provision shall not apply to the storage of travel trailers, provided said trailer unit is neither temporarily nor permanently occupied as a dwelling unit while within the city limits.
(2) Permit for travel trailer park. No place or site within the city shall be established or maintained by any person, group of persons, or corporation as a travel trailer park unless he holds a valid permit issued by the city building inspector in the name of such person for the specific travel trailer park. The city building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
(3) Inspections by city building inspector or county health officer. The city building inspector or county health officer is hereby authorized and directed to make inspections to determine the condition of travel trailer parks, in order that he may perform his duty of safeguarding the health and safety of the occupants of travel trailer parks and of the general public. The building inspector or county health officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
(4) Length of occupancy. Travel trailer spaces shall be rented by the day or week only, and the occupant of such space shall remain in the same travel trailer park not more than 14 days.
(5) Location. Travel trailer parks shall be located in districts as specified in the zoning ordinance of the city.
(6) Minimum size of travel trailer space. Each travel trailer space shall have a minimum width of 30 feet and a minimum length of 50 feet.
(7) Site planning improvements. Site planning improvements shall conform to the standards established in Regulations VIXX of the State Regulations Governing the Construction, Operation and Maintenance of Organized Camps in Tennessee, as provided in chapter 65, Public Acts of 1965.
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.
(1) Mobile home parks. The application for a mobile home park shall be filed with and issued by the city building inspector subject to the planning commission's approval of the mobile home park plan. The application shall be in writing and signed by the applicant and shall be accompanied by an approved plan of the proposed mobile home park. The plan shall contain the following information and conform to the following requirements:
(a) The plan shall be clearly and legibly drawn at a scale not smaller than 100 feet to one inch;
(b) Name and address of owner of record;
(c) Proposed name of park;
(d) North point and graphic scale and date;
(e) Vicinity map showing location and acreage of mobile home park;
(f) Exact boundary lines of the tract by bearing and distance;
(g) Names of owners of record of adjoining land;
(h) Existing streets, utilities, easements, and watercourses on and adjacent to the tract;
(i) Proposed design, including streets, proposed street names, lot lines with approximate dimensions, easements, land to be reserved or dedicated for public uses, and any land to be used for purposes other than mobile home spaces;
(j) Provisions for water supply, sewerage, and drainage;
(k) Such information as may be required by the city to enable it to determine if the proposed park will comply with legal requirements; and
(l) The application and all accompanying plans and specifications shall be filed in triplicate. Certificates that shall be required are:
(i) Owner's certification;
(ii) The planning commission's approval signed by the secretary; and
(iii) Any other certificate deemed necessary by the planning commission.
(2) Individual mobile homes. The application for an individual mobile home permit shall be filed with and issued by the city building inspector. Applications shall be in triplicate form and signed by the applicant. The application shall contain the following:
(a) The name of the applicant who is to reside in the mobile home;
(b) The location of the mobile home;
(c) A description of the mobile home, make, model and year;
(d) The state mobile home license number and date; or if property taxes are being paid by the applicant for said mobile home, the applicant shall indicate date taxes last paid and amount.
(e) Any additional information as may be required by the city to enable it to determine if the mobile home and site will comply with all legal requirements.
(3) Travel trailer parks. Applications for travel trailer parks shall meet the same requirements as contained in subsection (a) of this section.
(1) Board of appeals. The city regional planning commission shall serve as the board of appeals and shall be guided by procedures and powers compatible with state law. Any party aggrieved because of an alleged error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this chapter may appeal for and receive a hearing by the board of appeals (advised by the city attorney) for an interpretation of pertinent chapter provisions. In exercising this power of interpretation of this chapter, the board of appeals, with advice from the city attorney, may, in conformity with the provisions of this chapter, reverse or affirm any order, requirement, decision, or determination made by the building inspector.
(2) Appeals from board of appeals. Any person or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of appeals and the city attorney may seek review, by a court of record, of such decision in the manner provided by the laws of the state.
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.
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 55-1-126
Definitions
T.C.A. §§ 55-4-101 to 55-4-142
Registration and licensing, part 1
T.C.A. §§ 55-8-101 to 55-8-199
Rules of the road, part 1
T.C.A. §§ 55-9-201 to 55-9-205
Equipment, part 2, vehicles generally
T.C.A. §§ 55-9-302 to 55-9-308
Equipment, part 3, motorcycles, etc.
T.C.A. §§ 55-9-401 to 55-9-415
Equipment, part 4, lighting
T.C.A. §§ 55-9-601 to 55-9-606
Equipment, part 6, safety belts
T.C.A. § 55-12-139
Evidence of Compliance with Financial Responsibility Law
(1) Upon all unlaned streets of sufficient width, a vehicle shall be driven upon the right half of the street except:
(a) When lawfully overtaking and passing another vehicle proceeding in the same direction.
(b) When the right half of a roadway is closed to traffic while under construction or repair.
(c) Upon a roadway designated and signposted by the city for one-way traffic.
(2) All vehicles proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven as close as practicable to the right curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.
(Code 1972, § 9-110; Code 1995, § 15-104)
15-3 Carrying Passengers And Riding On Sidewalks Restricted
(1) No driver of a two- or three-wheel motor vehicle or bicycle shall carry any other person on, upon, or within such vehicle on any street or highway in the city except as provided in this section.
(2) If any two- or three-wheel motor vehicle with a wheel diameter of 12 inches or greater, or any bicycle, shall have either a double seating device with double footrests or a sidecar attachment providing a separate seat space within such sidecar attachment for each person riding therein so that such person shall be seated entirely within the body of said sidecar, then it shall be permissible for an operator who has attained the age of 16 years or older to carry a passenger.
(3) A demonstration ride by a licensed dealer or his employee is excepted from the provisions of this section.
(4) No motorcycle or motor scooter shall be ridden upon any sidewalk of the city. No bicycle shall be ridden upon a sidewalk, unless the sidewalk is part of the city-wide bikeway and is marked accordingly.
15-4 Motor Vehicle Windows With Tinting, Reflecting Or Sunscreen
(a) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle registered in the state, in which any window, which has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, has been altered, treated or replaced by the affixing, application or installation of any material which:
(i) Has a visible light transmittance of less than 35 percent; or
(ii) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below 70 percent.
(b) Any person who installs window tinting materials for profit, barter, or wages and/or commissions is defined as a professional installer for the provisions of this section, and it is unlawful for a professional installer to apply tinting materials to any vehicle so as to cause that vehicle to be in violation of this section.
(c) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, which includes:
(i) The installer's business name; and
(ii) The legend "Complies with T.C.A. § 55-9-107."
(d) All professional installers of window tinting materials shall supply each customer with a signed receipt for each vehicle to which tinting materials have been applied which includes:
(i) Date of installation;
(ii) Make, model, paint color and license plate number and state;
(iii) The legend "Complies with T.C.A. § 55-9-107 at date of installation"; and
(iv) The legend "This receipt shall be kept with vehicle registration documents."
(e) The owner of any vehicle in question has the burden of proof that such vehicle is in compliance with the provisions of this section.
(f) Any vehicle model permitted by federal regulations to be equipped with certain windows tinted so as to not to conform to the specifications of subsection (a)(1)a of this section is exempt from subsection (a)(1)a of this section with respect to those certain windows. Likewise, vehicles bearing commercial license plates or government service license plates that are used for law enforcement purposes shall be exempt from the specifications of subsection (a)(1)a of this section for those windows rearward of the front doors. This subsection (a) shall not be constructed in any way to exempt the front door windows of any vehicle of any kind from the specifications of subsection (a)(1)a of this section.
(2) Exemption; medical conditions requiring window tinting.
(a) Notwithstanding the provisions of subsection (a)(1) of this section to the contrary, any person with a medical condition that is adversely affected by ultraviolet light may submit a statement to the commissioner from that person's physician certifying that the person has a medical condition which requires reduction of light transmission in the windows of such person's vehicle in excess of the standards established in subsection (a) of this section. The commissioner shall submit the certified statement to the department's medical review board for evaluation. If the review board finds the exemption warranted, it shall recommend that the commissioner authorize the exemption and the degree of tinting exemption which is appropriate. The commissioner shall then supply a certificate or decal, indicating the degree of exemption, to the applicant who shall display it in the motor vehicle.
(b) Any applicant aggrieved by a decision of the medical review board or the commissioner may appeal in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in T.C.A. title 4, ch. 5. The appeal may be made to the chancery court of the county where the aggrieved applicant resides at the option of the applicant.
(3) It is probable cause for a full-time, salaried police officer of the state to detain a motor vehicle being operated on the public roads, streets or highways of the state when such officer has a reasonable belief that the motor vehicle is in violation of subsection (a)(1) of this section, for the purpose of conducting a field comparison test.
(4) It is a civil offense for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.
(5) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonably accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.
(6) The maximum penalty for a violation of this section shall be a civil penalty not in excess of $50.00.
(Code 1995, § 11-810; Ord. No. 931, 9-20-2005)
15-5 General Requirements For Traffic Control Signs, Etc.
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.
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.
(1) After proper determination of the traffic situation in the city, the city manager or his or her designee is empowered to erect traffic control signs, speed limit signs, and street markers to control traffic and to post any and all signs within the corporate limits of the city that may be so needed for the control of the traffic therein.
(2) After the traffic control legends, signs, etc., are posted, any person operating a vehicle contrary to the traffic control signals, signs, speed limit signs, and street markers shall be guilty of a civil offense.
(Code 1972, § 9-128; Code 1995, § 15-122)
15-8 City Manager Authorized To Issue Permits For Twin Trailers
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.
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.
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.
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.
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.
(1) Owners and operators of shopping centers in the city are authorized to post signs on and about the parking areas and private roadways on their properties giving notice that cruising on the property is prohibited.
(2) The term "cruising," as used in this section, means the continual, repeated, and aimless operation of a motor vehicle back and forth, through, around or within the parking areas and private roadways of a shopping center after 8:00 p.m. until the following sunrise, other than for the purpose of entering or leaving a parking space where the vehicle has been parked while the driver or passengers is or was visiting the shopping center or business.
(3) It shall be a violation of this section and a trespass for any person to cruise on any shopping center parking area and/or private roadways that have been posted by the owner or operator as authorized in subsection (a) of this section.
(Code 1972, § 9-206; Code 1995, § 15-306)
15-66 Driving On Streets Closed For Repairs Or Other Lawful Purpose
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.
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.
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.
(1) Authorized emergency vehicles shall be fire department vehicles, police vehicles, and such ambulances and other emergency vehicles as are designated by the chief of police.
(2) No driver of any vehicle shall follow any authorized emergency vehicle apparently traveling in response to an emergency call closer than 500 feet or drive or park such vehicle within 500 feet of where fire apparatus has stopped in answer to a fire alarm.
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.
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.
(1) It is unlawful for any person to cause unnecessary noise by unnecessarily sounding the horn, racing the motor, or causing the screeching or squealing of the tires on any motor vehicle. Furthermore, no person shall drive a motor vehicle on any road, street, or highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.
(2) It is unlawful to use a muffler cutout on any motor vehicle upon any road, street or highway.
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.
(1) Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of business establishments upon such property or adjoining property, or for use otherwise in connection with activities conducted upon such property or adjoining property, after such person has been requested or ordered to leave the property or to cease doing any of the foregoing actions, commits a civil offense. A request or order under this section may be given by a law enforcement officer or by the owner, lessee, or other person having the right to the use or control of the property, or any authorized agent or representative thereof, including, but not limited to, private security guards hired to patrol the property.
(2) As used in this section, the term "motor vehicle" includes an automobile, truck, van, bus, recreational vehicle, camper, motorcycle, motor bike, moped, go-cart, all-terrain vehicle, dune buggy, and any other vehicle propelled by motor.
(3) A property owner, lessee or other person having the right to the use or control of property may post signs or other notices upon a parking area, driving area or roadway giving notice of this section and warning that violators will be prosecuted, provided that the posting of signs or notices shall not be a requirement to prosecution under this section and failure to post signs or notices shall not be a defense to prosecution hereunder.
(4) The maximum penalty for a violation of this section shall be a civil penalty not in excess of $50.00.
(1) Except as hereinafter provided, every vehicle parked upon a street within the city shall be so parked that its right wheels are parallel to and within 18 inches of the right edge or curb of the street. On one-way streets where the city has not placed signs prohibiting the same, vehicles may be permitted to park on the left side of the street and, in such cases, the left wheels shall be required to be within 18 inches of the left edge or curb of the street.
(2) No person shall park or leave a vehicle, motorized or non-motorized, or any trailer parked on any other public street for more than 24 hours without prior approval of the city manager, or his/her designee. Upon written request, the city manager, or his/her designee, will investigate the proposed parking to ensure that the parked vehicle or trailer does not pose a traffic hazard and, upon determining that no hazard exists, may grant approval for the vehicle or trailer to be parked on the public street. In no case will permission be granted for more than seven days.
(3) Furthermore, no person shall wash, grease, or work on any vehicle, except to make repairs necessitated by an emergency, while such vehicle is parked on a public street.
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.
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.
No person shall park a vehicle in violation of any sign placed or erected by the city nor:
(1) On a sidewalk.
(2) In front of a public or private driveway.
(3) Within an intersection or within 15 feet thereof.
(4) Within 15 feet of a fire hydrant.
(5) Within a pedestrian crosswalk.
(6) Within 50 feet of a railroad crossing.
(7) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance.
(8) Alongside or opposite any street excavation or obstruction when other traffic would be obstructed.
(9) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(10) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
(11) Alongside any curb painted yellow or red by the city.
(12) Alongside or within a fire lane, provided such fire lane has been properly signposted or indicated by pavement marking.
(13) Within 30 feet upon the approach of any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.
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.
(1) Lines, markings to designate free parking spaces. The city manager shall have lines or markings painted or placed upon the curb and/or upon the street for the purpose of designating the parking spaces to be used and each vehicle parking adjacent or next to any parking space shall park within the lines or markings so established. It is a civil offense to park any vehicle across any such line or marking or to park the vehicle in such position that the same shall not be entirely within the area designated by such lines or markings.
(2) Overtime parking prohibited. It is a civil offense for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to be parked overtime or beyond the period of legal parking time established for any parking zone.
(3) Driver's implied consent to parking control marks on tires; erasure or concealment of parking control marks on vehicle tires prohibited; evading parking time limitation prohibited.
(a) Any person who operates any vehicle upon the streets, thoroughfares and public travelways within the corporate limits of the city and who utilizes the two-hour free on-street parking spaces provided herein gives his or her consent to the placement of nonpermanent parking control marks upon the tires of any vehicle parked in the designated two-hour free parking spaces.
(b) It is a civil offense for any person to cause, allow, or permit the movement of any vehicle within the same parking space as to cover up or otherwise conceal the nonpermanent parking control marks placed upon vehicle tires by law enforcement officers to compute overtime parking or to in any manner, erase, wash, remove, obscure, obliterate, or otherwise wipe off the time marks placed upon the vehicle's tires while parked in the same parking space.
(c) It is a civil offense for a vehicle to be moved with the purpose of evading parking time limitation to another parking space located within the same city block. The movement of a vehicle less than 30 minutes before or after the expiration of the parking time limitation from one parking space to such other parking space shall be presumed to have been moved with the purpose of evading the parking limitation.
(d) Any person found in violation of this section shall be deemed guilty of a civil offense and, upon conviction, shall pay a civil penalty as assessed by the city judge.
(Code 1995, § 15-606; Ord. No. 770, 12-15-1992)
15-98 Unlawful To Park In Space Designated For Disabled Persons
(1) Unless qualified, it is unlawful for the operator of a vehicle to park in a space designated for disabled persons, unless the driver or an occupant of the vehicle meets the definition of a medically disabled person.
(2) The term "disabled parking stall" means a stall so designated by a disabled parking sign as well as pavement marking symbols. The sign shall be in accordance with the Federal Highway Administration's Manual on Uniform Traffic Control Devices.
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.
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.
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.
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.
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.
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
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.
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
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
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
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
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
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.
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.
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.
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.
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.
(1) It is unlawful for any person, firm, corporation, public or private utility, association, or others to make any cut or excavation in any street, curb, sidewalk, alley, or public right-of-way or to tunnel under any street, sidewalk, curb, alley, or public right-of-way in the city without having first obtained a rights-of-way construction permit, as herein required, and without complying with the provisions of this chapter, and it is unlawful to violate, or to vary from, the terms of any such permit; provided, however, any person maintaining existing pipes, lines, driveways, or other facilities in or under the surface of any public right-of-way may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practicably have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the city manager is open for business and the permit shall be retroactive to the date when the work was begun; however, the city manager or his designee shall have the authority to waive emergency permits.
(2) No one shall cut, build, or maintain a commercial or residential driveway across a public right-of-way without first obtaining a rights-of-way construction permit from the city manager or his designee and receiving the necessary lines and grades from the public works department. Such a permit will not be issued when the contemplated driveway is to be so located or constructed as to create an unreasonable hazard to pedestrian and/or vehicular traffic.
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:
(1) Name of the owner or operator of the facility; and
(2) A sketch or drawing of the project; and
(3) Dates of the construction activity, the proposed start and stop times and any proposal to temporarily reopen any roadway for any peak hour period; and
(4) The names of any known subcontractors working on the proposed project under the applicant's responsibility and authority; and
(5) Proof of payment of all money due the city for rights-of-way construction permit fees and any invoiced cost, loss, damage, or expense suffered by the city as a result of the applicant's prior construction activity, including, but not limited to, any emergency action taken by the city; and
(6) Evidence that the applicant has obtained the insurance coverage required by ACC 16-55; and
(7) A traffic control plan if traffic is going to be impacted; and
(8) A list of the applicant's emergency providers, including name of company, local contact person, mailing and e-mail address, 24-hour emergency phone number, and pager or fax number. This information shall be kept current by written notice to the public works director;
(9) For major projects, as determined by the public works director, the following may be required:
(a) Detailed engineering plans. The plans shall show the location and area of the proposed project, the locations of all existing and proposed equipment and/or facilities, the height and/or depth of the proposed equipment and/or existing facilities, and the spatial relationship with any adjacent infrastructure, right-of-way line, easement, utility, and/or other physical features. The plans shall be prepared under the direction of and signed by a registered professional engineer and shall meet the size and scale as set forth in the department of public works' standard design criteria manual; and
(b) A copy of the engineering plans in an electronic format acceptable to the public works director; and
(c) The applicant shall meet with the public works director for a pre-work conference prior to issuance of a rights-of-way construction permit.
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.
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.
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.
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.
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.
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.
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.
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.
(1) Each right-of-way occupant and permittee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees, and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings, and judgments for damages or equitable relief arising out of the installation, construction, maintenance, or operation of facilities by the right-of-way occupant or permittee; the conduct of the right-of-way occupant's business in the city; or in any way arising out of the right-of-way occupant's enjoyment or exercise of the privileges granted by the city or applicable law, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by the city, other applicable law, or the terms of any grant to occupy the right-of-way.
(2) Each right-of-way occupant and permittee shall indemnify and hold harmless the city and its elected and appointed officers, officials, boards, commissions, commissioners, employees, agents, and volunteers from and against any and all claims, demands, suits, or causes of action (whether frivolous or otherwise) of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the city arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the right-of-way occupant or permittee, or its agents, independent contractors, or employees related to or in any way arising out of the construction, operation or repair of the facilities in question.
(3) The indemnity provision of this section includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise), or proceeding, as well as the reasonable value of any services rendered by the city attorney, or city staff or employees.
(4) Nothing in this chapter shall be construed to waive any immunity the city enjoys under applicable law or constitution.
(5) Acceptance of the provisions of this section shall be a condition of all rights to occupy city rights-of-way or to obtain a rights-of-way construction permit.
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.
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.
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.
(1) A rights-of-way occupant shall, within three months from the date of notification, at its own expense, permanently relocate, protect, or modify any part of its facility when required by the city by reason of traffic safety, public safety, road construction, change of street grade, installation of water, stormwater, or sanitary pipes, traffic signal devices, or any other types of city improvement projects. The city manager may recommend such actions in order to prevent interference by the rights-of-way occupant's facilities with a present or future city use of the city's rights-of-way; or a capital improvement project funded and scheduled to be undertaken by the city; or an economic development project in which the city has an interest or investment. The city manager may also recommend such actions when the public health, safety and welfare require it; or when necessary to prevent interference with the safety and convenience of ordinary travel over the rights-of-way, both vehicular and pedestrian; or when above-ground equipment is located in such a manner as to create an obstruction to a driver's line of sight. The rights-of-way occupant may for due cause make application to the public works director for an extension to complete such relocation as required by this section.
(2) Failure by the rights-of-way occupant to relocate its facilities within five months from date of notification shall result in the rights-of-way occupant being assessed liquidated damages for each day of the delay. The daily amount of liquidated damages shall be determined by the liquidated damages contained in any construction contracts the city may have entered into in conjunction with infrastructure improvements that necessitate the need for the rights-of-way occupant to relocate its facilities. In those cases where the city is performing the infrastructure improvements with city forces, the amount of the daily liquidated damages shall be the average of the daily liquidated damages amounts found in all city contracts for the past two years, commencing with the date of notification referenced above. If the rights-of-way occupant fails to pay the city for the liquidated damages as charged, the total amount of liquidated damages (daily amount multiplied by the number of days delayed) shall be attached to the cost of any future permit the rights-of-way owner may apply for to install, extend or improve their facilities within the city's rights-of-way, and no permit shall be issued until the total costs are paid.
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.
(1) The city has established an official system of street names in the city as shown on a map of record in the city manager's office. The map is entitled "Street Map, Athens, Tennessee," and is dated April 1, 1962. It is incorporated herein and made a part of this section by reference.
(2) The names of streets in the city shall remain as shown on the map unless officially changed by ordinance.
(3) No new streets shall be accepted by the city nor any municipal improvements made therein until such streets have been named. When new streets are extensions of existing streets, the existing names shall be continued; if not extensions, they shall be given names which neither duplicate nor closely approximate street names already assigned.
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
(1) The widths of existing and proposed streets shall from time to time be classified by the city council and the regional planning commission and shown on the city street map.
(2) Existing streets are only those streets which are shown as such on the street map. Proposed streets are contemplated streets through undeveloped property. Previous recording at the courthouse does not constitute an existing street. A street shall be opened only by resolution after prior approval of the planning commission. Building permits shall be issued only for property which abuts an existing street for 40 feet.
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.
(1) The city council may initiate abutting districts for any proposed or existing street within the corporate limits of the city. The city may also improve any street within the corporate limits of the city when it deems such improvement is in the best interests of the citizens and residents of the city.
(2) Other abutting districts may be initiated by the property owners or by developers by means of a subdivision in accordance with this title.
(3) Nothing in the street policy of the city as contained in this chapter shall be construed to limit and restrict the right of the city to initiate improvements by special assessment as provided by the T.C.A. § 7-32-101 et seq., the same being the general state law governing street improvements by special assessment.
(1) The city manager or his or her designee shall determine the character and type of construction and materials to be used in the construction of council-initiated street improvements and shall determine whether any or all of the work shall be done by contract or by city force account.
(2) All streets shall be first approved by the planning commission and shall be sized according to their classification. All streets shall meet the subdivision regulation standards except for area accesses or council-initiated improvements. Building permits shall not be issued for property abutting area accesses or driveways until the street is improved to meet subdivision regulation standards.
(1) Abutment districts. Abutment districts are available for residents on any existing street and may include streets, sidewalks, sanitary sewers and storm sewers.
(2) Conservation districts. Conservation districts shall be determined by a housing analysis for urban renewal under the direction of the planning commission. Abutting property owners in conservation districts will be required to improve their houses or property as recommended by the housing analysis.
(3) Requests by petition. All requests for improvements under the abutment district or the conservation district shall be made by petition to the city council on petition forms prepared and furnished by the city.
(4) Limitation of petitions. No petition will be considered unless the owners of 51 percent of the footage represented sign the petition. No petition shall be considered by the city council for the full proposed improvement of less than one block of a street except in case of storm sewers. The term "block" means that part of a street between two intersecting streets. Petitions for sidewalk improvement shall be separate from other improvements.
(5) Factors of considering petitions by the city council. The following factors shall be considered by the city council when considering each petition for street improvements:
(a) Time of filing petition with city manager.
(b) Classification of streets proposed to be improved in the city street system.
(c) Percentage of development of lots on streets proposed to be improved.
(d) Estimated unit cost of the proposed improvement.
(6) Assessment and charges. Assessments shall be payable in cash, or, if any property owner should so elect and give notice to the fact in writing to the city, such property owner shall have the option and privilege of paying the assessments in five equal installments, such installments to bear interest at the rate of six percent per annum from the date of the confirmation of the assessment roll.
(Code 1972, § 12-406; Code 1995, § 16-406)
CHAPTER 16-V SKATEBOARDING, ROLLER SKATING, AND SIMILAR ACTIVITIES
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.
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™."
(1) If the property is owner-occupied property, the owner shall submit a written application requesting a designation of a no skateboarding, roller skating or rollerblading.
(2) If the property is occupied by tenants of the owner, then the tenants may submit a written application, with the exception that, for multifamily property, two-thirds of the tenants must sign supporting a designation of no skateboarding, roller skating, or rollerblading, and the application shall also contain the written consent of the property owner or his or her designated representative.
(1) Prior to the enforcement upon private property of the prohibition on skateboarding, roller skating, or rollerblading, or similar activity, the area so designated shall be posted with signs, which provide substantially as follows: "Skateboarding, roller skating or similar activity is prohibited by title 16, chapter 16-V, of the Athens City Code. Any violation is punishable by a civil penalty of up to $50.00."
(2) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area or at prominent locations therein. Signs of appropriate size and wording will be provided to property owners upon approval of an application for a particular location to be designated as a no skateboarding, roller skating, or similar activity area. It shall be the responsibility of the property owner or tenants to post signs in appropriate locations, to be designated by the appropriate city official, and to maintain all signs thereafter.
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
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.
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.
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.
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
Every request for the abandonment of a street or right-of-way, or any part thereof, shall be accompanied by the following information:
(1) Copy of the official street map and copy of the current property assessor map indicating the specific parcels abutting the street or right-of-way proposed for abandonment.
(2) Exact legal description of the portion of the street or right-of-way proposed for abandonment prepared by a registered land surveyor.
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.
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:
(1) All owners of real property abutting a street or right-of-way proposed for closure or closure and abandonment shall be notified by the community development department in writing of the time and place at which the municipal/regional planning commission will consider the matter.
(2) The community development department shall provide a recommendation for or against closure and/or abandonment and shall provide the comments from the applicable city departments.
(3) The municipal/regional planning commission shall hold a public hearing prior to considering the matter for action.
(4) The recommendation of the municipal/regional planning commission to the council shall be for the approval, approval with conditions, or disapproval of the closure or abandonment.
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.
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.
(1) It is unlawful for any person or entity, including utility districts, to make any excavation in any street, alley, or public place, or to tunnel under any street, alley, or public place without having first obtained a permit as herein required and without complying with the provisions of this chapter.
(2) It is also unlawful to violate, or vary from, the terms of any such permit; provided, however, any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately and a permit cannot reasonably and practicably be obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the recorder is open for business, and the permit shall be retroactive to the date when the work was begun.
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.
(1) No excavation permit shall be issued unless and until the applicant therefor has deposited with the recorder a cash deposit. The deposit shall be in the sum of $500.00 if no pavement is involved or $1,000.00 if the excavation is in a paved area and shall ensure the proper restoration of the ground and laying of the pavement, if any.
(2) When the amount of the deposit is clearly inadequate to cover the cost of restoration, the recorder may, after consultation with public works or an engineer, increase the amount of the deposit to an amount considered by him to be adequate to cover the cost. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement and of making the refill if this is done by the city or at its expense. The balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
(3) In lieu of a deposit, the applicant may deposit with the recorder a surety bond in such form and amount as the recorder shall deem adequate to cover the costs to the city if the applicant fails to make proper restoration.
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.
(1) Any person or entity making any excavation or tunnel in or under any street, alley, or public place in the city shall restore the street, alley, or public place to its original condition except for the surfacing, which shall be done by the city but shall be paid for promptly upon completion by such person or entity for which the excavation or tunnel was made.
(2) In case of unreasonable delay in restoring the street, alley, or public place, the recorder shall give notice to the person or entity that, unless the excavation or tunnel is refilled properly within a specified reasonable period of time, the city will do the work and charge the expense of doing the same to such person or entity. If within the specified time the conditions of the above notice have not been complied with, the work shall be done by the city, an accurate account of the expense involved shall be kept, and the total cost shall be charged to the person or entity who made the excavation or tunnel.
(1) In addition to making the deposit or giving the bond hereinbefore required in ACC 16-191 to ensure that proper restoration is made, each person applying for an excavation permit shall file a certificate of insurance 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.
(2) The amount of the insurance shall be prescribed by the recorder in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury shall not be less than $300,000.00 for each person, and not less than $700,000.00 for each accident, and for property damages not less than $100,000.00 for each accident.
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.
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.
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.
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.
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.
(1) Each owner, occupant, tenant, subtenant, lessee, or others using or occupying any building, house, structure, or grounds within the corporate limits of the city where refuse materials and substances, as defined in ACC 17-1, accumulate or are likely to accumulate shall provide an adequate number of approved containers for the storage of such refuse, except business and industrial establishments using city-owned receptacles as described in ACC 17-5(3).
(2) All refuse shall be drained free of liquids before disposal.
(3) Garbage (including animal waste) shall be wrapped in paper or similar material.
(4) All cans, bottles, or other food containers shall be free of food particles and drained before disposal.
(5) Rubbish shall be:
(a) Placed in approved containers; or
(b) Cut and baled, tied, bundled, stacked, or packaged so as not to exceed 36 inches in length and 50 pounds in weight.
(6) Leaves shall be collected on a nonscheduled basis without additional charge to the regular refuse collection fees. Leaves must be placed in windrows adjacent to the curb or the street right-of-way. In no case may windrows of leaves be extended more than six feet back from the curbline or street right-of-way.
(7) Ashes that have been exposed to the weather and are completely free of fire or smoke may be placed in regular containers. Hot ashes that may result in damage to refuse packers or containers or may result in injury to the collectors shall not be placed in containers.
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.
(1) Residential refuse containers (tote carts) shall be issued by the city for use in the city's automated collection system at each residence where refuse and rubbish is generated and refuse and rubbish collection normally occurs. The city will not pick up garbage in privately owned containers or tote carts. Refuse containers shall likewise be issued by the city to certain business establishments. These containers are owned by and will be replaced by the city if they become damaged due to normal wear and tear. When the user associated with a collection site, whether a residence or business, relocates from the collection site, the refuse container shall be returned to public works as the container is not the property of the owner of a residence or business to which the container was assigned. Each refuse container shall be equipped with tightfitting lids or covers to preclude the free access of flies and insects and to prevent the containers from collecting water during rain or snow events. The lids or covers shall be kept in place at all times except when refuse is being deposited therein or removed therefrom by the collector.
(2) Refuse containers shall be maintained in good order and repair. They shall be placed in the location shown by the city, and failure to place it in the right place, obstructing the container by placing it too close to an object, not bagging garbage placed in the container, overloading the container, or placing improper materials in the container shall be reason for the container to be passed up for that week.
(3) Business and industrial establishments shall deposit, in city-owned refuse receptacles provided for multiple use, all refuse from their establishments in the receptacle assigned to them. They shall break down or nest all cardboard boxes prior to depositing them in the receptacles. Business and industrial establishments utilizing the city-owned receptacles are exempt from the requirements in subsection (1) of this section.
(4) Business and industrial establishments not served by a city-owned dumpster shall be provided with city-owned tote cart sufficient in number of containers to fully contain all refuse accumulated between collection periods. They will be limited to three containers, and any user which would generate more garbage than the three tote carts will hold will be required to use dumpster services.
(5) Refuse containers must be located outside of buildings. They shall be placed where they will not become a traffic or fire hazard and will be accessible to city sanitation employees.
(6) The user at each collection site shall place the refuse containers or other solid waste adjacent to the street, curbside, sidewalk and/or alley. City-issued waste containers, including refuse containers (tote carts), shall not be placed adjacent to the street, curbside, sidewalk or alley for more than 24 hours prior to any regularly scheduled collection or for more than 24 hours after collection occurs, to inhibit and prevent theft and vandalism of the city-owned containers and to keep city streets, curbsides, sidewalks and/or alleys free from obstacles. If a city-issued and -owned container is vandalized or stolen, the assigned user at the collection site must file a police report within 48 hours of theft or vandalism. Provided theft or vandalism is reported within 48 hours thereof, and theft or vandalism occurred during the time the container is permitted to be located at the street, curbside, sidewalk, and/or alley for collection, the container will be replaced by the city through its public works department. It shall be the responsibility of the user at the collection site to provide the public works department with a copy of the police report. In the event it is determined that theft or vandalism occurred due to the user not removing the refuse container from the street, curbside, sidewalk, and/or alley within 24 hours of collection, the resident will be responsible for the costs to replace the container for failure to timely remove the container from the street, curbside, sidewalk and/or alley.
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
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.
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
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.
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.
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.
(a) Refuse containers shall be placed for collection at ground level on the property at the curbline where collection is made unless the subscriber has made arrangements to place the refuse container at another point and has so advised the city sanitation department of the location.
(b) Persons served by an alley abutting the property of the person shall place refuse containers as near as possible to the alley line, but not more than five feet from the alley line, on the day of collection service.
(c) Persons with unpaved or graveled driveways not capable of accommodating a refuse vehicle shall place refuse containers as near as possible to the street right-of-way or curbline on the day of collection.
(d) The city will not be responsible for driveways, shrubbery, downspouts, lawns, etc., damaged while in the process of entering the premises for the purpose of collecting refuse. It shall be deemed lawful to enter the premises for the purpose of removing refuse unless the person being serviced objects to the collection equipment entering the premises and advises the city sanitation department in writing of the objection.
(2) Commercial or business points of collection.
(a) Placement of containers other than city-owned receptacles shall comply with ACC 17-5.
(b) Commercial or business firms disposing of refuse under the provisions of ACC 17-11 may be permitted to place containers at places upon their premises by agreement of the contractual party or to suit the needs of the person responsible for the removal of refuse.
(1) Refuse collection shall be made in the residential districts on regular scheduled routes so as to provide one collection per week for each residence subscriber.
(2) Refuse collection shall be made in commercial or business areas as frequently as needed to prevent the occurrence of nuisances and public health problems in the city.
(Code 1972, § 8-113; Code 1995, § 17-112)
17-43 Refuse Collection And Disposal Service Charges
(1) Institutional, professional, industrial, fraternal, commercial or business establishments operated within the city shall pay a minimum monthly fee as determined by city council and adopted through its annual budget, plus an additional amount for receipt of services as determined by the department of sanitation; however, businesses operating out of their residences or vehicles may be eligible for a credit of 100 percent for the service, as determined by the supervisor of the city's sanitation department.
(2) All residences within the city shall pay a minimum monthly fee for residential refuse service, as determined by city council and adopted through its annual budget. Those residents needing more than one container, as determined by the city, will pay the minimum rate set by the city council, plus additional charges based on the number of additional containers, and shall not be eligible for tax relief services. However, those citizens who qualify for property tax relief and citizens who would otherwise qualify for property tax relief but do not own their residences, and who use only one city-issued container, will be eligible for a credit of 100 percent for the service.
(3) The city council may establish service boundaries limiting the daily refuse pickup service to customers within the boundaries. Proper notice may be given to customers outside the boundaries by publishing a map in a local newspaper on three successive days in sufficient notice that the service cannot be provided on a daily basis.
(1) Institutional, professional, industrial, fraternal, or commercial service charges shall be billed through procedures prescribed by the city manager. A penalty of five percent per month on the unpaid balance shall be imposed and collected on all delinquent refuse accounts.
(2) Privately licensed waste haulers.
(a) Commercial, industrial, institutional, professional, fraternal, and business establishments and contractors (including demolition waste) electing to utilize a privately licensed waste hauler must provide evidence of a paid invoice on a quarterly basis to the city sanitation foreman for the minimum billing to be waived. If proper evidence is not provided, minimum billing along with any penalties are due to the city.
(b) The city may elect to deny waste collection to commercial, industrial, institutional, professional, fraternal, and business establishments and contractors (including demolition wastes) due to waste being hazardous, causing damage to city equipment or inadequate equipment to properly handle the waste.
(3) All institutional, professional, industrial, fraternal, commercial, and business establishments and contractors requiring special handling or special rates due to unusual situations that prevent the charges from being placed on the utility statement will be billed and collected by the director of finance.
(1) All refuse accumulated within the corporate limits shall be collected, conveyed, and disposed of under the supervision of such officer as the city manager shall designate. Collections shall be made regularly in accordance with an announced schedule.
(2) Quantities of tree limbs and debris, etc., equivalent to a full trailer load (20 cubic yards) or more shall be deposited for collection only after approval and direction of the city manager or his designee. For this extra disposal service, the applicant shall pay a minimum fee as determined by city council and adopted through its annual budget.
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.
(1) Any person, firm, or corporation who shall violate any of the provisions of this chapter or who fail or refuse to obey any notice or order issued by the health officer or the supervisor of the city sanitation department with reference to the storage, accumulation, or disposal of refuse as set forth in this chapter shall be guilty of a civil offense.
(2) Any person, firm or corporation that uses the facilities and does not comply with ACC 17-44 and/or pay for the use of the storage containers provided by the city to the various institutional, professional, industrial, fraternal, commercial or business establishments shall be guilty of a civil offense.
(1) This chapter sets forth uniform requirements for users of the city wastewater treatment system and enables the city to comply with the Federal Clean Water Act and the Tennessee Water Quality Control Act and rules adopted pursuant to these acts. The objectives of this chapter are:
(a) To protect public health;
(b) To prevent the introduction of pollutants into the municipal wastewater treatment facility which will interfere with the system's operation;
(c) To prevent the introduction of pollutants into the municipal wastewater treatment facility that will pass through the facility, inadequately treated, into the receiving waters, or otherwise be incompatible with the treatment facility;
(d) To protect facility personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(e) To promote reuse and recycling of industrial wastewater and sludge from the facility;
(f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the facility; and
(g) To enable the city and municipal wastewater treatment facility to comply with National Pollution Discharge Elimination System (NPDES) permit conditions, sludge and biosolids use and disposal requirements, and any other federal or state industrial pretreatment rules to which the city and facility is subject.
(2) In meeting these objectives, this chapter provides that all persons in the city must have adequate wastewater treatment either in the form of a connection to the municipal wastewater treatment system or, where the system is not available, an appropriate private disposal system.
(3) This chapter shall apply to all users inside or outside the city who are, by implied contract or written agreement with the city, through the Athens Utilities Board (AUB), dischargers of applicable wastewater to the wastewater treatment facility. ACC chapter 18-II provides for the regulation of the wastewater system by the Athens Utilities Board. ACC chapter 18-III provides for the issuance of permits to system users, for monitoring, compliance, and enforcement activities, and establishes administrative review procedures for industrial users or other users whose discharge can interfere with or cause violations to occur at the wastewater treatment facility.
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:
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any person who performs similar policy- or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to ensure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental agency: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.
(4) The individual described in subsections (a) through (c) of this definition may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
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:
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building structure, facility or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (a)(2) or (3) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined in this section has commenced if the owner or operator has:
(a) Begun or caused to begin as part of a continuous on-site construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
(ii) Significant site preparation work, including cleaning, excavation or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
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:
(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR ch. I, subch. N; and
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding sanitary, non-contact cooling and boiler blowdown wastewater), contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
Significant noncompliance means:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for each parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit.
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required.
(3) Any other violation of a pretreatment standard or requirement (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the WWF determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of WWF personnel or the general public).
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the WWF's exercise of its emergency authority under section 305(1)(b)(i)(D), emergency order, of the Clean Water Act, to halt or prevent such a discharge.
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) Failure to provide, within 45 days after their due date, required reports, such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations, which may include a violation of best management practices, which the WWF determines will adversely affect the operation or implementation of the local pretreatment program.
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.
(1) It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the service area of the city any human or animal excrement, garbage, or other objectionable waste.
(2) It is unlawful to discharge to any waters of the state within the service area of the city any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this title or city or state regulations.
(3) Except as herein provided, it is unlawful to construct or maintain any privy, privy vault, cesspool, or other facility intended or used for the disposal of sewage.
(4) Except as provided in subsection (6) of this section, the owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the service area in which there is now located or may in the future be located a public sanitary sewer is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper private or public sewer in accordance with the provisions of this chapter. Where the public sewer is available, property owners shall, within 60 days after date of official notice to do so, connect to the public sewer. Service is considered available when the Athens Utilities Board (AUB) can reasonably provide such. If line extensions are required, they will conform to the AUB's current policies and procedures.
(5) Where a public sanitary sewer is not available under the provisions of subsection (4) of this section, the building sewer shall be connected to a private sewage disposal system complying with the provisions of ACC 18-5.
(6) The owner of a manufacturing facility may discharge wastewater to the waters of the state, provided that he obtains an NPDES permit and meets all requirements of the Federal Clean Water Act, the NPDES permit, and any other applicable local, state, or federal statutes and regulations.
(a) Where a public sanitary sewer is not available under the provisions of ACC 18-4(4), the building sewer shall be connected, until the public sewer is available, to a private wastewater disposal system complying with the provisions of the applicable local and state regulations.
(b) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. When it becomes necessary to clean septic tanks, the sludge may be disposed of only according to applicable federal and state regulations.
(c) Where a public sewer becomes available, sewer use charges may be billed by the Athens Utilities Board and the building sewer shall be connected to the sewer within 60 days after date of official notice from the city to do so.
(2) Requirements.
(a) The type, capacity, location and layout of a private sewerage disposal system shall comply with all local or state regulations. Before commencement of construction of a private sewerage disposal system, the owner shall first obtain a written approval from the county health department. The application for such approval shall be made on a form furnished by the county health department, which the applicant shall supplement with any plans or specifications that the department has requested.
(b) Approval for a private sewerage disposal system shall not become effective until the installation is completed to the satisfaction of the local and state authorities, who shall be allowed to inspect the work at any stage of construction.
(c) The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of the state department of environment and conservation and the county health department. No septic tank or cesspool shall be permitted to discharge to waters of the state.
(d) No statement contained in this chapter shall be construed to interfere with any additional or future requirements that may be imposed by the city and the county health department.
(a) All costs and expenses incident to the installation, connection, and inspection of the building sewer shall be borne by the owner, including all service and connection fees. The owner shall indemnify the city from any loss or damage that may directly or indirectly be caused by the installation of the building sewer.
(b) A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Where property is subdivided and buildings using a common building sewer are now located on separate properties, the building sewers must be separated within 60 days.
(c) Old building sewers may be used in connection with new buildings only when they are found on examination and tested to meet all requirements of this chapter. All others may be sealed to the specifications of the city.
(d) Building sewers shall conform to the following requirements:
(i) The minimum size of a building sewer shall be as follows: A conventional sewer system shall be four inches.
(ii) The minimum depth of a building sewer shall be 18 inches.
(iii) Building sewers shall be laid on the following grades: Four-inch sewers shall be one-eighth inch per foot. Larger building sewers shall be laid on a grade that will produce a velocity when flowing full of at least two feet per second.
(iv) Building sewers shall be installed in uniform alignment at uniform slopes.
(v) Building sewers shall be constructed only of polyvinyl chloride pipe schedule 40 or better. Joints shall be solvent welded or compression gaskets designed for the type of pipe used. No other joints shall be acceptable.
(vi) Cleanouts shall be provided to allow cleaning in the direction of flow. A cleanout shall be located five feet outside of the building, as it crosses the property line, and one at each change of direction of the building sewer which is greater than 45 degrees. Additional cleanouts shall be placed not more than 75 feet apart in horizontal building sewers of six-inch nominal diameter and not more than 100 feet apart for larger pipes. Cleanouts shall be extended to or above the finished grade level directly above the place where the cleanout is installed and protected from damage. A Y (wye) and one-eighth bend shall be used for the cleanout base. Cleanouts shall not be smaller than four inches. Blockages on the property owner's side of the property line cleanout are the responsibility of the property owner.
(vii) Connections of building sewers to the public sewer system shall be made only by the Athens Utilities Board in accordance with established policies and procedures.
(viii) In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved pump system according to ACC 18-34 and discharged to the building sewer at the expense of the owner.
(ix) The methods to be used in excavating, placing of pipe, jointing, testing, backfilling the trench, or other activities in the construction of a building sewer which have not been described above shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city or to the procedures set forth in appropriate specifications by the ASTM. Any deviation from the prescribed procedures and materials must be approved by the city before installation.
(x) An installed building sewer shall be gastight and watertight.
(e) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property shall not be disturbed without prior approval of the city and all public property disturbed in the course of work shall be restored in a manner satisfactory to the city.
(f) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, basement drains, sump pumps, or other sources of surface runoff or groundwater to a building directly or indirectly to a public sanitary sewer.
(g) Inspection of connections.
(i) All building sewers from the building to the public sewer main line shall be inspected by the city before the underground portion is covered by the contractor or owner.
(ii) The applicant for discharge shall notify the city when the building sewer is ready for inspection.
(2) Maintenance of building sewers. Each individual property owner shall be entirely responsible for the construction, maintenance, repair or replacement of the building sewer as deemed necessary to meet specifications of the city. Owners failing to maintain or repair building sewers or who allow stormwater or groundwater to enter the sanitary sewer may face enforcement action by the Athens Utilities Board up to and including discontinuation of water and sewer service.
(3) Sewer extensions. All expansion or extension of the public sewer constructed by property owners or developers must follow the established policies and procedures developed by the Athens Utilities Board.
(1) This chapter sets forth uniform requirements for users of the Athens Utilities Board (AUB) wastewater treatment system and enables the AUB to comply with the Federal Clean Water Act and the Tennessee Water Quality Control Act and rules adopted pursuant to these acts. The objectives of this chapter are:
(a) To protect public health;
(b) To prevent the introduction of pollutants into the AUB's wastewater treatment facility which will interfere with the system's operation;
(c) To prevent the introduction of pollutants into the AUB's wastewater treatment facility that will pass through the facility, inadequately treated, into the receiving waters, or otherwise be incompatible with the treatment facility;
(d) To protect facility personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(e) To promote reuse and recycling of industrial wastewater and sludge from the facility;
(f) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the facility; and
(g) To enable the AUB to comply with National Pollution Discharge Elimination System (NPDES) permit conditions, sludge and biosolids use and disposal requirements, and any other federal or state industrial pretreatment rules to which the facility is subject.
(2) This chapter shall apply to all users inside or outside the city who are, by implied contract or written agreement with the AUB, dischargers of applicable wastewater to the wastewater treatment facility. This chapter provides for the regulation of the wastewater system by the Athens Utilities Board. ACC chapter 18-III provides for the issuance of permits to system users and for monitoring, compliance, and enforcement activities and establishes administrative review procedures for industrial users or other users whose discharge can interfere with or cause violations to occur at the wastewater treatment facility.
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.
(1) Application for service. The owner or his agent shall make application for connection on a special form furnished by the Athens Utilities Board. Applicants for service to commercial and industrial establishments shall be required to furnish information about all waste-producing activities, wastewater characteristics and constituents. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. Details regarding commercial and industrial permits include, but are not limited to, those required by this chapter. Service connection fees for establishing new sewer service are paid to the Athens Utilities Board, and service connections shall conform to the Athens Utilities Board's established policies and procedures. Users shall notify the Athens Utilities Board of any proposed new introduction of wastewater constituents or any proposed change in the volume or character of the wastewater being discharged to the system a minimum of 60 days prior to the change. The Athens Utilities Board may deny or limit this new introduction or change based upon the information submitted in the notification.
(2) Prohibited connections. No person shall make connections of roof downspouts, sump pumps, basement wall seepage or floor seepage, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any such connections which already exist on the effective date of the ordinance from which this chapter is derived shall be completely and permanently disconnected within 60 days of the effective date of the ordinance from which this chapter is derived. The owners of any building sewer having such connections, leaks or defects shall bear all of the costs incidental to removal of such sources. Pipes, sumps and pumps for such sources of groundwater shall be separate from the sanitary sewer.
(3) Physical connection to public sewer. No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without approval from the Athens Utilities Board. Connections will be made in accordance with the Athens Utilities Board's established policies and procedures.
(4) Sewer extensions. All expansion or extension of the public sewer constructed by property owners or developers must follow the established policies and procedures developed by the Athens Utilities Board.
(Code 1995, § 18-203; Ord. No. 972, 11-18-2008)
18-34 Septic Tank Effluent Pump Or Grinder Pump Wastewater Systems
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
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.
(1) General prohibitions. No person or user shall introduce or cause to be introduced into the WWF any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all persons and users of the WWF, whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. Violations of these general and specific prohibitions or the provisions of this section may result in the issuance of an industrial pretreatment permit, surcharges, discontinuance of water and/or sewer service and other fines and provisions of ACC 18-37. No person or user shall introduce or cause to be introduced into the WWF the following pollutants, substances, or wastewater:
(a) Pollutants which create, or could create, a fire or explosive hazard in the WWF, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;
(b) Wastewater having a pH less than 5.0 or more than 10.5 or otherwise causing corrosive structural damage to the WWF or equipment. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react to form acidic products;
(c) Solid or viscous substances in amounts which will or may cause obstruction of the flow in the WWF or other interference. Prohibited materials include, but are not limited to, grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, weeds, plastic, tar, asphalt residues, residues from refining or processing fuel or lubricating oil, and similar substances;
(d) Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the WWF;
(e) Wastewater having a temperature greater than 150 degrees Fahrenheit (65.5 degrees Celsius) or which will inhibit biological activity in the treatment plant, resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius);
(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that may cause acute worker health and safety problems;
(h) Trucked or hauled pollutants, except at discharge points designated by the control authority in accordance with ACC 18-35;
(i) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(j) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent;
(k) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations and which will or may cause damage or hazards to the sewerage facilities or personnel operating the system;
(l) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent;
(m) Wastewater at a flow rate which is excessive relative to the capacity of the treatment works and which could cause a treatment process upset and subsequent loss of treatment efficiency; or wastewater containing such concentrations of pollutants that their introduction into the treatment works over a relatively short time period (i.e., slug discharges) would cause a treatment process upset and subsequent loss of treatment efficiency;
(n) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
(o) Detergents, surface active agents, or other substances which that might cause excessive foaming in the WWF;
(p) Wastewater causing two successive readings on an explosion hazard meter at the point of discharge into the WWF, or at any point in the WWF, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter. Liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient to cause fire or explosion or be injurious in any other way to the sewage facilities or operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides;
(q) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the WWF, or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Act;
(r) Any waste containing microbiological organisms, including filamentous bacteria, in such quantity that will interfere with the normal operation of the WWF;
(s) Any waste that, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWF;
(t) Any substances which will cause the WWF to violate its NPDES permit or the receiving water quality standards, or cause any other product of the WWF such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the WWF cause the WWF to be in noncompliance with sludge use or disposal criteria, 40 CFR 503, guidelines, or regulations developed under section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
(2) Local limits. In addition to the general and specific prohibitions listed in this section, users permitted according to this chapter and ACC chapter 18-III may be subject to numeric and best management practices as additional restrictions to their wastewater discharge in order to protect the WWF from interference or protect the receiving waters from pass-through contamination.
(3) Restrictions on wastewater strength. No person or user shall discharge wastewater containing pollutant levels that exceed the plant protection criteria listed in the Athens Utilities Board's established policies and procedures, unless specifically allowed by their discharge permit according to this chapter and ACC chapter 18-III. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered in violation of this chapter.
(4) Fats, oils and grease traps and interceptors.
(a) Grease, oil, and sand interceptors or grease traps shall be provided within 90 days of notification when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand, except that such interceptors shall not be required for residential users. All interception units or traps shall be of a type and capacity approved by the AUB, shall comply with the AUB's fats, oil, and grease (FOG) control policy, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the AUB's FOG control policy by the user at expense. Failure to maintain any grease control device in accordance with the AUB's FOG control policy shall constitute a violation of this chapter. If the AUB is required to clean out, repair, or replace a sewer line as a result of a stoppage due to, in part or in whole, a user's failure to install or properly maintain a grease control device, then the user shall be required to pay the costs of labor and materials required to clean out, replace, or repair the sewer line.
(b) Solvents prohibited. The use of degreasing or line cleaning products containing petroleum-based solvents is prohibited. The use of other products for the purpose of keeping FOG dissolved or suspended until it has traveled into the WWF is prohibited.
(c) The superintendent may use industrial wastewater discharge permits under ACC 18-66 to regulate the discharge of fat, oil and grease.
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:
(1) Cite the user to city or general sessions court, where each day of violation shall constitute a separate offense.
(2) In an emergency situation where the superintendent has determined that immediate action is needed to protect the public health, safety or welfare, a public water supply or the facilities of the sewerage system, the superintendent may discontinue water service or disconnect sewer service.
(3) File a lawsuit in chancery court or any other court of competent jurisdiction seeking damages against the user, and further seeking an injunction prohibiting further violations by the user.
(4) Seek further remedies as needed to protect the public health, safety or welfare, the public water supply or the facilities of the sewerage system.
(1) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the AUB's wastewater treatment system, including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation, and equitable cost recovery of EPA-administered federal wastewater grants.
(2) Types of charges and fees. The charges and fees as established in the AUB's schedule of rates and fees may include, but are not limited to:
(a) Inspection fee and tapping fee;
(b) Fees for applications for discharge;
(c) Sewer use charges;
(d) Surcharge fees;
(e) Waste hauler permit fees;
(f) Wastewater discharge permit fees;
(g) Fees for discharge monitoring; and
(h) Other fees as the AUB may deem necessary.
(3) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by ACC 18-66.
(4) Inspection fee and tapping fee. An inspection fee and tapping fee for a sewer installation shall be paid to the AUB's wastewater division at the time the application is filed.
(5) Sewer user charges. The five-member board of the AUB shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
(6) Wastewater discharge permit fees. A fee may be charged for the issuance of a wastewater discharge permit in accordance with ACC 18-66.
(7) Fees for discharge monitoring. Fees may be collected from users having pretreatment or other discharge requirements to compensate the AUB for the necessary compliance monitoring and other administrative duties of the pretreatment program.
(8) Administrative civil penalties. Administrative civil penalties shall be issued in an amount up to $10,000.00. The local administrative officer may assess a civil penalty within the appropriate range. Civil penalty assessments are to be assessed per violation per day unless otherwise noted.
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:
(1) User discharge restrictions. All system users must follow the general and specific discharge regulations specified in ACC 18-36.
(2) Users required to meet industrial/commercial wastewater regulations. Users wishing to discharge pollutants at higher concentrations than plant protection criteria contained in Athens Utilities Board's (AUB's) established policies and procedures, or those dischargers who are classified as significant industrial users, will be required to meet the requirements of this chapter. Users who discharge waste which falls under the criteria specified in this chapter and who fail to or refuse to follow the provisions shall face termination of service and/or enforcement action specified in the AUB's approved enforcement response plan.
(3) Discharge regulation. Discharges to the sewer system shall be regulated through use of a permitting system. The permitting system may include any or all of the following activities: completion of survey/application forms, issuance of permits, oversight of users monitoring and permit compliance, use of compliance schedules, inspections of industrial processes, wastewater processing, and chemical storage, public notice of permit system changes and public notice of users found in significant noncompliance.
(4) Local limits. Discharge permits shall limit concentrations of discharge pollutants to those levels that are established as local limits or other applicable state and federal pretreatment rules which may be in effect or take effect after the passage of the ordinance from which this chapter is derived. Local limits are listed in the AUB's established policies and procedures.
(5) Surcharge limits and maximum concentrations. Dischargers of high strength waste may be subject to surcharges, which are outlined in the AUB's established policies and procedures and/or schedule of rates and fees and/or the user's applicable discharge permit. Maximum concentrations may also be established for some users.
(6) Protection of treatment plant influent. The pretreatment coordinator shall monitor the treatment works influent for each parameter in the plant protection criteria, which are listed in the AUB's established policies and procedures. In the event that the influent at the WWF reaches or exceeds the levels established by plant protection criteria or subsequent criteria calculated as a result of changes in pass-through limits issued by the state department of environment and conservation, the pretreatment coordinator shall initiate technical studies to determine the cause of the influent violation and shall recommend to the superintendent the necessary remedial measures, including, but not limited to, recommending the establishment of new or revised local limits, best management practices, or other criteria used to protect the WWF. The pretreatment coordinator shall also recommend changes to any of these criteria in the event that the WWF effluent standards are changed, there are changes in any applicable law or regulation affecting same, or changes are needed for more effective operation of the WWF.
(7) User inventory. The superintendent will maintain an up-to-date inventory of users whose waste does or may fall into the requirements of this chapter and will notify the users of their status.
(8) Right to establish more restrictive criteria. No statement in this chapter is intended or may be construed to prohibit the pretreatment coordinator from establishing specific wastewater discharge criteria which are more restrictive when wastes are determined to be harmful or destructive to the facilities of the WWF or to create a public nuisance, or to cause the discharge of the WWF to violate effluent or stream quality standards, or to interfere with the use or handling of sludge, or to pass through the WWF resulting in a violation of the NPDES permit, or to exceed industrial pretreatment standards for discharge to municipal wastewater treatment systems as imposed or as may be imposed by the state department of environment and conservation and/or the United States Environmental Protection Agency.
(1) Application for discharge of commercial or industrial wastewater. All users or prospective users which generate commercial or industrial wastewater shall make application to the superintendent for connection to the AUB's wastewater treatment system. It may be determined through the application that a user needs a discharge permit according to the provisions of federal and state laws and regulations. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service or where there is a planned change in the industrial or wastewater treatment process. Connection to the city sewer or changes in the industrial process or wastewater treatment process shall not be made until the application is received and approved by the superintendent, and the building sewer is installed in accordance with ACC 18-6. The receipt by the AUB of a prospective customer's application for connection shall not obligate the AUB to render the connection. If the service applied for cannot be supplied in accordance with this chapter and the AUB's rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the AUB to the applicant for such service.
(2) Industrial wastewater discharge permits.
(a) General requirements. All industrial users proposing to connect to or to contribute to the WWF shall apply for service and apply for a discharge permit before connecting to or contributing to the WWF. All existing industrial users connected to or contributing to the WWF may be required to apply for a permit within 180 days after the effective date of the ordinance from which this chapter is derived.
(b) Applications. Applications for wastewater discharge permits shall be required as follows:
(i) Users required by the superintendent to obtain a wastewater discharge permit shall complete and file with the pretreatment coordinator an application on a prescribed form accompanied by the appropriate fee.
(ii) The application shall be in the prescribed form of the AUB and shall include, but not be limited to, the following information: name, address, and SIC/NAICS number of applicant; wastewater volume; wastewater constituents and characteristic, including, but not limited to, those mentioned in ACC 18-36 and ACC 18-65, discharge variations (daily, monthly, seasonal and 30-minute peaks), a description of all chemicals handled on the premises, each product produced by type, amount, process and rate of production, type and amount of raw materials, number and type of employees, hours of operation, site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation; a description of existing and proposed pretreatment and/or equalization facilities; and any other information deemed necessary by the pretreatment coordinator.
(iii) Any user who elects or is required to construct new or additional facilities for pretreatment shall, as part of the application for a wastewater discharge permit, submit plans, specifications and other pertinent information relative to the proposed construction to the pretreatment coordinator for approval. A wastewater discharge permit shall not be issued until such plans and specifications are approved. Approval of such plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter.
(iv) If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the application shall include the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this subsection, the term "pretreatment standard" shall include either a national pretreatment standard or a pretreatment standard imposed by this chapter.
(v) The AUB will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the AUB may issue a wastewater discharge permit subject to the terms and conditions provided herein.
(vi) The receipt by the AUB of a prospective customer's application for a wastewater discharge permit shall not obligate the AUB to render the wastewater collection and treatment service. If the service applied for cannot be supplied in accordance with this chapter or the AUB's policies and procedures and general practice, the application shall be rejected and there shall be no liability of the AUB to the applicant of such service.
(vii) The pretreatment coordinator will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the pretreatment coordinator that the application is deficient and the nature of such deficiency and will be required to correct the deficiency. If the deficiency is not corrected within such extended period as allowed by the local administrative officer, the local administrative officer shall deny the application and notify the applicant in writing of such action.
(viii) Applications shall be signed by the duly authorized representative.
(c) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the AUB.
(i) Permits shall contain the following:
A. The statement of duration;
B. Provisions of transfer;
C. Effluent limits, including best management practices, based on applicable pretreatment standards in this chapter, state rules, categorical pretreatment standards, local, state, and federal laws;
D. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
E. A statement of applicable civil and criminal penalties for violations of pretreatment standards and the requirements of any applicable compliance schedule. Such schedules shall not extend the compliance date beyond the applicable federal deadlines;
F. Requirements to control slug discharges, if determined by the WWF to be necessary;
G. Requirements to notify the WWF immediately if changes in the user's processes affect the potential for a slug discharge.
(ii) Additionally, permits may contain the following:
A. The unit charge or schedule of user charges, surcharges, and fees for the wastewater to be discharged to the WWF;
B. Requirements for installation and maintenance of inspection and sampling facilities;
C. Compliance schedules;
D. Requirements for submission of technical reports or discharge reports;
E. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the AUB and affording the AUB access thereto;
F. Requirements for notification of the AUB 60 days prior to implementing any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system and of any changes in industrial processes that would affect wastewater quality or quantity;
G. Prohibition of bypassing pretreatment or pretreatment equipment;
H. Effluent mass loading restrictions;
I. Other conditions as deemed appropriate by the AUB to ensure compliance with this chapter.
(d) Permit modification. The terms and conditions of the permit may be subject to modification by the pretreatment coordinator during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least 60 days prior to the effective date of the change, except in the case where federal deadlines are shorter, in which case the federal rule must be followed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e) Permit duration. Permits shall be issued for a specified time period not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit renewal a minimum of 180 days prior to the expiration of the user's existing permit.
(f) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the written approval of the AUB. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The permit holder must provide the new owner with a copy of the current permit.
(g) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended, or revoked in whole or in part during its term for cause, including, but not limited to, the following:
(i) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state, or local law or regulation.
(ii) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts.
(iii) A change in:
A. Any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
B. Strength, volume, or timing of discharges;
C. Or addition to process lines generating wastewater.
(iv) Intentional failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics.
(3) Confidential information.
(a) All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or any governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the pretreatment coordinator that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the users.
(b) When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use related to this chapter or the AUB's or user's NPDES permit; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(c) Information accepted by the pretreatment coordinator as confidential shall not be transmitted to any governmental agency or to the general public by the pretreatment coordinator until and unless prior and adequate notification is given to the user.
(a) The installation of a monitoring facility shall be required for all industrial users. A monitoring facility shall be a manhole or other suitable facility approved by the pretreatment coordinator.
(b) When, in the judgment of the pretreatment coordinator, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the pretreatment coordinator may require that separate monitoring facilities be installed for each separate source of discharge.
(c) Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewater produced by a user. If sampling or metering equipment is also required by the pretreatment coordinator, it shall be provided and installed at the user's expense.
(d) The monitoring facility will normally be required to be located on the user's premises outside of the building. The pretreatment coordinator may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.
(e) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expenses of the user.
(2) Sample methods. All samples collected and analyzed pursuant to this regulation shall be conducted using protocols (including appropriate preservation) specified in the current edition of 40 CFR 136 and appropriate EPA guidance. Multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenol, and sulfide, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate.
(3) Representative sampling and housekeeping. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measuring facilities shall be properly operated, kept clean, and in good working order at all times. The failure of the user to keep its monitoring facilities in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(4) Proper operation and maintenance. The user shall at all times properly operate and maintain the equipment and facilities associated with spill control, wastewater collection, treatment, sampling and discharge. Proper operation and maintenance includes adequate process control as well as adequate testing and monitoring quality assurance.
(5) Inspection and sampling. The AUB may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the AUB or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and copying or in the performance of any of its duties. The AUB, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. The AUB will utilize qualified personnel or a private laboratory to conduct compliance monitoring. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the AUB, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibility.
(6) Safety. While performing the necessary work on private properties, the pretreatment coordinator or duly authorized employees of the AUB shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to AUB employees and the AUB shall indemnify the company against loss or damage to its property by AUB employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the monitoring and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(7) New sources. New sources of discharges to the WWF shall have in full operation all pollution control equipment at startup of the industrial process and be in full compliance of effluent standards within 90 days of startup of the industrial process.
(8) Slug discharge evaluations. Evaluations will be conducted of each significant industrial user according to the state and federal regulations. Where it is determined that a slug discharge control plan is needed, the user shall prepare that plan according to the appropriate regulatory guidance.
(9) Accidental discharges or slug discharges.
(a) Protection from accidental or slug discharge.
(i) All industrial users shall provide such facilities and institute such procedures as are reasonably necessary to prevent or minimize the potential for accidental or slug discharge into the WWF of waste regulated by this chapter from liquid or raw material storage areas, from truck and railcar loading and unloading areas, from in-plant transfer or processing and materials handling areas, and from diked areas or holding ponds of any waste regulated by this chapter. Detailed plans showing the facilities and operating procedures shall be submitted to the pretreatment coordinator before the facility is constructed.
(ii) The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this chapter.
(b) Notification of accidental discharge or slug discharge.
(i) Any person causing or suffering from any accidental discharge or slug discharge shall immediately notify the pretreatment coordinator or the chief operator of the AUB's wastewater treatment facilities in person or by the telephone to enable countermeasures to be taken to minimize damage to the WWF, the health and welfare of the public, and the environment.
(ii) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent future occurrence.
(iii) Such notification shall not relieve the user of liability for any expense, loss, or damage to the WWF, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or state or federal law.
(c) Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
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.
(1) Baseline monitoring report.
(a) Generally. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Tenn. Comp. Rules and Regs. 1200-4-14-.06(1)(d), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the WWF shall submit to the superintendent a report which contains the information listed in subsection (a)(2) of this section. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the superintendent a report which contains the information listed in subsection (a)(2) of this section. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) Required information. Users described subsection (a)(1) of this section shall submit the information set forth below:
(i) Identifying information. The user name and address of the facility, including the name of operators and owners.
(ii) Permit information. A listing of any environmental control permits held by or for the facility.
(iii) Description of operations. A brief description of the nature, average rate of production (including each product produced by type, amount, process, and rate of production), and standard industrial classifications of the operations carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the WWF from the regulated processes.
(iv) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula.
(v) Measurement of pollutants.
A. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process;
C. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported;
D. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in 40 CFR 136 and amendments, unless otherwise specified in an applicable categorical standard. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard;
E. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection (a)(2)e;
F. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula to evaluate compliance with the pretreatment standards;
G. Sampling and analysis shall be performed in accordance with 40 CFR 136 or other approved methods;
H. The superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
I. The baseline report shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF.
(c) Compliance certification. Users shall provide a statement, reviewed by the user's duly authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with subsection (n) of this section and signed by the duly authorized representative.
(2) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (a)(4) of this section:
(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(b) No increment referred to in subsection (b)(1) of this section shall exceed nine months;
(c) The user shall submit a progress report to the superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule;
(d) In no event shall more than nine months elapse between such progress reports to the superintendent.
(3) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the WWF, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in subsections (a)(2)d and e of this section. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection (n) of this section. All sampling will be done in conformance with subsection (k) of this section.
(4) Periodic compliance reports.
(a) All significant industrial users must, at a frequency determined by the superintendent, submit no less than twice per year (April 10 and October 10) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user.
(b) All periodic compliance reports must be signed and certified in accordance with this chapter.
(c) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(d) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the superintendent, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.
(5) Reports of changed conditions. Each user must notify the superintendent of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.
(a) The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under ACC 18-66.
(b) The superintendent may issue an individual wastewater discharge permit under ACC 18-66 or modify an existing wastewater discharge permit under ACC 18-66 in response to changed conditions or anticipated changed conditions.
(6) Report of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(b) Within five days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the causes of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the WWF, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (f)(1) of this section. Employers shall ensure that all employees who could cause such a discharge to occur are advised of the emergency notification procedure.
(d) Significant industrial users are required to notify the superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(7) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the superintendent as the superintendent may require to determine users status as non-permitted.
(8) Notice of violations/repeat sampling and reporting. Where a violation has occurred, another sample shall be conducted within 30 days of becoming aware of the violation, either a repeat sample or a regularly scheduled sample that falls within the required timeframe. If sampling performed by a user indicates a violation, the user must notify the superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the superintendent within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the AUB performs sampling at the user's facility at least once a month, or if the AUB performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the AUB has performed the sampling and analysis in lieu of the industrial user.
(9) Notification of the discharge of hazardous waste. ACC 18-36(a)(s) prohibits the disposal of any waste that, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.
(10) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 CFR part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the superintendent or other parties approved by EPA.
(11) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(a) Except as indicated in subsections (k)(2) and (3) of this section, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the superintendent. Where time proportional composite sampling or grab sampling is authorized by the AUB, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the AUB as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (a) and (c) of this section, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by subsection (d) of this section, the industrial user is required to collect the number of grab samples necessary to assess and ensure compliance with applicable pretreatment standards and requirements.
(12) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, the date of receipt of the report shall govern.
(13) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under this chapter. Records shall include the date, exact place, method, and time of sampling, and the name of the persons taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent.
(14) Certification statements.
(a) Signature and certification. All reports associated with compliance with the pretreatment program shall be signed by the duly authorized representative and shall have the following certification statement attached:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(b) Reports required to have signatures and certification statements include permit applications, periodic reports, compliance schedules, baseline monitoring, reports of accidental or slug discharges, and any other written report that may be used to determine water quality and compliance with local, state, and federal requirements.
Under the authority of T.C.A. § 69-3-123 et seq., the enforcement response plan shall be as follows:
(1) Complaints; notification of violation; orders.
(a)
(i) When the local administrative officer has reason to believe that a violation of any provision of the Athens Utilities Board's wastewater regulations, pretreatment program, or orders of the local hearing authority issued under it has occurred, is occurring, or is about to occur, the local administrative officer may cause a written complaint to be served upon the alleged violator.
(ii) The complaint shall specify the provision of the pretreatment program or order alleged to be violated or about to be violated and the facts alleged to constitute a violation, may order that necessary corrective action be taken within a reasonable time to be prescribed in the order, and shall inform the violators of the opportunity for a hearing before the local hearing authority.
(iii) Any such order shall become final and not subject to review unless the alleged violators request by written petition a hearing before the local hearing authority as provided in subsection (b) of this section, no later than 30 days after the date the order is served, provided that the local hearing authority may review the final order as provided in T.C.A. § 69-3-123(a)(3).
(iv) Notification of violation. Notwithstanding the provisions of subsections (a)(1)a through c of this section, whenever the pretreatment coordinator finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirements, the AUB or its agent may serve upon the user a written notice of violation. Within 15 days of the receipt of this notice, the user shall submit to the pretreatment coordinator an explanation of the violation and a plan for its satisfactory correction and prevention including specific actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the authority of the AUB to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b)
(i) When the local administrative officer finds that a user has violated or continues to violate this chapter, wastewater discharge permits, any order issued hereunder, or any other pretreatment standard or requirement, he may issue one of the following orders. These orders are not prerequisite to taking any other action against the user.
A. Compliance order. An order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the specified time, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation.
B. Cease and desist order. An order to the user directing it to cease all such violations and directing it to immediately comply with all requirements and take needed remedial or preventive action to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
C. Consent order. Assurances of voluntary compliance, or other documents establishing an agreement with the user responsible for noncompliance, including specific action to be taken by the user to correct the noncompliance within a time period specified in the order.
D. Emergency order.
1. When the local administrative officer finds that an emergency exists imperatively requiring immediate action to protect the public health, safety, or welfare, the health of animals, fish or aquatic life, a public water supply, or the facilities of the WWF, the local administrative officer may, without prior notice, issue an order reciting the existence of such an emergency and requiring that any action be taken as the local administrative officer deems necessary to meet the emergency.
2. If the violator fails to respond or is unable to respond to the order, the local administrative officer may take any emergency action as the local administrative officer deems necessary, or contract with a qualified person to carry out the emergency measures. The local administrative officer may assess the person responsible for the emergency condition for actual costs incurred by the AUB in meeting the emergency.
(ii) Appeals from orders of the local administrative officer.
A. Any user affected by any order of the local administrative officer in interpreting or implementing the provisions of this chapter may file with the local administrative officer a written request for reconsideration within 30 days of the order, setting forth in detail the facts supporting the user's request for reconsideration.
B. If the ruling made by the local administrative officer is unsatisfactory to the person requesting reconsideration, he may, within 30 days, file a written petition with the local hearing authority as provided in subsection (b) of this section. The local administrative officer's order shall remain in effect during the period of reconsideration.
(c) Except as otherwise expressly provided, any notice, complaint, order, or other instrument issued by or under authority of this section may be served on any named person, personally, by the local administrative officer or any person designated by the local administrative officer, or service may be made in accordance with state statutes authorizing service of process in civil action. Proof of service shall be filed in the office of the local administrative officer.
(2) Hearings.
(a) Any hearing or rehearing brought before the local hearing authority shall be conducted in accordance with the following:
(i) Upon receipt of a written petition from the alleged violator pursuant to this subsection (b), the local administrative officer shall give the petitioner 30 days' written notice of the time and place of the hearing, but in no case shall the hearing be held more than 60 days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement;
(ii) The hearing may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting to conduct the hearing;
(iii) A verbatim record of the proceedings of the hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made under subsection (b)(1)f of this section. The recorded transcript shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation;
(iv) In connection with the hearing, the chairman shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of the county has jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey an order of the court may be punished by such court as contempt;
(v) Any member of the local hearing authority may administer oaths and examine witnesses;
(vi) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter decisions and orders that, in its opinion, will best further the purposes of the pretreatment program. It shall provide written notice of its decisions and orders to the alleged violator. The order issued under this subsection shall be issued by the person designated by the chairman no later than 30 days following the close of the hearing;
(vii) The decision of the local hearing authority becomes final and binding on all parties unless appealed to the courts as provided in subsection (b)(2) of this section.
(viii) Any person to whom an emergency order is directed under subsection (a)(2)a.4 of this section shall comply immediately but, on petition to the local hearing authority, will be afforded a hearing as soon as possible. In no case will the hearing be held later than three days from the receipt of the petition by the local hearing authority.
(b) An appeal may be taken from any final order or other final determination of the local hearing authority by any party who is or may be adversely affected, including the pretreatment agency. Appeal must be made to the chancery court under the common law writ of certiorari set out in T.C.A. § 27-8-101 et seq., within 60 days from the date the order or determination is made.
(c) Show cause hearing. Notwithstanding the provisions of subsection (b)(1) or (2) of this section, the pretreatment coordinator may order any user that causes or contributes to violations of this chapter, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirements, to appear before the local administrative officer and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the action, and a request that the user show cause why the proposed enforcement action should be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user. A show cause hearing may be requested by the discharger prior to revocation of a discharge permit or termination of service.
(3) Violations, administrative civil penalty. Under the authority of T.C.A. § 69-3-125:
(a)
(i) Any person, including, but not limited to, industrial users, who does any of the following acts or omissions is subject to a civil penalty of up to $10,000.00 per day for each day during which the act or omission continues or occurs:
A. Unauthorized discharge, discharging without a permit;
B. Violates an effluent standard or limitation;
C. Violates the terms or conditions of a permit;
D. Fails to complete a filing requirement;
E. Fails to allow or perform an entry, inspection, monitoring or reporting requirement;
F. Fails to pay user or cost recovery charges; or
G. Violates a final determination or order of the local hearing authority or the local administrative officer.
(ii) Any administrative civil penalty must be assessed in the following manner:
A. The local administrative officer may issue an assessment against any person or industrial user responsible for the violation;
B. Any person or industrial user against whom an assessment has been issued may secure a review of the assessment by filing with the local administrative officer a written petition setting forth the grounds and reasons for the violator's objections and asking for a hearing in the matter involved before the local hearing authority and, if a petition for review of the assessment is not filed within 30 days after the date the assessment is served, the violator is deemed to have consented to the assessment and it becomes final;
C. When any assessment has become final because of a person's failure to appeal the assessment, the local administrative officer may apply to the appropriate court for a judgment and seek execution of the judgment, and the court, in such proceedings, shall treat a failure to appeal the assessment as a confession of judgment in the amount of the assessment;
D. In assessing the civil penalty, the local administrative officer may consider the following factors:
1. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
2. Damages to the pretreatment agency, including compensation for the damage or destruction of the facilities of the publicly owned treatment works, and also including any penalties, costs and attorneys' fees incurred by the pretreatment agency as the result of the illegal activity, as well as the expenses involved in enforcing this section and the costs involved in rectifying any damages;
3. Cause of the discharge or violation;
4. The severity of the discharge and its effect upon the facilities of the publicly owned treatment works and upon the quality and quantity of the receiving waters;
5. Effectiveness of action taken by the violator to cease the violation;
6. The technical and economic reasonableness of reducing or eliminating the discharge; and
7. The economic benefit gained by the violator.
E. The local administrative officer may institute proceedings for assessment in the chancery court of the county in which all or part of the pollution or violation occurred, in the name of the pretreatment agency.
(iii) The local hearing authority may establish by regulation a schedule of the amount of civil penalty which can be assessed by the local administrative officer for certain specific violations or categories of violations.
(iv) Assessments may be added to the user's next scheduled sewer service charge, and the local administrative officer shall have such other collection remedies as may be available for other service charges and fees.
(b) Any civil penalty assessed to a violator pursuant to this section may be in addition to any civil penalty assessed by the commissioner for violations of T.C.A. § 69-3-115(a)(1)(F); however, the sum of penalties imposed by this section and by T.C.A. § 69-3-115(a) shall not exceed $10,000.00 per day for each day during which the act or omission continues or occurs.
(4) Assessment for noncompliance with program permits or orders.
(a) The local administrative officer may assess the liability of any polluter or violator for damages to the AUB resulting from any person's or industrial user's pollution or violation, failure, or neglect in complying with any permits or orders issued pursuant to the provisions of the pretreatment program or this section.
(b) If an appeal from such assessment is not made to the local hearing authority by the polluter or violator within 30 days of notification of such assessment, the polluter or violator shall be deemed to have consented to the assessment, and it shall become final.
(c) Damages may include any expenses incurred in investigating and enforcing the pretreatment program of this section, in removing, correcting, and terminating any pollution, and also compensation for any actual damages caused by the pollution or violation.
(d) When any assessment has become final because of a person's failure to appeal within the time provided, the local administrative officer may apply to the appropriate court for a judgment and seek execution on the judgment. The court, in its proceedings, shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment.
(5) Judicial proceedings and relief. The local administrative officer may initiate proceedings in the chancery court of the county in which the activities occurred against any person or industrial user who is alleged to have violated or is about to violate the pretreatment program, this section, or orders of the local hearing authority or local administrative officer. In the action, the local administrative officer may seek, and the court may grant, injunctive relief and any other relief available in law or equity.
(6) Termination of discharge.
(a) In addition to the revocation of permit provisions in ACC 18-66(2)(g), users are subject to termination of their wastewater discharge for violations of wastewater discharge permits, or orders issued hereunder, or for any of the following conditions:
(i) Violation of wastewater discharge permit conditions.
(ii) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(iii) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.
(iv) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(v) Violation of the pretreatment standards in the general discharge prohibitions in ACC 18-36.
(vi) Failure to properly submit an industrial waste survey when requested by the pretreatment coordination superintendent.
(b) The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, as provided in subsection (b)(3) of this section, why the proposed action should not be taken.
(7) Disposition of damage payments and penalties; special fund. All damages and/or penalties assessed and collected under the provisions of this section shall be placed in a special fund by the pretreatment agency and allocated and appropriated for the administration of its wastewater fund or combined water and wastewater fund.
(8) Levels of noncompliance.
(a) Insignificant noncompliance. For the purpose of this subsection (h), insignificant noncompliance is considered a relatively minor infrequent violation of pretreatment standards or requirements. These will usually be responded to informally with a phone call or site visit but may include a notice of violation (NOV).
(i) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for each parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit.
(ii) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required.
(iii) Any other violation of a pretreatment standard or requirement (daily maximum of longer-term average, instantaneous limit, or narrative standard) that the WWF determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
(iv) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the WWF's exercise of its emergency authority under subsection (a)(2)a.4 of this section to halt or prevent such a discharge.
(v) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
(vi) Failure to provide, within 45 days after their due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(vii) Failure to accurately report noncompliance.
(viii) Any other violation or group of violations, which may include a violation of best management practices, which the WWF determines will adversely affect the operation of implementation of the local pretreatment program.
Any significant noncompliance violations will be responded to according to the AUB's enforcement response plan.
(9) Public notice of significant violations. The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the WWF, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violates subsection (i)(3), (4) or (7) of this section) and means:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
(b) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). TRC calculations for pH are not required;
(c) Any other violation of a pretreatment standard or requirement that the superintendent determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of WWF personnel or the general public;
(d) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the superintendent's exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to accurately report noncompliance; or
(g) Any other violations, which may include a violation of best management practices, which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(10) Criminal penalties. In addition to civil penalties imposed by the local administrative officer and the state, any person who willfully and negligently violates permit conditions is subject to criminal penalties imposed by the state or federal government.
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.
(1) Purpose. It is the purpose of this chapter to provide for the equitable recovery of costs from users of the AUB's wastewater treatment system including costs of operation, maintenance, administration, bond service costs, capital improvements, depreciation, and equitable cost recovery of EPA administered federal wastewater grants.
(2) Types of charges and fees. The charges and fees as established in the AUB's schedule of rates and fees may include, but are not limited to:
(a) Inspection fee and tapping fee;
(b) Fees for applications for discharge;
(c) Sewer use charges;
(d) Surcharge fees;
(e) Waste hauler permit fees;
(f) Wastewater discharge permit fees;
(g) Fees for discharge monitoring; and
(h) Other fees as the AUB may deem necessary.
(3) Fees for application for discharge. A fee may be charged when a user or prospective user makes application for discharge as required by ACC 18-66.
(4) Inspection fee and tapping fee. An inspection fee and tapping fee for a sewer installation shall be paid to the AUB's wastewater division at the time the application is filed.
(5) Sewer user charges. The five-member board of the AUB shall establish monthly rates and charges for the use of the wastewater system and for the services supplied by the wastewater system.
(6) Wastewater discharge permit fees. A fee may be charged for the issuance of a wastewater discharge permit in accordance with ACC 18-66.
(7) Fees for discharge monitoring. Fees may be collected from users having pretreatment or other discharge requirements to compensate the AUB for the necessary compliance monitoring and other administrative duties of the pretreatment program.
(8) Administrative civil penalties. Administrative civil penalties shall be issued in an amount up to $10,000.00. The local administrative officer may assess a civil penalty within the appropriate range. Civil penalty assessments are to be assessed per violation per day unless otherwise noted.
Municipal water service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.
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.
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.
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.
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.
Municipal electric service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.
Municipal gas service shall be furnished to applicants therefor in accordance with such rules and regulations as the Athens Utilities Board shall prescribe.
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.
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:
(1) Only one monument shall be erected on any grave lot or any full size lot containing multiple grave sites. The area of the base of the memorial shall not exceed ten percent of the area of the lot. The length of the base of the memorial shall not exceed 60 percent of the width of the lot. The width of the base of the memorial shall not exceed 20 percent of the length of the lot. Foot markers may be permitted, provided they are placed flush with the ground. Exceptions to the above may be made on all markers furnished by the federal government. Foundations will be required for all monuments and markers of every description. All foundations must be of concrete, flush with the ground, and of ample size and depth to properly carry the size and weight of the stone.
(2) If and when the city develops or establishes a new addition to the Cedar Grove Cemetery or other cemetery in the city, the same will be known as a memorial type cemetery and, so far as this type of cemetery is concerned, no above-ground monuments or markers of any description will be permitted.
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.
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.
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.
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.
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.
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
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.
(1) The management of all city cemeteries is under the direction of the community development director or his or her designee, who in turn shall be responsible to the city manager for their direct and complete supervision. The community development director or his or her designee is designated as the custodian of all maps and is responsible for the issuing and recording of deeds and causing proper entries to be made in all permanent records maintained by the city. The finance director will be the custodian of all cemetery funds and will disburse any income derived therefrom as approved by the annual budget.
(2) The finance director will comply with the general state law in establishing a perpetual care fund and complying with other cemetery requirements.
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.
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.
(1) The city has established a department of parks and recreation. The city manager, or such assistant appointed by him, shall be the head of the department of parks and recreation.
(2) It shall be the duty of the head of the department of parks and recreation to oversee, develop, provide, maintain, conduct, and supervise public playgrounds, athletic fields, recreation centers, and other recreational facilities and activities on properties owned or controlled by the city, and on other properties with the consent of the owners or lessors.
(3) The department shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, the aim and purpose to be the advancement of the welfare of the citizens and residents of the city in the area of recreation.
(1) All persons are invited to use city parks and their facilities who will comply with the terms of this chapter and such rules and regulations as may be promulgated hereunder governing the use of city parks.
(2) City parks will be open to use by the public invited thereto between the hours of 7:00 a.m. and 12:00 midnight unless posted otherwise.
It is unlawful and constitutes a civil offense for any person within city parks to:
(1) Buildings and other property.
(a) Disfigurement and removal. Willfully mark, default, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(b) Restrooms and washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
(c) Removal of natural resources. Dig or remove any soil, rock, stones, trees, shrubs or plants, down-timber, or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
(d) Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.
(2) Trees, shrubbery, lawns.
(a) Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant, nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(b) Climbing trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences, or upon any other property not designated or customarily used for such purposes.
(c) Hitching of animals. Tie or hitch a horse or other animal to any tree or plant.
(3) Wild animals, birds, etc.
(a) Hunting, molesting, etc. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird; nor shall he remove or have in his possession the young of any wild animal, or the eggs, nest, or young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly venomous may be killed on sight.
(b) Feeding. Give or offer, or attempt to give any animal or bird any tobacco, alcohol or other known noxious substances.
It is unlawful for any person within city parks to:
(1) Pollution of waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters.
(2) Refuse and trash. Have brought in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere.
It is unlawful for any person within the parks to:
(1) State motor vehicle laws and city traffic ordinances apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws and the traffic ordinances of the city in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances.
(2) Obey personnel; enforcement of traffic regulations. Fail to obey all traffic officers and park employees, such persons being authorized and instructed to direct traffic whenever and wherever needed in the parks.
(3) Operation confined to specific areas. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the director.
(4) Parking.
(a) Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any employee who may be present.
(b) Full-parking. Full-park on the road or driveway at any time.
(c) Night parking. Leave a vehicle standing or parked at night without lights clearly visible for at least 100 feet from both front and rear and on any driveway or road area except legally established parking areas.
(d) Emergency procedure. In the event of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person, fail to immediately notify a park employee or place a note on the disabled vehicle.
(e) Abandonment. Leave a vehicle within the boundaries of the park after park hours unless such vehicle is disabled and is reported by the driver to a park employee. Any vehicle remaining in the park after closing hours, except as is excepted herein, will be towed away and stored at the expense of the owner.
(5) Bicycles, motorcycles and all-terrain vehicles.
(a) Confined to roads. Ride a bicycle or motorcycle on other than a paved vehicular road or specifically designated route.
(b) All-terrain vehicle. Ride an all-terrain vehicle in the park.
(c) Operation generally. Ride a bicycle or motorcycle on other than on the right-hand side of the road paving as close as conditions permit; bicycles and motorcycles shall be kept in single file when two or more are operating as a group. Bicyclists and motorcyclists shall, at all times, operate their machines with reasonable regard to the safety of others, signal all turns and follow the recommended passing procedures when overtaking vehicles. No motorcycles shall be operated in the park unless equipped with a properly functioning muffler adequate to suppress motor noise to a comfortable level of sound.
(d) Rider prohibited. Ride with any other person on a bicycle unless properly equipped for such purpose.
(e) Designated racks. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
(f) Immobile. Leave a bicycle or motorcycle lying on the ground or paving, or set against trees, or in any place or position where other persons may trip over or be injured by it.
(g) Night operation. Ride a bicycle or motorcycle on any road within the park between 30 minutes after sunset or 30 minutes before sunrise without an attached headlight plainly visible at least 200 feet in front of, and without a red taillight or red reflector plainly visible from at least 100 feet from the rear of, such bicycle or motorcycle.
It is unlawful for any person within the city park to:
(1) Swimming, etc. Swim, bathe or wade in any waters or waterways in or adjacent to such park unless so designated and clearly marked by signs.
(2) Boating. Bring into or operate a privately owned boat, raft or other watercraft, whether motor-powered or not, upon any waters in such park.
(3) Hunting and firearms. Hunt, trap or pursue wildlife at any time in violation of the state wildlife resources agency rules and regulations. No person shall carry a weapon on public parks, playgrounds, civic centers and other public recreational buildings and grounds. It is a civil offense for any person to possess or carry, whether openly or concealed, any firearm of any description or air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Events sanctioned by the city for instructional, ceremonial or competitive purposes or for display or sales purposes are excluded from this prohibition. Bonded law enforcement officers retain full authority and are not prohibited by this section.
(4) Fishing. Fish without complying with the state fishing regulations as published by the state wildlife resources agency and any local rules or guidelines.
(5) Picnic areas.
(a) Generally. Picnic or lunch in a place other than those designated for that purpose. Park employees shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(b) Availability. Violate the regulation that use of the individual fireplaces/grills together with tables and benches follows generally the rule of "first come, first served."
(c) Nonexclusive. Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
(d) Duty of picnicker. Leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
(6) Camping. Except as specifically set out below, set up tents, shacks or any other temporary shelter for the purpose of overnight camping, or leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as house-trailer, camp-trailer, camp-wagon or the like. Overnight pup tent camping by organized groups sponsored by recognized youth development agencies is permissible by special permit of the director obtained in accordance with ACC 21-30(c).
(7) Games. Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited, except on the fields and courts or areas provided therefor.
It is unlawful for any person within the city park to:
(1) Domestic animals. Fail to restrain any dog in those areas where such an animal is permitted; all dogs shall be restrained at all times on adequate leashes not greater than five feet in length. Horseback riding is permitted only in areas so designated by signs or by written permission of the director.
(2) Reservation of facilities. Occupy any seat or bench or enter into or loiter or remain in any pavilion or other park structure or section thereof (example: restrooms) which may be reserved and designated by the director for the use of the opposite sex. Exception is made for children under six years of age.
(3) Alms. Solicit alms or contributions for any purpose, whether public or private.
(4) Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director and approved on a case-by-case situation basis by the fire chief and director.
(5) Closed areas. Enter an area posted as "Closed to the Public," or use or abet the use of any area in violation of posted notices.
(6) Going onto ice. Go onto the ice on any of the waters, except such areas as are designated as skating fields, provided a safety signal is displayed.
(7) Exhibit permits. Fail to produce and exhibit any permit from the director upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with an ordinance or rule.
(8) Interference with permittees. Disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
(9) Intoxicating beverages. Possess controlled substances and/or alcoholic beverages, wine, and/or beer at any time. This prohibition shall not apply to a licensed caterer selling any alcoholic beverage, wine, and/or beer at the Athens Regional Park conference center or to persons who have purchased any alcoholic beverage, wine, and/or beer from a caterer selling such alcoholic beverage, wine, and/or beer for consumption at the conference center or other designated area adjoining the conference center and the possession occurs at the conference center or other designated area adjoining the conference center.
(1) Vending and peddling. Expose or offer for sale any article, thing or service, nor shall he station or place any stand, cart or vehicle for the transportation, sale of display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the director and those conducting activities under a permit where such permit permits the sale of articles or things. The exception under the permit shall only be granted to those activities which are charitable in purpose.
(2) Advertising. Announce, advertise or call the public attention in any way to any article or service for sale or hire without written permission from the director.
(3) Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any public lands or highways or roads adjacent to a city park unless approved by the director.
(1) Closed areas. Any section or part of a city park may be declared closed to the public by the director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or merely to certain uses, as the director shall find reasonably necessary.
(2) Lost and found articles. The finding of lost articles by park employees shall be reported to the director, who shall make every reasonable effort to locate the owners. The director shall make every reasonable effort to find articles reported as lost.
(3) Permit. A permit shall be obtained from the director before participating in the following park activities: sale of merchandise or services by a permittee for a charitable purpose; special events.
(a) Application. A person seeking issuance of a permit hereunder shall file an application with the appropriate director. The application shall state:
(i) The name and address of the applicant;
(ii) The name and address of the person, corporation or association sponsoring the activity, if any;
(iii) The day and hours for which the permit is desired;
(iv) The park or portion thereof for which such permit is desired;
(v) An estimate of the anticipated attendance; and
(vi) Any other information which the director shall find reasonably necessary to make a fair determination as to whether a permit should issue hereunder.
(b) Standards for issuance. The director shall issue a permit hereunder when he finds:
(i) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(ii) That the proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;
(iii) That the proposed activity or use is not unreasonably anticipated to incite violence, crime or disorderly conduct;
(iv) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city; and
(v) The facilities desired have not been reserved for other use at the day and hour required in the application.
(c) Appeal. Within five working days after receipt of an application, the director shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within two days to the city manager, who shall consider the application under the standards set forth in subsection (c)(2) of this section and sustain or overrule the director's decision within 24 hours. The decision of the city manager shall be final.
(d) Effect of permit. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permits.
(e) Liability of permittee. The person to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person to whom such permit shall have been issued and shall provide certificate of insurance upon request.
(f) Revocation. The director shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance or upon good cause shown.
(1) Officials. The director, park employees, and members of the city police department shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.
(2) Ejectment. The director, any park employees, and members of the city police department shall have the authority to eject from the parks any person acting in violation of this chapter or rules and regulations promulgated hereunder.
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.
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.
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.
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.
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:
(1) Small trees: 20 feet;
(2) Medium trees: 30 feet; and
(3) Large trees: 40 feet;
except in special plantings designed or approved by the public works director or his or her designee.
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:
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.
(1) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the property lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(2) The city may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of the trees is in accordance with ACC 22-21--22-24, provided nothing contained in this section shall relieve the owner of abutting property of the responsibility to prune, maintain, and remove trees lying within the right-of-way of the street.
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.
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.
It is unlawful practice for a person, or for two or more persons to conspire:
(1) To retaliate or discriminate in any manner against a person because he or she has opposed a practice declared unlawful by this chapter or because he or she had made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, or hearing under this chapter; or
(2) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this chapter; or
(3) To obstruct or prevent a person from complying with the provisions of this chapter or any order issued thereunder; or
(4) To resist, prevent, impede, or interfere with the enforcing agents, hearing board, or any of its members or representatives in the lawful performance of duty under this chapter.
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:
(1) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three or more persons acting together without authority of law.
(2) Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake, or explosion within the geographic limits of the city, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety, and welfare.
(3) The destruction of property or the death or injury of persons brought about by the deliberate acts of one or more persons acting either alone or in concert with others when such acts are a threat to the peace of the general public or any segment thereof.
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.
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.
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.
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:
(1) Order the closing of all retail liquor stores.
(2) Order the closing of all establishments wherein beer or alcoholic beverages are served.
(3) Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor and/or beer is permitted.
(4) Order the discontinuance of the sale of beer.
(5) Order the discontinuance of selling, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
(6) Order the closing of gasoline stations and other establishments the chief activity of which is the sale, distribution, or dispensing of liquid flammable or combustible products.
(7) Order the discontinuance of selling, distributing, dispensing, or giving away of any firearms or ammunition of any character whatsoever.
(8) Order the closing of any or all establishments, or portions thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of firearms and/or ammunition.
(9) Issue such other orders as are necessary for the protection of life and property.
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.
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.
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.