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.

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

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

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:

1. 1. Call to Order
2. 2. Invocation
3. 3. Pledge of Allegiance
4. 4. Roll Call
5. 5. Approval of Minutes
6. 6. Communications and Special Presentations
7. 7. Citizens Comments Germane to the Agenda
8. 8. Consent Agenda
9. 9. Ordinances
10. 10. Old Business
11. 11. New Business
12. 12. Reports
13. 13. Report from the City Manager
14. 14. Citizens Comments
    
15. 15. Adjournment

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

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

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

1. (1) The Mayor shall receive compensation in the amount of Six Hundred Dollars ($600.00) per month for service as Mayor.
2. (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. (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. (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. (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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

(Code 1972, § 1-402; Code 1995, § 1-402)

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

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

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

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

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

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

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

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

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

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

1. (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. (2) State statutes dictate or relate to ethics provisions applicable to municipal officials and employees, including, but not limited to, the following:
   1. (a) Campaign finance: T.C.A. § 2-10-101 et seq.
   2. (b) Conflicts of interest: T.C.A. §§ 6-54-107, 6-54-108, 12-4-101, and 12-4-102.
   3. (c) Conflicts of interest disclosure statements: T.C.A. § 8-50-501 et seq.
   4. (d) Consulting fee prohibition for elected municipal officials: T.C.A. §§ 2-10-122 and 2-10-124.
   5. (e) Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): T.C.A. § 39-16-101 et seq.
   6. (f) Crimes of official misconduct, official oppression, misuse of official information: T.C.A. § 39-16-401 et seq.
   7. (g) Ouster law: T.C.A. § 8-47-101 et seq.

(Code 1995, § 1-501; Ord. No. 956, 6-19-2007)

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

1. (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. (2) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or
3. (3) Any such financial, ownership, or employment interest of the official's or employee's spouse, parents, stepparents, grandparents, siblings, children, or stepchildren.
4. (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. (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)

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)

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

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

1. (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:
   1. (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
   2. (b) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business.
2. (2) The following are not deemed to be a prohibition against accepting any money, gift, gratuity, or other consideration or favor of any kind:
   1. (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;
   2. (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;
   3. (c) Informational materials in the form of books, articles, periodicals, other written materials, audio tapes, video tapes or other forms of communication;
   4. (d) Gifts that are given for a non-business purpose and motivated by a close personal friendship;
   5. (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
   6. (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.

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

1. (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. (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.

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

1. (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. (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.

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

1. (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. (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.

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

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

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

1. (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. (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. (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. (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. (5) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this chapter.
6. (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.

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

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

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