Athens City Code

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:

1. (1) Upon all unlaned streets of sufficient width, a vehicle shall be driven upon the right half of the street except:
   1. (a) When lawfully overtaking and passing another vehicle proceeding in the same direction.
   2. (b) When the right half of a roadway is closed to traffic while under construction or repair.
   3. (c) Upon a roadway designated and signposted by the city for one-way traffic.
2. (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)

1. (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. (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. (3) A demonstration ride by a licensed dealer or his employee is excepted from the provisions of this section.
4. (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.

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

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

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)

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)

1. (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. (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)

The city manager or his or her designee is empowered to issue permits for designated routes to transportation firms wanting to operate twin trailers within the corporate limits of the city, as provided by T.C.A. § 55-7-208. The designated routes shall be determined by the city manager.

(Code 1972, § 9-129; Code 1995, § 15-123)

It is unlawful for any person to operate or drive a motor vehicle upon any highway or street at a rate of speed in excess of 30 miles per hour except where official signs have been posted indicating other speed limits in which cases the posted speed limit shall apply.

(Code 1972, § 9-201; Code 1995, § 15-301)

It is unlawful for any person to operate or drive a motor vehicle through any intersection at a rate of speed in excess of 15 miles per hour unless such person is driving on a street regulated by traffic control signals or signs which require traffic to stop or yield on the intersecting streets.

(Code 1972, § 9-202; Code 1995, § 15-302)

It is unlawful for any person to operate or drive a motor vehicle through any school zone or near any playground at a rate of speed in excess of the posted speed limit when official signs indicating such speed limit have been posted by authority of the city. This section shall not apply at times when children are not in the vicinity of a school and such posted signs have been covered by direction of the chief of police.

(Code 1972, § 9-203; Code 1995, § 15-303)

It is unlawful for any person to operate or drive a motor vehicle through any congested area at a rate of speed in excess of any posted speed limit when such speed limit has been posted by authority of the city.

(Code 1972, § 9-204; Code 1995, § 15-304)

1. (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. (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. (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)

Except for necessary access to property abutting thereon, no motor vehicle shall be driven upon any street that is barricaded or closed for repairs or other lawful purpose.

(Code 1972, § 9-106; Code 1995, § 15-102)

It is unlawful for any person to stand, sit, or engage in any activity whatever on any public street, sidewalk, bridge, or public ground in such a manner as to prevent, obstruct or interfere with the free passage of pedestrian or vehicular traffic thereon.

(Code 1972, § 10-232; Code 1995, § 11-704)

No driver shall enter any intersection or marked crosswalk unless there is sufficient space on the other side of such intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of traffic in or on the intersecting street or crosswalk. This provision shall be effective notwithstanding any traffic control signal indication to proceed.

(Code 1972, § 9-403; Code 1995, § 15-503)

1. (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. (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.

(Code 1972, §§ 9-102, 9-104; Code 1995, §§ 15-201, 15-203)

It is unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, skateboard or any other vehicle to cling to, or attach himself or his vehicle to, any other moving vehicle upon any street, alley, or other public way or place.

(Code 1972, § 9-120; Code 1995, § 15-113)

It is unlawful for any person to ride, or for the owner or operator of any motor vehicle being operated on a street, alley or other public way or place, to permit any person to ride on any portion of such vehicle not designed or intended for the use of passengers. This section shall not apply to persons engaged in the necessary discharge of lawful duties nor to persons riding in the load-carrying space of trucks.

(Code 1972, § 9-121; Code 1995, § 15-114)

1. (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. (2) It is unlawful to use a muffler cutout on any motor vehicle upon any road, street or highway.

(Code 1972, § 9-124; Code 1995, § 15-117)

No person shall operate upon any street of the city any vehicle, motor-propelled or otherwise, which by reason of its weight or the character of its wheels or track is likely to damage the surface or foundation of the street.

(Code 1972, § 9-119; Code 1995, § 15-120)

1. (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. (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. (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. (4) The maximum penalty for a violation of this section shall be a civil penalty not in excess of $50.00.

(Code 1995, § 11-809; Ord. No. 931, 9-20-2005)

1. (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. (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. (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.

(Code 1972, § 9-501; Code 1995, § 15-601; Ord. No. 917, 4-20-2004; Ord. No. 1085, § 4, 12-19-2019)

On those streets which have been signed or marked by the city for angle parking, no person shall park or stand a vehicle other than at the angle indicated by such signs or markings. No person shall angle park any vehicle which has a trailer attached thereto or which has a length in excess of 24 feet.

(Code 1972, § 9-502; Code 1995, § 15-602)

No person shall park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the official markings on the street or curb designating such space, unless the vehicle is too large to be parked within a single designated space.

(Code 1972, § 9-503; Code 1995, § 15-603)

No person shall park a vehicle in violation of any sign placed or erected by the city nor:

1. (1) On a sidewalk.
2. (2) In front of a public or private driveway.
3. (3) Within an intersection or within 15 feet thereof.
4. (4) Within 15 feet of a fire hydrant.
5. (5) Within a pedestrian crosswalk.
6. (6) Within 50 feet of a railroad crossing.
7. (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. (8) Alongside or opposite any street excavation or obstruction when other traffic would be obstructed.
9. (9) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
10. (10) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
11. (11) Alongside any curb painted yellow or red by the city.
12. (12) Alongside or within a fire lane, provided such fire lane has been properly signposted or indicated by pavement marking.
13. (13) Within 30 feet upon the approach of any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.

(Code 1972, § 9-504; Code 1995, § 15-604; Ord. No. 783, 11-16-1993)

No person shall park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or merchandise in any place marked by the city as a loading and unloading zone.

(Code 1972, § 9-505; Code 1995, § 15-605)

1. (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. (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. (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.
   1. (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.
   2. (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.
   3. (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.
   4. (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)

1. (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. (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.

(Code 1972, § 9-507; Code 1995, § 15-607)

When any unoccupied vehicle is found parked in violation of any provision of this chapter, there shall be a prima facie presumption that the registered owner of the vehicle is responsible for such illegal parking.

(Code 1972, § 9-508; Code 1995, § 15-608)

On any municipally-owned parking lots not used in connection with a municipal function or facility, the same may be used by the general public for parking motor vehicles, under such rules and regulations as the city council may make. No spaces may be reserved except by special permission of the city council. No vehicle shall be parked on the municipally-owned parking lots more than 24 consecutive hours. Any vehicle parked in violation of this section or parking regulations made by the city council may be removed at the owner's expense and the owner or operator would be guilty of a civil offense.

(Code 1972, § 9-509; Code 1995, § 15-609)

When a police officer halts a traffic violator other than for the purpose of giving a warning and does not take such person into custody under arrest, he shall take the name, address, and operator's license number of the person, the license number of the motor vehicle involved, and such other pertinent information as may be necessary and shall issue to him a written traffic citation containing a notice to answer to the charge against him in the city court at a specified time. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody.

(Code 1972, § 9-702; Code 1995, § 15-801)

It is unlawful for any person to violate his written promise to appear in court after giving the promise to an officer upon the issuance of a traffic citation, regardless of the disposition of the charge for which the citation was originally issued.

(Code 1972, § 9-703; Code 1995, § 15-802)

When any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this Code, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a citation for the driver and/or owner to answer for the violation within seven days during the hours and at a place specified in the citation.

(Code 1972, § 9-704; Code 1995, § 15-803)

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)