Athens City Code

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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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:
    1. (a) The singular shall include the plural, and the plural shall include the singular.
    2. (b) Words of gender include all genders.
    3. (c) Words in the present tense shall include the future.
    4. (d) "And" may be read "or," and "or" may be read "and," if the context requires.
14. (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. (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. (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. (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.

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.

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. (1) Annexing property.
2. (2) Deannexing property or excluding property.
3. (3) Providing for salaries or other employee benefits not codified in this Code.
4. (4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.
5. (5) Authorizing or approving any contract, deed, or agreement.
6. (6) Making or approving any appropriation or budget.
7. (7) Granting any right or franchise.
8. (8) Vacating any easement or parkland.
9. (9) Adopting or amending the comprehensive plan.
10. (10) Levying or imposing any special assessment.
11. (11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street.
12. (12) Establishing the grade of any street or sidewalk.
13. (13) Dedicating, accepting or vacating any plat or subdivision.
14. (14) Levying, imposing or otherwise relating to taxes not codified in this Code.
15. (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.