Athens City Code

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

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

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

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

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

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

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

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

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

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

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

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

1. (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. (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. (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)

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

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

1. (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. (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. (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. (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:
   1. (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.
   2. (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.
   3. (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.
   4. (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.
   5. (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.
   6. (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.
   7. (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.
   8. (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.
   9. (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.
   10. (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.
   11. (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.
   12. (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. (5) Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against:
   1. (a) Municipal vehicles. Any vehicle of the city while engaged upon necessary public business.
   2. (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.
   3. (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.

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

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

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

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)

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. (1) Applications for a permit shall be made in writing to the city manager.
2. (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. (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. (4) Permits issued under this section may be revoked by the city manager without notice if, in his opinion, the public welfare requires it.

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

1. (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. (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. (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. (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. (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. (1) Definitions. Unless the context requires, otherwise the following definitions apply to this section.
   1. (a) To Camp means to set up or remain in or at a campsite.
   2. (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. (2) Sleeping on sidewalks, streets, alleys, or within doorways prohibited.
   1. (a) No person may sleep on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.
   2. (b) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
   3. (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. (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:
   1. (a) Otherwise specifically authorized by this code, or
   2. (b) By a formal declaration of the Mayor in emergency circumstances, or
   3. (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. (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:
   1. (a) Prior to removing the campsite, the City shall post a notice, 24-hours in advance; and
   2. (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
   3. (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. (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. (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.