City of Decherd

2. MAYOR.

3. RECORDER.

4. CITY ADMINISTRATOR.

CHAPTER 1

CITY COUNCIL 2

SECTION

1-101. Time and place of regular meetings.

1-102. Order of business.

1-103. General rules of order.

1-104. Passage of ordinances.

1-101. Time and place of regular meetings. The city council shall hold regular monthly meetings at 7:00 P.M. on the second Monday of each month at the city hall. (1972 Code, § 1-101)

__________________________________

1 Charter references

2 Charter references

1-2

1-102. Order of business. 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) Call to order by the mayor.

(2) Roll call by the recorder.

(3) Reading of minutes of the previous meeting by the recorder and approval or correction.

(4) Grievances from citizens.

(5) Communications from the mayor.

(6) Reports from committees, members of the city council and other officers.

(7) Old business.

(8) New business.

(9) Adjournment. (1972 Code, § 1-102)

1-103. General rules of order. 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. (1972 Code, § 1-103, modified)

1-104. Passage of ordinances. All ordinances must be introduced in written form and approved by the city council on three (3) different days before becoming effective in accordance with their terms. (1972 Code, § 1-104)

1-3

CHAPTER 2

MAYOR 1

SECTION

1-201. Generally supervises city's affairs.

1-202. Executes city's contracts.

1-201. Generally supervises city's affairs. The mayor shall have general supervision of all municipal affairs and may require such reports from the officers and employees as he may reasonably deem necessary to carry out his executive responsibilities. (1972 Code, § 1-201)

1-202. Executes city's contracts. The mayor shall execute all contracts as authorized by the city council. (1972 Code, § 1-202)

______________________

1 Charter references

1-4

 Change 1, April 10, 1995

CHAPTER 3

RECORDER 1

SECTION

1-301. To be bonded.

1-302. To keep minutes, etc.

1-303. To perform general administrative duties, etc.

1-301. To be bonded. The recorder shall be bonded in such sum as may be fixed by the city council, and with such surety as may be acceptable to the council. (1972 Code, § 1-301)

1-302. To keep minutes, etc. The recorder 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. (1972 Code, § 1-302)

1-303. To perform general administrative duties, etc. The recorder shall perform all administrative duties for the city council and for the city which are not assigned by the charter, this code, or the city council to another corporate officer. He shall also have custody of, and be responsible for maintaining all corporate bonds, records, and papers in such fireproof vault or safe as the city shall provide. (1972 Code, § 1-303)

_______________________________

Charter references

    Bond: § 12.

    Collection of delinquent taxes: §§ 5(7) and 13.

    Powers and duties: § 10.

    Tax books: § 16.

    Term of office: § 6.

Ord. No. 194 (Oct. 1994) § 1 provides: "The City of Decherd adopts by reference the requirements of Public Acts 1994, Chapter 648, which is attached to this ordinance and made a part thereof as if it were fully set out in the text of this ordinance." See Ord. No. 194 (Oct. 1994) of record in the office of the recorder for these provisions.

1-5

 Change 5, August 9, 2004

                                                                        CHAPTER 4
 

                                                          CITY ADMINISTRATOR

SECTION
1-401. Powers and duties.

            1-401. Powers and duties. The powers and duties of the city
administrator shall be as follows:

                  (1) To recommend for appointment, removal, or discipline by the board all department heads and to appoint, remove, or otherwise discipline all subordinate officers and employees, all appointments to be made upon merit and fitness alone.

                  (2) To see that all laws and ordinances, subject to enforcement by him/her or by officers subject to his/her direction, are enforced, and upon knowledge or information of any violation thereof to see that prosecutions are instituted.

                  (3) To attend all board meetings and to have the right to take part in any discussions, but not to vote.

                  (4) To prepare and submit an annual operating budget and an annual capital budget to the board prior to the beginning of the fiscal year.

                  (5) To submit to the board a complete report on the financial condition of the city at the end of fiscal year and at such other times as may be required by the board.

                  (6) To make other reports on the activities of the city as the city board may require or as he sees the need for and to make such recommendations as in his/her opinion, are necessary to improve the effectiveness and efficiency of the city's operations or as are needed for the overall good of the city.

                  (7) To act as purchasing agent for the city, purchasing all materials, supplies, and equipment needed by the city in accordance with the state's purchasing laws and procedures.

                  (8) To perform other duties required by the city charter or the city board, (as added by Ord. #313, Aug. 2004)
                                                                                                    

2-1

TITLE 2

BOARDS AND COMMISSIONS, ETC.

(RESERVED FOR FUTURE USE)

3-1

TITLE 3

MUNICIPAL COURT

CHAPTER

1. CITY COURT.

CHAPTER 1

CITY COURT

SECTION

3-101. City judge.

3-102. Jurisdiction.

3-103. Maintenance of docket.

3-104. Issuance of arrest warrants.

3-105. Issuance of summonses.

3-106. Issuance of subpoenas.

3-107. Trial and disposition of cases.

3-108. Appearance bonds authorized.

3-109. Imposition of fines, fees, penalties and court costs.

3-110. Appeals.

3-111. Bond amounts, conditions, and forms.

3-112. Disposition and report of fines, penalties and costs.

3-113. Disturbance of proceedings.

3-101. City judge. Under the authority of Tennessee Code Annotated § 16-18-101 et. seq., the office of city judge is established subject to the following requirements:

(1) The municipal judge shall be vested with the judicial powers and functions of the city recorder and shall be subject to the provisions of law and the city's charter governing the court presided over by the city recorder.

(2) The city judge shall have the following qualifications:

        (a) Be a high school graduate.

        (b) Be a resident of Franklin County for three (3) years.

        (c) Be at least thirty (30) years of age.

        (e) No history of misdemeanor violations and conviction(s) of felony offenses.

Any person previously holding this position prior to passage of this chapter would be grandfathered in.

3-2

(3) The city judge shall be appointed by the city council and serve at the pleasure of the city council.

(4) Vacancies in the office shall be filled for the unexpired term by the city council.

(5) The city judge shall take the oath of office prescribed in § 9 of the city charter, and shall be bonded in an amount to be fixed by the city council.

(6) The cost of making the bond of the city judge shall be paid by the city.

(7) The salary of the city judge shall be fixed by the city council before his appointment, and shall not be altered during his term of service.

(8) The city judge or mayor shall designate a person having the same qualifications listed in § 3-101(2)(a), (b), (c), (d), (e) above to serve as city judge during his/her absence or disability. (1972 Code, § 1-501, as amended by Ord. #146, Oct. 1990)

3-102. Jurisdiction. The city judge shall have the authority to try persons charged with the violation of municipal ordinances, and to punish persons convicted of such violations by levying a civil penalty not to exceed $500.

3-103. Maintenance of docket. The city judge shall keep a complete docket of all matters coming before him in his judicial capacity. The docket shall include for each defendant such information as his name; warrant and/or summons numbers; alleged offense; disposition; fines, penalties, and costs imposed and whether collected; whether committed to workhouse; and all other information that may be relevant. (1972 Code, § 1-502)

3-104. Issuance of arrest warrants.1 The city judge shall have the power to issue warrants for the arrest of persons charged with violating municipal ordinances. (1972 Code, § 1-503)

3-105. Issuance of summonses.2 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

________________________________

1 State law reference

2 Municipal code references

3-3

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. (1972 Code, § 1-504)

3-113. Disturbance of proceedings. It shall be unlawful 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. (1972 Code, § 1-512)

______________________________________________

1 State law reference

Tennessee Code Annotated, § 27-5-101.

4-1

TITLE 4

MUNICIPAL PERSONNEL

CHAPTER

1. SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES.

2. EMPLOYEE LEAVE REGULATIONS

3. PERSONNEL REGULATIONS.

4. OCCUPATIONAL SAFETY AND HEALTH PROGRAM.

5. INFECTIOUS DISEASE CONTROL POLICY.

6. TRAVEL REIMBURSEMENT REGULATIONS.

CHAPTER 1

SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES

SECTION

4-101. Policy and purpose as to coverage.

4-102. Necessary agreements to be executed.

4-103. Withholdings from salaries or wages.

4-104. Appropriations for employer's contributions.

4-105. Records and reports.

4-101. Policy and purpose as to coverage. It is hereby declared to be the policy and purpose of the City of Decherd 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. (1972 Code, § 1-701)

4-102. Necessary agreements to be executed. The mayor is hereby 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 the preceding section. (1972 Code, § 1-702)

4-103. Withholdings from salaries or wages. Withholdings from the salaries or wages of employees and officials for the purpose provided in the first section of this chapter are hereby 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. (1972 Code, § 1-703)

4-2

4-104. Appropriations for employer's contributions. 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. (1972 Code, § 1-704)

4-105. Records and reports. The recorder shall keep such records and make such reports as may be required by applicable state and federal laws or regulations. (1972 Code, § 1-705)

4-3

CHAPTER 2

EMPLOYEE LEAVE REGULATIONS

SECTION

4-201. Applicability of chapter.

4-202. Definitions.

4-203. Vacation leave.

4-204. Sick leave.

4-205. Administrative leave.

4-206. Leave records.

4-207. Extended leave for sickness or accidents (on or off the job).

4-208. Official holidays.

4-209. Anniversary day.

4-210. Military leave.

4-211. Leave cannot be altered.

4-212. Employee health, life and accident insurance.

4-201. Applicability of chapter. This chapter shall apply to all full-time municipal officers and employees except those operating under the jurisdiction of a school, utility, or other separate board or commission. (1972 Code, § 1-801)

4-202. Definitions. The following definitions will be used to describe types of employees:

(1) "Full-time permanent employee." An employee designated by the city council as a full-time permanent employee that works forty (40) or more hours weekly.

(2) "Part-time permanent employee." An employee designated by the city council as a part-time permanent employee that works less than 40 but a minimum of 24 hours weekly.

(3) "Part-time temporary employee." An employee designated by the city council as a part-time temporary employee that works less than 24 hours weekly or on an as needed basis.

(4) "Contract labor." An employee designated by the city council as contract labor that works as specified by their contract, whether verbal or written.

(5) "Probationary employee." An employee subjected to examination and evaluation, for a period of testing and trial to ascertain fitness for the job normally for ninety (90) days. At the discretion of the city council, commissioner, or departmental head, period of evaluation may be extended longer.

Only full-time permanent and part-time permanent employees are entitled to any benefits provided by the City of Decherd. Probationary

4-4

employees (90 days only) are not entitled to any city benefits. (1972 Code, § 1-802, as amended by Ord. #126, Jan. 1989)

4-203. Vacation leave. All permanent employees shall be allowed one (1) week of vacation leave with pay after completing one (1) year of employment and each successive year up to five (5) years. After five (5) years of continuous employment, all permanent employees shall be given two (2) weeks vacation leave with pay. After ten (10) years of continuous employment two (2) weeks two and one half (2½) days of vacation leave with pay. After fifteen (15) years service, three (3) weeks vacation leave with pay. It shall be authorized to full-time employees presently employed and their accumulated employment time. All vacation leaves shall be taken annually based on a calendar year and at times approved by the mayor or his designated representative. All vacation leaves will be based on the employees normally scheduled work week. At no time shall an employee's total credit for vacation leave accumulate more than that due him or her for that current calendar year. (1972 Code, § 1-803, as amended by Ord. #126, Jan. 1989)

(1) All full-time permanent employees that work forty (40) hours per week or more shall be given credit of eight (8) hours of sick leave per month. The maximum sick hours that can be accumulated is 1,000 hours.

(2) All part-time permanent employees on the average over a three (3) month period, that work less than forty (40) hours but a minimum of thirty (30) hours per week or more will be given six (6) hours credit per month. The maximum sick leave hours that can be accumulated is 1,000 hours.

(3) All part-time permanent employees that work less than thirty (30) hours per week on the average over a three (3) month period but a minimum of twenty-four (24) hours or more per week will be given four (4) hours of credit per month. The maximum sick leave hours that can be accumulated is 1,000 hours.

(4) Permanent fire department employees that work a twenty-four (24) hour on duty shift and off forty-eight (48) hour shift will be given ten (10) hours credit per month. Maximum to be accumulated is 1,000 hours.

(5) Sick leave wages will be credited hour for hour taken, with the exception of the fire department personnel working on a 24 hour shift, which will be charged for sixteen (16) hours of leave for each 24 hour shift of absence. Employees shall accrue sick leave from their employment date, but shall not be entitled to take sick leave until they complete their probationary period. No

4-5

payment will be made for accrued sick leave upon separation. At no time will an employee be allowed to use more sick leave than they have accrued.

(6) In order to be granted sick leave with pay an employee must notify the immediate supervisor prior to the beginning of the scheduled work day, but at least within one (1) hour prior to the start of the work day in which the employee will be absent. Department heads may set a more strict reporting requirement if necessitated by the nature of the job. Failure to call in as required may result in the absence being charged to leave without pay, and the employee being considered absent without leave, in addition to any disciplinary action that may be indicated.

(7) Sick leave can be taken only when approved by the mayor or departmental head. The mayor or departmental head may require a sick slip/medical statement signed by a licensed physician/or return to work certificate on pregnancy cases and other type sick leaves when the employee is sick for more than one (1) work day and will be mandatory after the third working day of absence.

(8) Sick leave may be used for the following absences:

(a) Personal illness, or physical incapacity resulting from causes beyond the employee's control.

(b) Enforced quarantine of the employee in accordance with the community health regulations and or exposed to contagious diseases.

(c) Member of employee's household family sick (includes spouse, employee's parents and children) not to exceed 40 hours in a calendar year.

(d) Funeral leave (death in employee's immediate family) maximum of 3-days-day before, day of funeral and the day after (not to exceed 24 hours). Immediate family is: spouse, children, parents, grandparents, and mother/father/brother/sister-in-laws.

(9) Maternity leave: Employees may use all or a part of their accumulated sick leave and vacation for maternity leave. Employees that take maternity leave must certify, in writing, that their intentions are to return to work at the end of accumulated sick/vacation leave. If more time is needed the employee must send a request in writing, or address the city council in person to make this request. A minute entry must be made granting special conditions by the city council prior to each case. If the city council grants additional time off this will be without pay. (1972 Code, § 1-804, as amended by Ord. #126, Jan. 1989 and Ord. #175, Feb. 1993)

4-205. Administrative leave. All permanent employees that work forty (40) hours per week or more shall be given credit of three (3) days per year off with pay, not chargeable to sick leave. This administrative leave is not accumulative; when not used by the end of the calendar year the three (3) days cannot be carried over to the next year. Administrative leave may be used for the following:

4-6

(1) Assist immediate family in their medical needs.

(2) Employee's personal business that cannot be taken care of on their days off. (1972 Code, § 1-805, as amended by Ord. #126, Jan. 1989)

4-206. Leave records. The mayor shall cause to be kept, for each officer and employee, a record currently up to date at all times showing credits earned and leave taken under this chapter. (1972 Code, § 1-806)

4-207. Extended leave for sickness or accidents (on or off the job). All permanent full-time employees of the Decherd Police and Fire Departments who are absent with an injury (job related or personal) or extended illness shall request a leave of absence. The city council will appoint a qualified person to fill their position until such time as the employee is released by their physician to return to work. This paragraph will take effect if the employee is to be on leave for more than four weeks. (1972 Code, § 1-808)

4-208. Official holidays. Official holidays for permanent employees will be as follows:

New Year's Day -- January 1

Memorial Day -- Last Monday in May

Independence Day -- July 4

Labor Day -- First Monday in September

Thanksgiving Day -- Fourth Thursday in November

Christmas Eve -- December 24

Christmas Day -- December 25

If any holiday falls on a Saturday, it will be observed on the preceding Friday. If any holiday falls on a Sunday, it will be observed on the following Monday.

Employees required to work on a holiday will be paid for their hours worked plus eight (8) hours of holiday pay, or straight pay with the option to take a day off with pay within thirty (30) days of that holiday. Permanent employees not required to work on a holiday will be paid regular pay for that holiday. Employees on a 24 on 48 hour off or similar work schedule shall be paid only for an eight (8) hour holiday, whether they work that day or not. The remaining time of their shift, if they work, will be paid the regular hourly rate. 

Employees shall not be authorized to work on holidays except on their normal schedule by a bona fide emergency or by prior approval of the department head and confirmed by the mayor. Any employee who is absent without authorized leave on the working day prior to or after the day being observed as an official holiday shall lose pay for that holiday. (Ord. #126, Jan. 1989, as amended by Ord. #175, Feb. 1993)

4-7

4-209. Anniversary day. All permanent employees will be given their anniversary day of employment off with pay. This day may be taken anytime during the year after completing one year's employment subject to the department head's prior approval. (Ord. #126, Jan. 1989)

4-210. Military leave. Military leave will be granted to permanent employees who are, or may become members of any reserve component of the armed forces of the United States. Reservists are entitled, while performing military duty or training, not exceeding fifteen (15) working days in any one (1) calendar year full salary or compensation. He or she shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating or any other rights or benefits to which otherwise entitled. Military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice.1 (Ord. #126, Jan. 1989)

4-211. Leave cannot be altered. When utilizing leave, leave cannot be altered after leave is in progress. (Ord. #126, Jan. 1989)

4-212. Employee health, life and accident insurance. Health and supplemental accident insurance and $10,000.00 of life insurance and $10,000.00 accidental death or dismemberment insurance will be provided for all permanent city employees upon completion of their 90 day probationary period. (Ord. #126, Jan. 1989)

 _________________________________________

1 State law reference

4-8

CHAPTER 3

PERSONNEL REGULATIONS

SECTION

4-301. Business dealings.

4-302. Acceptance of gratuities.

4-303. Outside employment.

4-304. Political activity.

4-305. Use of municipal time, facilities, etc.

4-306. Use of position.

4-307. Strikes and unions.

4-308. Employment qualifications and job descriptions for employees of the City of Decherd.

4-309. City employees involuntary retirement.

4-301. Business dealings. Except for the receipt of such compensation as may be lawfully provided for the performance of his municipal duties, it shall be unlawful for any municipal officer or employee to be privately interested in, or to profit, directly or indirectly, from business dealings with the city. (1972 Code, § 1-901)

4-302. Acceptance of gratuities. No municipal officer or employee shall accept any money or other consideration or favor from anyone other than the city for the performance of an act which he would be required or expected to perform in the regular course of his duties; nor shall any officer or employee accept, directly or indirectly, any gift, gratuity, or favor of any kind which might reasonably be interpreted as an attempt to influence his actions with respect to city business. (1972 Code, § 1-902)

4-303. Outside employment. No full-time officer or employee of the city shall accept any outside employment without written authorization from the mayor. The mayor shall not grant such authorization if the work is likely to interfere with the satisfactory performance of the officer's or employee's duties, or is incompatible with his municipal employment, or is likely to cast discredit upon or create embarrassment for the city. (1972 Code, § 1-903)

4-304. Political activity. Municipal officers and employees may individually exercise their right to vote and privately express their political views as citizens. However, no municipal officer or employee shall solicit political campaign contributions or engage in or actively participate in any municipal political campaign. These restrictions shall not apply to elective officials. (1972 Code, § 1-904)

4-9

4-305. Use of municipal time, facilities, etc. No municipal officer or employee shall use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself or any other private person or group. Provided, however, that this prohibition shall not apply where the city council has authorized the use of such time, facilities, equipment, or supplies, and the municipality is paid at such rates as are normally charged by private sources for comparable services. 

Further, when the mayor and or aldermen of any department authorizes travel for any permanent employee of their department and to places at a reasonable distance (100 miles or less - total expense not to exceed $100.00) to expedite and improve the efficiency of their department or city, said travel and meals will be paid by the city, chargeable to that department's accounts. At distances greater than 100 miles, or $100.00, the mayor must approve these expenditures that are anticipated prior to departure and shall have veto option. The total bill then must be approved by minute entry by a majority of the city council at the next regular meeting. Approval for travels of 100 miles and or $100.00 or less will be approved at times when the city financial statements are approved. Travel by passenger car/pick-up truck will be twenty cents (20¢) per mile. (1972 Code, § 1-905)

4-306. Use of position. No city officer or employee shall make or attempt to make private purchases, for cash or otherwise, in the name of the city, nor shall he otherwise use or attempt to use his position to secure unwarranted privileges or exemptions for himself or others. (1972 Code, § 1-906) 

4-307. Strikes and unions. No municipal officer or employee shall participate in any strike against the city, nor shall he join, be a member of, or solicit any other municipal officer or employee to join any labor union which authorizes the use of strikes by government employees. (1972 Code, § 1-907)

4-308. Employment qualifications and job descriptions for employees of the City of Decherd. Employment qualifications and job descriptions for employees of the City of Decherd; other than the mayor, aldermen, recorder, and chief of police (see §§ 3 through 17 of the City Charter and Titles 1, 3 and 6 of the Decherd Municipal Code for elected and appointed officials specific duties); employment qualifications and job descriptions for each job title of employees, that are or will be employed by the city, are contained in Ord. #49, and any amendments thereto.1

___________________________________________

1 Ordinance #49, and any amendments thereto, are of record in the office of the city recorder.

4-10

4-309. City employees involuntary retirement. All employees hired after July 1, 1978 will be involuntarily retired on their employment anniversary date immediately following their seventy-fifth (75th) birthday. Should that employee have worked for the City of Decherd on a full-time basis (three days-totaling twenty-four (24) hours or more per week), a severance pay of two times his/her normal pay per week plus all other pay and allowances due will be paid on the employee's retirement date. (1972 Code, § 1-909)

4-11

 Change 5, August 9, 2004

                                                                                        CHAPTER 4

                                                        OCCUPATIONAL SAFETY AND HEALTH PROGRAM

SECTION
4-401. Program created.

4-402. Title.

4-403. Purpose.

4-404. Coverage.

4-405. Standards authorized.

4-406. Variances from standards authorized.

4-407. Administration.

4-408. Funding the program.

            4-401. Program created. There is hereby created an occupational safety and health program for the employees of City of Decherd as follows. (1972 Code, § 1-1001, as replaced by Ord. #304, July 2003)

            4-402. Title. This chapter shall provide authority for establishing and administering the occupational safety and health program plan for the employees of City of Decherd, (1972 Code, § 1-1002, as replaced by Ord. #304, July 2003)

            4-403. Purpose. The board of mayor and aldermen, in electing to update their 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) Continually analyze the worksite to identify all hazards and potential hazards;

                        (c) Develop and maintain methods for preventing or controlling existing or potential hazards; and

                        (d) Train 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 Commissioner of Labor and Workforce Development of the State of Tennessee, his designated representatives, or persons within the Tennessee 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.
 

4-12

 Change 5, August 9, 2004

        (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 considered to be unusual or peculiar and are such that they cannot be achieved 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. (1972 Code, § 1-1003, as replaced by Ord. #304, July 2003)

            4-404. Coverage. The provisions of the occupational safety and health program plan for the employees of City of Decherd shall apply to all employees of each administrative department, commission, board, division, or other agency of the City of Decherd whether part-time or full-time, seasonal or permanent. (1972 Code, § 1-1004, as replaced by Ord. #304, July 2003)

            4-405. Standards authorized. The occupational safety and health standards adopted by the board of mayor and aldermen are the same as, but not limited to, the State of Tennessee Occupational Safety and Health Standards promulgated, or which may be promulgated, in accordance with section 6 of the Tennessee Occupational Safety and Health Act of 1972.1 (1972 Code, § 1-1005, as replaced by Ord. #304, July 2003)

            4-406. Variances from standards authorized. The board may, upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with Rules of Tennessee Department of Labor and Workforce Development,
Occupational Safety, Chapter 0800-1-2, as authorized by Tennessee Code Annotated, title 50. Prior to requesting such temporary variance, the board of mayor and aldermen 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 board shall be deemed sufficient notice to employees. (1972 Code, § 1-1006, as replaced by Ord. #304, July 2003)

_______________________________

                    1State law reference
                    Tennessee Code Annotated, title 50, chapter 3.
 

4-12.1

 Change 5, August 9, 2004

        4-407. Administration. For the purposes of this chapter, city recorder 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 said plan. The director shall develop a plan of operation for the program and said plan shall become a part of this chapter when it satisfies all applicable sections of the Tennessee Occupational Safety and Health Act of 1972 and part IV of the Tennessee Occupational Safety and Health Plan. (1972 Code, § 1-1007, as replaced by Ord. #304, July 2003)

            4-408. Funding the program. Sufficient funds for administering and staffing the program pursuant to this chapter shall be made available as authorized by the board of mayor and aldermen. (1972 Code, § 1-1008, as replaced by Ord. #304, July 2003)

 

4-13

CHAPTER 5

INFECTIOUS DISEASE CONTROL POLICY

SECTION

4-501. Purpose.

4-502. Coverage.

4-503. Administration.

4-504. Definitions.

4-505. Policy statement.

4-506. General guidelines.

4-507. Hepatitis B vaccinations.

4-508. Reporting potential exposure.

4-509. Hepatitis B virus post-exposure management.

4-510. Human immunodeficiency virus post-exposure management.

4-511. Disability benefits.

4-512. Training regular employees.

4-513. Training high risk employees.

4-514. Training new employees.

4-515. Records and reports.

4-516. Legal rights of victims of communicable diseases.

4-501. Purpose. It is the responsibility of the City of Decherd to provide employees a place of employment which is free from recognized hazards that may cause death or serious physical harm. In providing services to the citizens of the City of Decherd, employees may come in contact with life-threatening infectious diseases which can be transmitted through job related activities. It is important that both citizens and employees are protected from the transmission of diseases just as it is equally important that neither is discriminated against because of basic misconceptions about various diseases and illnesses.

The purpose of this policy is to establish a comprehensive set of rules and regulations governing the prevention of discrimination and potential occupational exposure to Hepatitis B Virus (HBV), the Human Immunodeficiency Virus (HIV), and Tuberculosis (TB). (Ord. #166, July 1992) 

4-502. Coverage. Occupational exposures may occur in many ways, including needle sticks, cut injuries or blood spills. Several classes of employees are assumed to be at high risk for blood borne infections due to their routinely increased exposure to infectious material from potentially infected individuals. Those high risk occupations include but are not limited to:

(1) Paramedics and emergency medical technicians;

(2) Occupational nurses;

(3) Housekeeping and laundry workers;

4-14

(4) Police and security personnel;

(5) Firefighters;

(6) Sanitation and landfill workers; and

(7) Any other employee deemed to be at high risk per this policy and an exposure determination. (Ord. #166, July 1992)

4-503. Administration. This infection control policy shall be administered by the mayor or his/her designated representative who shall have the following duties and responsibilities:

(1) Exercise leadership in implementation and maintenance of an effective infection control policy subject to the provisions of this chapter, other ordinances, the city charter, and federal and state law relating to OSHA regulations;

(2) Make an exposure determination for all employee positions to determine a possible exposure to blood or other potentially infectious materials;

(3) Maintain records of all employees and incidents subject to the provisions of this chapter;

(4) Conduct periodic inspections to determine compliance with the infection control policy by municipal employees;

(5) Coordinate and document all relevant training activities in support of the infection control policy;

(6) Prepare and recommend to the city council any amendments or changes to the infection control policy;

(7) Identify any and all housekeeping operations involving substantial risk of direct exposure to potentially infectious materials and shall address the proper precautions to be taken while cleaning rooms and blood spills; and

(8) Perform such other duties and exercise such other authority as may be prescribed by the city council. (Ord. #166, July 1992)

4-504. Definitions. (1) "Body fluids" - fluids that have been recognized by the Center for Disease Control as directly linked to the transmission of HIV and/or HBV and/or to which universal precautions apply: blood, semen, blood products, vaginal secretions, cerebrospinal fluid, synovial fluid, pericardial fluid, amniotic fluid, and concentrated HIV or HBV viruses.

(2) "Exposure" - the contact with blood or other potentially infectious materials to which universal precautions apply through contact with open wounds, non-intact skin, or mucous membranes during the performance of an individual's normal job duties.

(3) "Hepatitis B Virus (HBV)" - a serious blood-borne virus with potential for life-threatening complications. Possible complications include: massive hepatic necrosis, cirrhosis of the liver, chronic active hepatitis, and hepatocellular carcinoma.

(4) "Human Immunodeficiency Virus (HIV)" - the virus that causes acquired immunodeficiency syndrome (AIDS). HIV is transmitted through

4-15

sexual contact and exposure to infected blood or blood components and perinatally from mother to neonate.

(5) "Tuberculosis (TB)" - an acute or chronic communicable disease that usually affects the respiratory system, but may involve any system in the body.

(6) "Universal precautions" - refers to a system of infectious disease control which assumes that every direct contact with body fluid is infectious and requires every employee exposed to direct contact with potentially infectious materials to be protected as though such body fluid were HBV or HIV infected. (Ord. #166, July 1992)

4-505. Policy statement. All blood and other potentially infectious materials are infectious for several blood-borne pathogens. Some body fluids can also transmit infections. For this reason, the Center for Disease Control developed the strategy that everyone should always take particular care when there is a potential exposure. These precautions have been termed "universal precautions." 

Universal precautions stress that all persons should be assumed to be infectious for HIV and/or other blood-borne pathogens. Universal precautions apply to blood, tissues, and other potentially infectious materials. Universal precautions also apply to semen, (although occupational risk or exposure is quite limited), vaginal secretions, and to cerebrospinal, synovial, pleural, peritoneal, pericardial and amniotic fluids. Universal precautions do not apply to feces, nasal secretions, human breast milk, sputum, saliva, sweat, tears, urine, and vomitus unless these substances contain visible blood. (Ord. #166, July 1992)

4-506. General guidelines. General guidelines which shall be used by everyone include:

(1) Think when responding to emergency calls and exercise common sense when there is potential exposure to blood or other potentially infectious materials which require universal precautions.

(2) Keep all open cuts and abrasions covered with adhesive bandages which repel liquids.

(3) Soap and water kill many bacteria and viruses on contact. If hands are contaminated with blood or other potentially infectious materials to which universal precautions apply, then wash immediately and thoroughly. Hands shall also be washed after gloves are removed even if the gloves appear to be intact. When soap and water or handwashing facilities are not available, then use a waterless antiseptic hand cleaner according to the manufacturers recommendation for the product.

(4) All workers shall take precautions to prevent injuries caused by needles, scalpel blades, and other sharp instruments. To prevent needle stick injuries, needles shall not be recapped, purposely bent or broken by hand, removed from disposable syringes, or otherwise manipulated by hand. After

4-16

they are used, disposable syringes and needles, scalpel blades and other sharp items shall be placed in puncture resistant containers for disposal. The puncture resistant container shall be located as close as practical to the use area.

(5) The city will provide gloves of appropriate material, quality and size for each affected employee. The gloves are to be worn when there is contact (or when there is a potential contact) with blood or other potentially infectious materials to which universal precautions apply:

(a) While handling an individual where exposure is possible;

(b) While cleaning or handling contaminated items or equipment;

(c) While cleaning up an area that has been contaminated with one of the above;

Gloves shall not be used if they are peeling, cracked, or discolored, or if they have punctures, tears, or other evidence of deterioration. Employees shall not wash or disinfect surgical or examination gloves for reuse.

(6) Resuscitation equipment shall be used when necessary. (No transmission of HBV or HIV infection during mouth-to-mouth resuscitation has been documented.) However, because of the risk of salivary transmission of other infectious diseases and the theoretical risk of HIV or HBV transmission during artificial resuscitation, bags shall be used. Pocket mouth-to-mouth resuscitation masks designed to isolate emergency response personnel from contact with a victims' blood and blood contaminated saliva, respiratory secretion, and vomitus, are available to all personnel to provide or potentially provide emergency treatment.

(7) Masks or protective eyewear or face shields shall be worn during procedures that are likely to generate droplets of blood or other potentially infectious materials to prevent exposure to mucous membranes of the mouth, nose, and eyes. They are not required for routine care.

(8) Gowns, aprons, or lab coats shall be worn during procedures that are likely to generate splashes of blood or other potentially infectious materials.

(9) Areas and equipment contaminated with blood shall be cleaned as soon as possible. A household (chlorine) bleach solution (1 part chlorine to 10 parts water) shall be applied to the contaminated surface as a disinfectant leaving it on for a least 30 seconds. A solution must be changed and re-mixed every 24 hours to be effective.

(10) Contaminated clothing (or other articles) shall be handled carefully and washed as soon as possible. Laundry and dish washing cycles at 120° are adequate for decontamination.

(11) Place all disposable equipment (gloves, masks, gowns, etc...) in a clearly marked plastic bag. Place the bag in a second clearly marked bag (double bag). Seal and dispose of by placing in a designated "hazardous" dumpster.  NOTE: Sharp objects must be placed in an impervious container and properly dispose of the objects.

4-17

(12) Tags shall be used as a means of preventing accidental injury or illness to employees who are exposed to hazardous or potentially hazardous conditions, equipment or operations which are out of the ordinary, unexpected or not readily apparent. Tags shall be used until such time as the identified hazard is eliminated or the hazardous operation is completed. All required tags shall meet the following criteria:

(a) Tags shall contain a signal word and a major message. The signal word shall be "BIOHAZARD", or the biological hazard symbol. The major message shall indicate the specific hazardous condition or the instruction to be communicated to employees.

(b) The signal word shall be readable at a minimum distance of five (5) feet or such greater distance as warranted by the hazard.

(c) All employees shall be informed of the meaning of the various tags used throughout the workplace and what special precautions are necessary.

(13) Linen soiled with blood or other potentially infectious materials shall be handled as little as possible and with minimum agitation to prevent contamination of the person handling the linen. All soiled linen shall be bagged at the location where it was used. It shall not be sorted or rinsed in the area. Soiled linen shall be placed and transported in bags that prevent leakage. The employee responsible for transported soiled linen should always wear protective gloves to prevent possible contamination. After removing the gloves, hands or other skin surfaces shall be washed thoroughly and immediately after contact with potentially infectious materials.

(14) Whenever possible, disposable equipment shall be used to minimize and contain clean-up. (Ord. #166, July 1992)

4-507. Hepatitis B vaccinations. The City of Decherd shall offer the appropriate Hepatitis B vaccination to employees at risk of exposure free of charge and in amounts and at times prescribed by standard medical practices. The vaccination shall be voluntarily administered. High risk employees who wish to take the HBV vaccination should notify their department head who shall make the appropriate arrangements through the Infectious Disease Control Coordinator. (Ord. #166, July 1992)

4-508. Reporting potential exposure. City employees shall observe the following procedures for reporting a job exposure incident that may put them at risk for HIV or HBV infections (i.e., needle sticks, blood contact on broken skin, body fluid contact with eyes or mouth, etc...):

(1) Notify the Infectious Disease Control Coordinator of the contact incident and details thereof.

(2) Complete the appropriate accident reports and any other specific form required.

4-18

4-509. Hepatitis B virus post-exposure management. For an exposure to a source individual found to be positive for HBsAg, the worker who has not previously been given the hepatitis B vaccine should receive the vaccine series. A single dose of hepatitis B immune globulin (HBIG) is also recommended, if it can be given within seven (7) days of exposure.

For exposure from an HBsAg-positive source to workers who have previously received the vaccine, the exposed worker should be tested for antibodies to hepatitis B surface antigen (anti-HBs), and given one dose of vaccine and one dose of HBIG if the antibody level in the worker's blood sample is inadequate (ie., 10 SRU by RIA, negative by EIA).

If the source individual is negative for HBsAg and the worker has not been vaccinated, this opportunity should be taken to provide the hepatitis B vaccine series. HBIG administration should be considered on an individual basis when the source individual is known or suspected to be at high risk of HBV infection. Management and treatment, if any, of previously vaccinated workers who receive an exposure from a source who refuses testing or is not identifiable should be individualized. (Ord. #166, July 1992)

4-510. Human immunodeficiency virus post-exposure management. For any exposure to a source individual who has AIDS, who is found to be positive for HIV infection, or who refuses testing, the worker should be counseled regarding the risk of infection and evaluated clinically and serologically for evidence of HIV infection as soon as possible after the exposure. The worker should be advised to report and seek medical evaluation for any acute febrile illness that occurs within 12 weeks after the exposure. Such an illness, particularly one characterized by fever, rash, or lymphadenopathy, may be indicative of recent HIV infection.

Following the initial test at the time of exposure, seronegative workers should be retested 6 weeks, 12 weeks, and 6 months after exposure to determine whether transmission has occurred. During this follow-up period (especially the first 6 - 12 weeks after exposure) exposed workers should follow the U.S. Public Health service recommendation for preventing transmission of HIV. These include refraining from blood donations and using appropriate protection during

4-19

sexual intercourse. During all phases of follow-up, it is vital that worker confidentiality be protected. 

If the source individual was tested and found to be seronegative, baseline testing of the exposed worker with follow-up testing 12 weeks later may be performed if desired by the worker or recommended by the health care provider. If the source individual cannot be identified, decisions regarding appropriate follow-up should be individualized. Serologic testing should be made available by the city to all workers who may be concerned they have been infected with HIV through an occupational exposure. (Ord. #166, July 1992)

4-511. Disability benefits. Entitlement to disability benefits and any other benefits available for employees who suffer from on-the-job injuries will be determined by the Tennessee Worker's Compensations Bureau in accordance with the provisions of T.C.A. 50-6-303. (Ord. #166, July 1992)

4-512. Training regular employees. On an annual basis all employees shall receive training and education on precautionary measures, epidemiology, modes of transmission and prevention of HIV/HBV infection and procedures to be used if they are exposed to needle sticks or potentially infectious materials. They shall also be counseled regarding possible risks to the fetus from HIV/HBV and other associated infectious agents. (Ord. #166, July 1992)

4-513. Training high risk employees. In addition to the above, high risk employees shall also receive training regarding the location and proper use of personal protective equipment. They shall be trained concerning proper work practices and understand the concept of "universal precautions" as it applies to their work situation. They shall also be trained about the meaning of color coding and other methods used to designate contaminated material. Where tags are used, training shall cover precautions to be used in handling contaminated material as per this policy. (Ord. #166, July 1992)

4-514. Training new employees. During the new employee's orientation to his/her job, all new employees will be trained on the effects of infectious disease prior to putting them to work. (Ord. #166, July 1992)

4-515. Records and reports. (1) Reports. Occupational injury and illness records shall be maintained by the infectious disease control coordinator. Statistics shall be maintained on the OSHA-200 report. Only those work-related injuries that involve loss of consciousness, transfer to another job, restriction of work or motion, or medical treatment are required to be put on the OSHA-200.

(2) Needle sticks. Needle sticks, like any other puncture wound, are considered injuries for recordkeeping purposes due to the instantaneous nature of the event. Therefore, any needle stick requiring medical treatment (i.e.

4-20

gamma globulin, hepatitis B immune globulin, hepatitis B vaccine, etc...) shall be recorded.

(4) Employee interviews. Should the city be inspected by the U.S. Department of Labor Office of Health Compliance, the compliance safety and health officer may wish to interview employees. Employees are expected to cooperate fully with the compliance officers. (Ord. #166, July 1992)

4-516. Legal rights of victims of communicable diseases. Victims of communicable diseases have the legal right to expect, and municipal employees, including police and emergency service officers are duty bound to provide, the same level of service and enforcement as any other individual would receive.

(1) Officers assume that a certain degree of risk exists in law enforcement and emergency service work and accept those risks with their individual appointments. This holds true with any potential risks of contacting a communicable disease as surely as it does with the risks of confronting an armed criminal.

(2) Any officer who refuses to take proper action in regard to victims of a communicable disease, when appropriate protective equipment is available, shall the subject to disciplinary measures along with civil and, or criminal prosecution.

(3) Whenever an officer mentions in a report that an individual has or may have a communicable disease, he shall write "contains confidential medical information" across the top margin of the first page of the report.

(4) The officer's supervisor shall ensure that the above statement is on all reports requiring that statement at the time the report is reviewed and initiated by the supervisor.

(5) The supervisor disseminating newspaper releases shall make certain the confidential information is not given out to the news media.

(6) All requests (including subpoenas) for copies of reports marked "contains confidential medical information" shall be referred to the city attorney when the incident involves an indictable or juvenile offense.

(7) Prior approval shall be obtained from the city attorney before advising a victim of sexual assault that the suspect has, or is suspected of having a communicable disease.

(8) All circumstance, not covered in this policy, that may arise concerning releasing confidential information regarding a victim, or suspected victim, of a communicable disease shall be referred directly to the appropriate department head or city attorney.

4-21

(9) Victims of a communicable disease and their families have a right to conduct their lives without fear of discrimination. An employee shall not make public, directly or indirectly, the identity of a victim or suspected victim of a communicable disease.

(10) Whenever an employee finds it necessary to notify another employee, police officer, firefighter, emergency service officer, or health care provider that a victim has or is suspected of having a communicable disease, that information shall be conveyed in a dignified, discrete and confidential manner. The person to whom the information is being conveyed should be reminded that the information is confidential and that it should not be treated as public information.

(11) Any employee who disseminates confidential information in regard to a victim, or suspected victim of a communicable disease in violation of this policy shall be subject to serious disciplinary action and/or civil/and/or criminal prosecution. (Ord. #166, July 1992)

4-22

CHAPTER 6

TRAVEL REIMBURSEMENT REGULATIONS

SECTION

4-601. Enforcement.

4-602. Travel policy.

4-603. Travel reimbursement rate schedules.

4-604. Administrative procedures.

4-601. Enforcement. The chief administrative officer (CAO) of the city or his or her designee shall be responsible for the enforcement of these regulations. (Ord. #184, Oct. 1993)

4-602. Travel policy. (1) In the interpretation and application of this chapter, the term "traveler" or "authorized travel" means any elected or appointed municipal officer or employee, including members of municipal boards and committees appointed by the mayor or the municipal governing body, and the employees of such boards and committees who are traveling on official municipal business and whose travel was authorized in accordance with this chapter. "Authorized traveler" shall not include the spouse, children, other relatives, friends, or companions accompanying the authorized traveler on city business, unless the person(s) otherwise qualifies as an authorized traveler under this chapter.

(2) Authorized travelers are entitled to reimbursement of certain expenditures incurred while traveling on official business for the city. Reimbursable expenses shall include expenses for transportation; lodging; meals; registration fees for conferences, conventions, and seminars; and other actual and necessary expenses related to official business as determined by the CAO. Under certain conditions, entertainment expenses may be eligible for reimbursement.

(3) Authorized travelers can request either a travel advance for the projected cost of authorized travel, or advance billing directly to the city for registration fees, air fares, meals, lodging, conferences, and similar expenses. 

Travel advance requests aren't considered documentation of travel expenses. If travel advances exceed documented expenses, the traveler must immediately reimburse the city. It will be the responsibility of the CAO to initiate action to recover any undocumented travel advances.

(4) Travel advances are available only for special travel and only after completion and approval of the travel authorization form.

(5) The travel expense reimbursement form will be used to document all expense claims.

(6) To qualify for reimbursement, travel expenses must be:

4-23

(a) directly related to the conduct of the city business for which travel was authorized, and

(b) actual, reasonable, and necessary under the circumstances.

The CAO may make exceptions for unusual circumstances.

Expenses considered excessive won't be allowed.

(7) Claims of $5 or more for travel expense reimbursement must be supported by the original paid receipt for lodging, vehicle rental, phone call, public carrier travel, conference fee, and other reimbursable costs. 

(8) Any person attempting to defraud the city or misuse city travel funds is subject to legal action for recovery of fraudulent travel claims and/or advances.

(9) Mileage and motel expenses incurred within the city aren't ordinarily considered eligible expenses for reimbursement. (Ord. #184, Oct. 1993)

4-603. Travel reimbursement rate schedules. Authorized travelers shall be reimbursed according to the federal travel regulation rates. The city's travel reimbursement rates will automatically change when the federal rates are adjusted.

The municipality may pay directly to the provider for expenses such as meals, lodging, and registration fees for conferences, conventions, seminars, and other education programs. (Ord. #184, Oct. 1993)

4-604. Administrative procedures. The city adopts and incorporates by reference--as if fully set out herein--the administrative procedures submitted by MTAS to, and approved by letter by, the Comptroller of the Treasury, State of Tennessee, in June 1993. A copy of the administrative procedures is on file in the office of the city recorder.

This chapter shall take effect upon its final reading by the municipal governing body. It shall cover all travel and expenses occurring on the date of adoption. (Ord. #184, Oct. 1993)

5-1

TITLE 5

MUNICIPAL FINANCE AND TAXATION 1

CHAPTER

1. REAL PROPERTY TAXES.

2. PRIVILEGE TAXES.

3. WHOLESALE BEER TAX.

4. LITIGATION TAX.

5. PURCHASING PROCEDURES.

CHAPTER 1

REAL PROPERTY TAXES

SECTION

5-101. When due and payable.

5-102. When delinquent--penalty and interest.

5-101. When due and payable.2 Taxes levied by the city against real and personal property shall become due and payable annually on the first Monday of October of the year for which levied. (1972 Code, § 6-101)

____________________________________

1Charter references

Corporate taxes: § 16.

Delinquent taxes: § 13.

2 State law references

5-2

5-102. When delinquent--penalty and interest.1 All real property taxes shall become delinquent on and after the first day of March next after they become due and payable and shall thereupon be subject to such penalty and interest as is authorized and prescribed by the state law for delinquent county real property taxes.2 (1972 Code, § 6-102, modified)

_________________________________________

1 Charter and state law reference

2 Charter and state law references

5-3

Change 2, January 13, 1997

CHAPTER 2

PRIVILEGE TAXES 1

SECTION

5-201. Tax levied.

5-202. License required.

5-201. Tax levied. Except as otherwise specifically provided in this code, there is hereby levied on all vocations, occupations, and businesses declared by the general laws of the state to be privileges taxable by municipalities, an annual privilege tax in the maximum amount allowed by state laws. The taxes provided for in the state's "Business Tax Act" (Tennessee Code Annotated, § 67-4-701, et seq.) are hereby expressly enacted, ordained, and levied on the businesses, business activities, vocations, and occupations carried on within the City of Decherd at the rates and in the manner prescribed by the said act. (1972 Code, § 6-201)

5-202. License required. No person shall exercise any such privilege within the City of Decherd without a currently effective privilege license, which shall be issued by the mayor to each applicant therefor upon such applicant's compliance with all regulatory provisions in this code and payment of the appropriate privilege tax. (1972 Code, § 6-202)

________________________________

1 Municipal code reference

5-4

CHAPTER 3

WHOLESALE BEER TAX

SECTION

5-301. To be collected.

5-301. To be collected. The recorder is hereby directed to take appropriate action to assure payment to the city of the wholesale beer tax levied by the "Wholesale Beer Tax Act," as set out in Tennessee Code Annotated, title 57, chapter 6. 1 (1972 Code, § 6-301)

_______________________________

1State law reference

Tennessee Code Annotated, title 57, chapter 6 provides for a tax of 17% on the sale of beer at wholesale. Every wholesaler is required to remit to each municipality the amount of the net tax on beer wholesale sales to retailers and other persons within the corporate limits of the municipality.

5-5

CHAPTER 4

LITIGATION TAX

SECTION

5-401. Litigation tax.

5-401. Litigation tax. All fines, penalties, and costs shall be imposed and recorded by the city judge on the city court docket in open court. 

In all cases heard or determined by him, the city judge shall tax in the bill of costs as already stated in § 3-108 of the Decherd Municipal Code. Such costs shall be payable directly to the City of Decherd, and shall be assessed against all cases within the jurisdictional limit of the City of Decherd, Tennessee. Provided further, that this section shall also conform to the provisions of § 5 of the city charter.

A litigation tax of $5.25 shall be assessed and taxed as part of the costs in all civil cases instituted in the city court of Decherd, Tennessee.

Further a litigation tax of $15.00 be assessed and taxed as part of the costs in all criminal actions originating in the city court of Decherd, Tennessee.

The city recorder/city judge of said court shall collect said litigation tax and shall disburse from the litigation tax collected as follows:

(1) $5.25 of each litigation tax collected on civil cases shall go directly to the City of Decherd General Fund to aid in the operation and maintenance of the city.

(2) $15.00 of each litigation tax collected on criminal cases shall go to the City of Decherd General Fund to aid in the operation and maintenance of the city.

All expenditures made by the city from said funds shall be with the approval of the city council. 

All litigation taxes contained in this amendment shall not be transferred unless actually collected. (1972 Code, § 1-513, as amended by Ord. #150, Apr. 1991)

5-6

Change 3, June 28, 1999

CHAPTER 5

PURCHASING PROCEDURES

SECTION

5-501. Office of purchasing agent created.

5-502. Duties of purchasing agent.

5-503. Changes to purchasing procedures.

5-504. Additional regulations to the 1983 Purchasing Law.

5-505. Utility District Purchasing Policy.

5-501. Office of purchasing agent created. As provided in TCA § 6-56-301, et seq., the office of purchasing agent is hereby created and the city recorder shall faithfully discharge the duties of said office or appoint an individual to make purchases for the City of Decherd. Purchases shall be made in accordance with the Municipal Purchasing Law of 1983 and amendments thereto, this chapter and purchasing procedures approved by the governing body. (Ord. #148, Mar. 1991)

5-502. Duties of purchasing agent. The purchasing agent, or designated representative as provided herein, shall purchase materials, supplies, services, and equipment, provide for leases and lease-purchases and dispose of surplus property in accordance with purchasing procedures approved by the governing body and filed with the city recorder. (Ord. #148, Mar. 1991)

5-503. Changes to purchasing procedures. After initial approval by resolution of the governing body of the City of Decherd, changes or revisions to the purchasing procedures shall be made by resolution. (Ord. #148, Mar. 1991)

5-504. Additional regulations to the 1983 Purchasing Law. The following shall be additional regulations to the 1983 Purchasing Law for the City of Decherd. All purchases over $50.00 shall require a purchase order before purchase. Any item over $500.00 is required to be backed up by verbal or written bids. Advertised sealed bids are required for items of $2500.00 or more. (Ord. #148, Mar. 1991, as amended by Ord. #260, May 1998)

5-505. Utility District Purchasing Policy. Utility district purchasing procedures of the City of Decherd shall be governed by Ord. #148, as amended by Ord. #260. 1

______________________________

1 Ordinance #148, dated March 1991, and any amendments thereto, are of record in the office of the recorder.

6-1

TITLE 6

LAW ENFORCEMENT

CHAPTER

1. POLICE AND ARREST.

2. WORKHOUSE.

CHAPTER 1

POLICE AND ARREST 1

SECTION

6-101. Policemen subject to chief's orders.

6-102. Policemen to preserve law and order, etc.

6-103. Policemen to wear uniforms and be armed.

6-104. When policemen to make arrests.

6-105. Policemen may require assistance.

6-106. Disposition of persons arrested.

6-107. Deposit of license in lieu of bail.

6-108. Police department records.

6-109. Mutual aid agreement with other local governments.

6-101. Policemen subject to chief's orders. All policemen shall obey and comply with such orders and administrative rules and regulations as the police chief may officially issue. (1972 Code, § 1-401)

6-102. Policemen to preserve law and order, etc. Policemen shall preserve law and order within the city. They shall patrol the city and shall assist the city court during the trail of cases. Policemen shall also promptly serve any legal process issued by the city court. (1972 Code, § 1-402)

6-103. Policemen to wear uniforms and be armed. All policemen shall wear such uniform and badge as the city council shall authorize and shall carry a service pistol and billy club at all times while on duty unless otherwise expressly directed by the chief for a special assignment. (1972 Code, § 1-403)

____________________________________

1 Municipal code reference

6-2

6-104. When policemen to make arrests.1 Unless otherwise authorized or directed in this code or other applicable law, an arrest of the person shall be made by a policeman in the following cases:

(1) Whenever he is in possession of a warrant for the arrest of the person.

(2) Whenever an offense is committed or a breach of the peace is threatened in the officer's presence by the person.

(3) Whenever a felony has in fact been committed and the officer has reasonable cause to believe the person has committed it. (1972 Code, § 1-404)

6-105. Policemen may require assistance. It shall be unlawful for any person to willfully refuse to aid a policeman in maintaining law and order or in making a lawful arrest when such a person's assistance is requested by the policeman and is reasonably necessary. (1972 Code, § 1-405)

6-106. Disposition of persons arrested. Unless otherwise authorized by law, when a person is arrested for any offense other than one involving drunkenness he shall be brought before the city court for immediate trial or allowed to post bond. When the arrested person is drunk or when the city judge is not immediately available and the alleged offender is not able to post the required bond, he shall be confined. (1972 Code, § 1-406)

(2) Receipt to be issued. Whenever any person deposits his chauffeur's or operator's license as provided, either the officer or the court demanding bail as described above, shall issue the person a receipt for the license upon a form approved or provided by the department of safety, and thereafter the person shall be permitted to operate a motor vehicle upon the public highways of this state during the pendency of the case in which the

________________________________

1 Municipal code reference

6-3

license was deposited. The receipt shall be valid as a temporary driving permit for a period not less than the time necessary for an appropriate adjudication of the matter in the city court, and shall state such period of validity on its face.

(3) Failure to appear - disposition of license. In the event that any driver who has deposited his chauffeur's or operator's license in lieu of bail fails to appear in answer to the charges filed against him, the clerk or judge of the city court accepting the license shall forward the same to the Tennessee Department of Safety for disposition by said department in accordance with the provisions of Tennessee Code Annotated, § 55-50-801, et seq. (Ord. #145, Dec. 1990)

6-108. Police department records. The police department shall keep a comprehensive and detailed daily record in permanent form, showing:

(1) All known or reported offenses and/or crimes committed within the corporate limits.

(2) All arrests made by policemen.

(3) All police investigations made, funerals convoyed, fire calls answered, and other miscellaneous activities of the police department. (1972 Code, § 1-407)

6-109. Mutual aid agreement with other local governments.1 The city of Decherd Police Department may respond in emergency situations at the request of other local governments. The police department is not obligated to respond.

(1) The police department may respond to calls for assistance only upon the request for such assistance made by the senior officer in charge of the agency requesting such assistance.

(2) The authority to respond to such a request will be made by the chief of police, his designated assistant or the officer in charge.

(3) The police department may provide whatever equipment and personnel as deemed appropriate up to a maximum of 50 percent of its personnel and resources.

(4) The police department's response will be determined by the severity of the emergency in the requesting department's jurisdiction as determined by the chief of police, or officer in charge and the senior officer in charge requesting the assistance.

(5) The Decherd Police Department may return to its own jurisdiction at the discretion of the chief of police or the officer in charge for the City of Decherd.

(6) Compensation for this mutual aid agreement will be made in an in-kind manner. (1972 Code, § 1-408)

__________________________________________

1 Municipal code reference

6-4

CHAPTER 2

WORKHOUSE

SECTION

6-201. County workhouse to be used.

6-202. Inmates to be worked.

6-203. Compensation of inmates.

6-201. County workhouse to be used. The county workhouse is hereby designated as the municipal workhouse, subject to such contractual arrangement as may be worked out with the county. (1972 Code, § 1-601)

6-202. Inmates to be worked. All persons committed to the workhouse, to the extent that their physical condition shall permit, shall be required to perform such public work or labor as may be lawfully prescribed for the county prisoners. (1972 Code, § 1-602)

6-203. Compensation of inmates. Each workhouse inmate shall be allowed five dollars ($5.00) per day as credit toward payment of the fines and costs assessed against him. (1972 Code, § 1-603)

7-1

TITLE 7

FIRE PROTECTION AND FIREWORKS 1

CHAPTER

1. FIRE DISTRICT.

2. FIRE CODE.

3. FIRE DEPARTMENT.

4. FIRE SERVICE OUTSIDE CITY LIMITS.

5. FIREWORKS.

CHAPTER 1

FIRE DISTRICT 2

SECTION

7-101. Fire limits described.

7-101. Fire limits described. The corporate fire limits shall be all property located within the city's city limits. The fire department may respond when possible to fires outside the city's limits as to be designated by the city council. See chapter 4 in this title for policy and procedures for outside fire service and mutual aid agreements. (1972 Code, § 7-101)

______________________________________

1 Municipal code reference

2 The significance of the fire limits is that Chapter 30 of the Standard Building Code, applicable to the City of Decherd through title 12 of this code, imposes certain construction, modification and other requirements peculiar to buildings located within the fire district, and prohibits Hazardous (Group H) occupancies within the fire district. Chapter 4, Section 408 of the Standard Building Code defines Hazardous (Group H) occupancy in both general and specific terms, but generally it refers to occupancies involving highly combustible, flammable or explosive materials.

7-2

CHAPTER 2

FIRE CODE 1

SECTION

7-201. Fire code adopted.

7-202. Enforcement.

7-203. Definition of "municipality."

7-204. Storage of explosives, flammable liquids, etc.

7-205. Gasoline trucks.

7-206. Variances.

7-207. Violations.

7-208. Required access for fire apparatus.

7-201. Fire code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion and lethal gas and fumes, the Standard Fire Prevention Code,2 1991 edition with 1992 and 1992-93 revisions as recommended by the Southern Standard Building Code Congress International, Inc. is hereby adopted by reference, and the law of the city, and included as a part of this code. Pursuant to the requirement of Tennessee Code Annotated, § 6-54-502, one (1) copy of the fire prevention code has been filed with the city recorder and is available for public use and inspection. Said fire prevention code is adopted and incorporated as fully as if set out at length herein and shall be controlling within the corporate limits. (1972 Code, § 7-201, modified)

7-202. Enforcement. The fire prevention code herein adopted by reference shall be enforced by the chief of the fire department. He shall have the same powers as the state fire marshal. (1972 Code, § 7-202)

7-203. Definition of "municipality." Whenever the word "municipality" is used in the fire prevention code herein adopted, it shall be held to mean the City of Decherd, Tennessee. (1972 Code, § 7-203)

_________________________________________

1 Municipal code reference

2 Copies of this code are available from the Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213-1206.

7-3

7-204. Storage of explosives, flammable liquids, etc. (1) The district referred to in § 1901.4.2 of the fire prevention code, in which storage of explosives and blasting agents is prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(2) The district referred to in § 902.1.1 of the fire prevention code, in which storage of flammable liquids in outside above ground tanks is prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(3) The district referred to in § 906.1 of the fire prevention code, in which new bulk plants for flammable or combustible liquids are prohibited, is hereby declared to be the fire district as set out in § 7-101 of this code.

(4) The district referred to in § 1701.4.2 of the fire prevention code, in which bulk storage of liquefied petroleum gas is restricted, is hereby declared to be the fire district as set out in § 7-101 of this code. (1972 Code, § 7-204, modified)

7-205. Gasoline trucks. 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. (1972 Code, § 7-205)

7-206. Variances. The chief of the fire department may recommend to the city council variances from the provisions of the fire prevention 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 code, provided that the spirit of the 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. (1972 Code, § 7-206)

7-207. Violations. It shall be unlawful for any person to violate any of the provisions of this chapter or the Standard Fire Prevention Code herein 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 modified by the city council or by a court of competent jurisdiction, within the time fixed herein. The application of a penalty under the general penalty clause for the municipal code shall not be held to prevent the enforced removal of prohibited conditions. (1972 Code, § 7-207)

7-208. Required access for the fire apparatus. All premises which the fire department may be called upon to protect in case of fire and which are not readily accessible from public roads shall be provided with suitable gates, access

7-4

roads, and fire lanes so that all buildings on the premises are accessible to fire apparatus. 

Fire lanes should be provided for all buildings which are set back more than 150 feet from a public road or exceed 30 feet in height and are set back over 50 feet from a public road.

Fire lanes shall be at least 20 feet in width with the road edge closest to the building at least 10 feet from the building. Any dead-end road more than 300 feet long shall be provided with a turn-around at the closed end at least 90 feet in diameter.

A written document, agreeable to the fire marshal and for the benefit of the jurisdiction, shall be required for emergency access over all fire lanes.

The designation and maintenance of fire lanes on private property shall be accomplished as specified by the fire marshal.

It shall be unlawful for any person to park motor vehicles on, or otherwise obstruct, any fire lane. (1972 Code, § 7-208)

7-5

CHAPTER 3

FIRE DEPARTMENT 1

SECTION

7-301. Establishment, equipment, and membership.

7-302. Objectives.

7-303. Organization, rules, and regulations.

7-304. Records and reports.

7-305. Tenure and compensation of members.

7-306. Chief responsible for training and maintenance.

7-301. Establishment, equipment, and membership. There is hereby 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 appointed by the city council and such number of physically-fit subordinate officers and firemen (full-time and volunteer) as the city council shall appoint or designate. (1972 Code, § 7-301)

7-302. Objectives. The fire department shall have as its objectives:

(1)     To prevent uncontrolled fires from starting.

(2)     To prevent the loss of life and property because of fires.

(3)     To confine fires to their places of origin.

(4)     To extinguish uncontrolled fires.

(5)     To prevent loss of life from asphyxiation or drowning.

(6)     To perform such rescue work as its equipment and/or the training of its personnel makes practicable. (1972 Code, § 7-302)

7-303. Organization, rules, and regulations. The chief of the fire department 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 appointed or hired chief of the fire department shall live within the corporate limits of the city and be paid fifty dollars ($50.00) per month salary. (1972 Code, § 7-303)

7-304. Records and reports. The chief of the fire department shall keep adequate records of all fires, inspections, apparatus, equipment, personnel, and

__________________________________________

1 Municipal code reference

7-6

work of the department. He shall submit a written report on such matters to the mayor once each month, and at the end of the year a detailed annual report shall be made. (1972 Code, § 7-304)

7-305. Tenure and compensation of members. The chief shall hold office so long as his conduct and efficiency are satisfactory to the city council. However, so that adequate discipline may be maintained, the chief shall have the authority to suspend any other member of the fire department until the next meeting of the city council 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. (1972 Code, § 7-305)

7-306. Chief responsible for training and maintenance. The chief of the fire department shall be fully responsible for the training of the firemen and for maintenance of all property and equipment of the fire department. The minimum training shall consist of having the personnel take the fire apparatus out for practice operations not less than once a month. (1972 Code, § 7-306)

7-7

CHAPTER 4

FIRE SERVICE OUTSIDE CITY LIMITS

SECTION

7-401. Use of equipment and policy and procedures for outside city limits fire service. 

7-401. Use of equipment and policy and procedures for outside city limits fire service.1 The City of Decherd may provide personnel and equipment if available to residents in the area outlined in § 7-101. The fire department is not obligated to respond.

(1) The authority to respond to outside fire calls will be made by the fire chief, assistant fire chief, or the officer on duty.

(2) All firemen will report to the firehall designated by the fire chief for outside fire calls.

(3) One engine with 5 or 6 men if possible may respond to the fire. All other responding firemen will remain at the firehall designated by the fire chief until the responding equipment and personnel return from the outside fire call.

(4) All reporting firemen will be paid whether at the scene of the fire or on call at the firehall.

(5) The remaining engine will report to the firehall designated by the fire chief.

(6) Compensation for this service will be rendered by the Franklin County Commission. Charges for this service will be negotiated by the city council and the Franklin County Commission on an annual basis. (1972 Code, § 7-307)

______________________________________

1 Municipal code reference

7-8

CHAPTER 5

FIREWORKS

SECTION

7-501. Sale, use and storage of fireworks.

7-501. Sale, use and storage of fireworks. It shall be unlawful for any person to sell, use or store fireworks within the city limits of Decherd. Failure to comply with this provision of the Decherd Municipal Code shall be punishable by a fine of not less than $10.00 for the first offense, not less than $25.00 for the second offense and not less than $50.00 and 3 days in the county jail for the third offense. (1972 Code, § 7-209)

8-1

Change 2, January 13, 1997

TITLE 8

ALCOHOLIC BEVERAGES 1

CHAPTER

1. INTOXICATING LIQUORS.

2. BEER.

3. ON PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES.

CHAPTER 1

INTOXICATING LIQUORS

SECTION

8-101. Business unlawful except as regulated.

8-102. Definitions.

8-103. Manufacturing prohibited.

8-104. Wholesaling prohibited.

8-105. State laws to be complied with.

8-106. Restrictions as to location.

8-107. License required for retail business.

8-108. Bonds required.

8-109. Restrictions on license holders and employees.

8-110. Employee's permit.

8-111. License to be displayed.

8-112. Transfer of licenses prohibited; term of license; use of agents.

8-113. New license after revocation.

8-114. Federal license as evidence of sales.

8-115. Inspection fees.

8-116. Regulations for purchase and sale of intoxicating liquors.

8-117. Solicitation of business restricted.

8-118. Regulation of retail sales.

8-119. Actions to recover unpaid license and inspection fees.

8-101. Business unlawful except as regulated. It shall be unlawful to engage in the business of buying, selling, storing, transporting, distributing alcoholic beverages within the corporate limits of the City of Decherd except as provided by Tennessee Code Annotated, title 57 inclusive, as amended, or as hereafter amended, and by rules and regulations promulgated thereunder, and as provided by ordinances of this municipality. (1972 Code, § 2-101)

_________________________________________

1 State law reference

8-2

8-102. Definitions. Terms defined whenever used herein unless the context requires.

(1) "Alcoholic beverage" or "beverage" means and includes alcohol, spirits, liquor, wine, and every liquid containing alcohol, spirits, wine and capable of being consumed by a human being, other than patented medicine, beer or wine, where the latter two (2) contain an alcoholic content of five (5) per cent by weight or less;

(2) "Commission" means the Tennessee Alcoholic Beverage Commission, except as otherwise provided;

(3) "Distiller" means any person who owns, occupies, carries on, works, conducts or operates any distillery either by himself or by his agent;

(4) "Distillery" means and includes any place or premises wherein any liquors are manufactured for sale;

(5) "Federal license" as used in this chapter shall not mean tax receipt of permit;

(6) "Gallon" or "gallons" wherever used in this chapter, shall be construed to mean a wine gallon or wine gallons of one hundred and twenty-eight (128) ounces. The word "quart" whenever used in this chapter will be construed to mean one fourth (1/4) of a wine gallon. The word "pint" wherever used in this chapter, shall be construed to mean one eighth (1/8) of a wine gallon;

(7) "License" means the license issued pursuant to this chapter; and "licensee" means any person to whom such license has been issued pursuant to this chapter;

(8) "Manufacturer" means and includes a distiller, vintner and rectifier. Manufacture means and includes distilling, rectifying and operating a winery. 

(9) "Municipality" means an incorporated town or city having a population of one thousand (1,000) persons or over by the federal census of 1950 or any subsequent federal census; 

Provided, however, that when any incorporated town or city by ordinance authorizes a census to be taken of such incorporated town or city and shall furnish to the commission a certified copy of said census containing the names, address, age and sex of each person enumerated therein and if said census shall show that said incorporated town or city has a population of one thousand (1,000) persons or over, the commission, upon verification of said census, may declare such incorporated town or city to be a "municipality" for all intents and purposes of this chapter; 

(10) "Rectifier" means and includes any person who rectifies, purifies or refines distilled spirits or wines by any process other than as provided for on distillery premises, and every person who, without rectifying, purifying or refining distilled spirits, shall, by mixing such spirits, wine or other liquor with any material, manufacture any imitation of, or compounds liquors for sale under

8-3

the name of, whiskey, brandy, gin rum, wine, spirits, cordials, bitters, or any other name;

(11) "Retailer" means any person who sells at retail any beverage for the sale of which a license is required under the provisions of this chapter;

(12) "Retail sale" or "sale at retail" means a sale to a consumer or to any person for any purpose other than for resale;

(13) "Vintner" means any person who owns, occupies, carries on, works, conducts, or operates any winery, either by himself or by his agent;

(14) "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;

(15) "Wholesale sale" or "sale at wholesale" means a sale to any person for purposes of resale;

(16) "Wine" means the product of the normal alcoholic fermentation of the 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 twenty-one percent (21%) by volume. No other product shall be called "wine" unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or an artificial or imitation wine;

(17) "Winery" means and includes any place or premises wherein wines are manufactured from any fruit or brandies distilled as the by-product of wine or other fruit or cordials compounded, and also includes a winery for the manufacture of wine;

(18) Words importing the masculine gender shall include the feminine and the neuter, and singular shall include the plural. (1972 Code, § 2-102)

8-103. Manufacturing prohibited. The manufacture of alcoholic beverage is prohibited within the corporate limits of the city. (1972 Code, § 2-103)

8-104. Wholesaling prohibited. No person firm or corporation shall engage in the business of selling alcoholic beverages at wholesale within the corporate limits of the city. (1972 Code, § 2-104)

8-105. State laws to be complied with. No person, firm, corporation, associations, or partnership shall engage in the retail liquor business unless all the necessary state licenses and permits have been obtained. (1972 Code, § 2- 105)

8-106. Restrictions as to location. No license shall be granted for the operation of a retail store for the sale of alcoholic beverages when, in the opinion of the council, expressed by a majority thereof, the carrying on of such business at the premises covered by the application for a license would be in too close

8-4

proximity of a church, school, or public institution, or otherwise inimical to the public interest; a business license issued under this chapter shall not be valid except at the premises recited in the application, and any change of location of said business shall be cause for immediate revocation of said license by the city council, unless the new location is approved in writing by the city council. (1972 Code, § 2-106)

8-107. License required for retail business. For the retail sale of alcoholic beverages a license may be issued as in this chapter provided. Any person, persons, firm, or corporation desiring to sell alcoholic beverages to patrons or customers, in sealed packages only, and not for consumption on the premises, shall make application for a certificate of good moral character by submitting in duplicate to the city recorder of the City of Decherd, copies of the appropriate application forms used by the Tennessee Alcoholic Beverage Commission, along with a copy of any supplemental or additional forms required by said commission, and shall request, in writing, that said certificate of good moral character be signed by the mayor or a majority of the city council if such signing of said certificate be determined by the provisions of the Charter of the City of Decherd relating to voting by the city council, certifying that the named applicant or applicants are of good moral character, and if the applicant for said certificate be a corporation, that the executive officers, all directors, all stockholders and those in control are of good moral character. Said certificate shall be subject to the issuance of a retail license by the Tennessee Alcoholic Beverage Commission, and further subject of the issuance of such retailer's license by the City of Decherd. Said City of Decherd retailer's license shall not be issued unless and until the applicant or applicants therefor shall have paid to said city the minimum tax of fifteen dollars ($15.00) due to be paid to said city by said applicant or applicants pursuant to the Tennessee Business Tax Act (TCA §§ 67-4-702 to and including 67-4-726) and shall thereafter comply with all other provisions of said Business Tax Act applicable to said applicant or applicants; and no such City of Decherd license for the sale of alcoholic beverages shall issue except to a person or persons, who, to a firm the partners in which, or to a corporation the stockholder or stockholders or which, have been for at least two years a resident citizen or citizens of Franklin County, Tennessee. (1972 Code, § 2-107)

8-108. Bonds required. Bonds required herein shall be executed by a surety company duly authorized to do business in the State of Tennessee. Each retailer shall execute such bond upon granting of a license, in the amount of one thousand dollars ($1,000.00) conditioned that the principal thereof shall pay any fine which may be assessed against such principal and -- or taxes or inspection fees due from him to the City of Decherd, Tennessee. Each applicant for a certificate of good moral character shall, in the event of issuance of the same, furnish to the City of Decherd a corporate performance bond in the principal

8-5

amount of one thousand dollars ($1,000.00), conditioned upon the use of said certificate within a 120 day period of time after the issuance of said certificate of good moral character, and in the event said certificate of good moral character shall not have been used by the issuance of an appropriate license within said 120 days period of time after issuance of said certificate of good moral character, the same shall be forfeited to the City of Decherd. (1972 Code, § 2-108)

8-109. Restrictions on license holders and employees. (1) The minimum tax and the total tax due to be paid to the city by the applicant or applicants for a license pursuant to the provisions of this chapter under the provisions of the Tennessee Business Tax Act (TCA §§ 67-4-702 to and including 67-4-726) shall be paid by the person, persons, firm or corporation making application for such license and to whom it is issued, and no other person shall pay such taxes. In addition to all other penalties, a violation of this section shall authorize the revocation of such license, where such taxes are paid by another or others, and also the revocation of the license, if any, of the person, persons, firm or corporation so paying such taxes.

(2) No retailer's license shall be issued to a person who is a holder of a public office, either appointive or elective, or who is a public employee, either national, state, city or county, nor to the father, mother, son, daughter, brother, sister or the spouse of such public employee, or the spouses of such father, mother, son, daughter, brother or sister. It shall be unlawful for any such person to have any interest in such retail business, directly or indirectly, either proprietary or by means of any loan, mortgage, or lien or to participate in the profits of any such business.

(3) No retailer shall be a person who has been convicted of a felony involving moral turpitude with ten (10) years prior to the time he or the firm or corporation with which he is connected shall receive a license: provided, however, that this provision shall not apply to any person who has been convicted but whose rights of citizenship have been restored or judgement of infamy has been removed by a court of competent jurisdiction and in case of any such conviction occurring after a license has been issued and received, said license shall immediately be revoked, if such convicted felon be an individual licensee and if not, the firm or corporation with which he is connected shall immediately discharge him. 

(4) No license shall under any circumstance be issued to any person who within ten (10) years preceding application for such license or permit shall have been convicted of any offense under the laws of the State of Tennessee or of any other state of the United States prohibiting or regulating the sale, possession, transporting, storing, manufacturing or otherwise handling intoxicating liquors or who has, during said period, been engaged in business alone or with others in violation of any of said laws or rules and regulations promulgated pursuant thereto, or as they may exist thereafter.

8-6

(5) No manufacturer, brewer, or wholesaler shall have any interest in the business or building containing licensed premises of any other person, firm or corporation having a license issued pursuant to the provisions of this chapter, or in the fixtures of any such person, firm or corporation.

(6) It shall be unlawful for any person to have ownership in or participate directly or indirectly, in the profits or any licensed retail business, unless his interest in said 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 shall be fully disclosed to the city. Where such interest is owned by such person on or before the application for any license to see that this section is fully complied with, whether he, himself signs or prepares the application, or whether the same is prepared by another, or, if said, interest is acquired after the issuance of said license, the burden of disclosure of the acquisition of such interest shall be upon the seller and the purchaser.

(7) No retailer, or any employee thereof, engaged in the sale of alcoholic beverages, shall be a person under the age of nineteen (19) years of age for the physical storage, sale, or distribution of alcoholic beverages or to permit any such person under said age on its place of business to engage in the storage, sale, or distribution of alcoholic beverages.

(8) No retailer shall employ in the storage, sale, or distribution of alcoholic beverages, any person, who within ten (10) years prior to the date of his employment shall have been convicted of a felony involving moral turpitude, and in case an employee should be convicted he shall immediately be discharged: provided, however, that this provision shall not apply to any person who has been so convicted, but whose rights of citizenship, have been restored, or judgement of infamy has been removed, by a court of competent jurisdiction.

(9) No retailer shall employ any person who is a city employee, either elective or appointive, and who receives any monetary compensation for his services from the city .

(10) The issuance of a license pursuant to the provisions of this chapter does not vest a property right in the licensee or licensees, but is a privilege subject to revocation or suspension under the provisions of this chapter.

(11) Misrepresentation of a material fact or concealment of a material fact required to be shown in the application for a license shall be violation of this chapter.

(12) No person, persons, firm or corporation shall be qualified for an Alcoholic Beverage License or have an interest in a retail store who is delinquent in any taxes, whether it be real, personal, privilege or any other kind of taxes, due to the City of Decherd. (1972 Code, § 2-109)

8-110. Employee's permit. (1) Every retail licensee or licensees shall, before employing a person to dispense alcoholic beverages, secure from the city recorder an employee's temporary permit, authorizing such a person to serve as an employee in the place of business of the retailer. Such temporary permit shall

8-7

be submitted to the city council at the next regular meeting for rejection or approval. It is made the duty of the retailer to see that each person dispensing alcoholic beverages has an employee's permit as above required, which permit must be on the person of such employee or upon the premises of the licensee at all times, subject to inspection by the authorized agent of the city. The applicant for such employee's permit shall pay to the city the sum of $1.00 therefor.

(2) Duration of employee's permit. Employee's permits issued under the provisions of this section shall be issued at any time and shall expire twelve (12) months from date of issuance, and shall be subject to revocation or suspension by the city council for any violation of this section or any rule or regulation promulgated pursuant thereto. Application for renewal shall be made in the same manner as application for permit and upon the forms to be prescribed by the city recorder. Such permit shall not be transferrable and must be surrendered, to the city recorder, within seven (7) days from the date the holder thereof ceases to work for the employer, and it shall be the duty of the employer to notify the city recorder within seven (7) days of the termination of employment for which such permit was issued. (1972 Code, § 2-110)

8-111. License to be displayed. Any person, persons, firm or corporation granted a license pursuant to the provisions of this chapter shall, before being qualified to do business, display and post and keep displayed and posted, such license in the most conspicuous place on the premises covered by such license. (1972 Code, § 2-111)

8-112. Transfer of licenses prohibited; term of license; use of agents. The holder of a license may not sell, assign or transfer such license to any other person nor to any other location and said license shall be good and valid only for the calendar year in which the same was issued, and at the location for which it was issued. Provided, however, that the licensee or licensees who are serving in the military forces of the United States in time of war may appoint an agent to operate under the license of such licensee or licensees, during the absence of such licensee or licensees. In such instances the license shall continue to be carried and renewed in the name of the owner or owners. The agent of the licensee or licensees shall conform to all the requirements of a licensee. No person who is ineligible to obtain a license shall be eligible to serve as the agent of a licensee or licensees under this section. All licenses issued under this chapter shall expire at the end of the calendar year and, subject to the provisions of this chapter, may be renewed each calendar year by payment of the above mentioned minimum tax and total tax due to be paid to the city by the licensee or licensees under the provisions of the Tennessee Business Tax Act (TCA §§ 67-4-702 to and including 67-4-726). (1972 Code, § 2-112)

8-8

8-113. New license after revocation. (1) Where a license is revoked, no new license shall be issued to permit the sale of alcoholic beverages on the same premises until after the expiration of one (1) year from the date said revocation becomes final and effective.

(2) If the premises are owned by a person, firm or corporation not the licensee, the commission may, in its discretion, waive the provision of subsection (1) or reduce the time within which no new license may be granted with respect to the same premises. (1972 Code, § 2-113)

8-114. Federal license as evidence of sales. The possession of any federal license to sell alcoholic beverages without the corresponding requisite state license, shall in all cases be prima facie evidence that the holder of such federal license is selling alcoholic beverages in violation of the terms of this chapter. (1972 Code, § 2-114)

8-115. Inspection fees. The City of Decherd does hereby impose an inspection fee upon all licensed retailers of alcoholic beverages as deemed by Tennessee Code Annotated, § 57-3-501 located within said city of eight per cent (8%) on wholesale price as supplied to said retailer by the wholesaler, as defined by said section of Tennessee Code Annotated: and said inspection fee shall be collected as follows:

(1) The inspection fee shall be collected by the wholesaler from the retailer following notice given the wholesaler by the city that an inspection fee has been imposed by ordinance upon the retailers located within the particular city. The inspection fee shall be collected by the wholesaler at the time of the sale or at the time the retailer makes payment for the delivery of the alcoholic beverages.

(2) Each wholesaler making sales to retailers located within the city imposing an inspection fee 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 retailer, 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 twentieth of the month following which the sales were made. The inspection fees collected by the wholesaler from the retailer or retailers shall be paid to the city at the time the monthly report is made. Wholesalers collecting and remitting the above inspection fee shall be entitled to reimbursement for this collection service, a sum equal to five percent (5%) of the total amount of inspection fees collected and remitted, such reimbursement to be deducted and shown on the monthly report.

(a) Failure to collect or timely report and/or pay the inspection fee collected shall result in a penalty of ten per cent (10%) of the fee due, which shall be payable to the City of Decherd.

8-9

(b) The City of Decherd shall have the authority to audit the records of wholesalers reporting to them in order to determine the accuracy of said reports. (1972 Code, § 2-115)

8-116. Regulations for purchase and sale of intoxicating liquors.

(1) It shall be unlawful for my person in this state to buy any alcoholic beverages herein defined from any person, who, to the knowledge of the buyer, does not hold the appropriate license under the laws of this state authorizing the sale of said beverages to him.

(2) No retailer shall purchase any alcoholic beverages from anyone other than a licensed wholesaler, nor shall any wholesaler sell any alcoholic beverages to anyone other than a licensed retailer, or a licensed wholesaler, provided that such alcoholic beverages sold by one (1) wholesaler to another wholesaler shall be transported by common carrier or by vehicle owned or leased and operated by either the consignor wholesaler or the consignee wholesaler.

(3) No manufacturer or distiller shall sell any alcoholic beverages to any person in this state except a licensed wholesaler and to another manufacturer or distiller, and no manufacturer shall hold a wholesaler's license.

(4) No alcoholic beverage for sale to the retailer, or his representative, shall be sold except by a licensed wholesaler, who sells for resale on his premises and who carries on no other business, directly or indirectly, and whose said wholesale business in alcoholic beverages is not operated as an adjunct to, or supplementary to, the business of any other person, either by way of lease of said wholesale premises or otherwise, for any business other than that permitted by the terms of his wholesale license.

(5) No licensee shall sell intoxicating liquors at retail in connection with any wholesale business, or as a part of or in connection with any other business or in the same store where any other business is carried on.

(6) No wholesale or retail store shall be located except on the ground floor, and it shall have one (1) main entrance opening on a public street and such place of business shall have no other entrance for use by the public except as hereafter provided. When a wholesale or retail store is located on the corner of two (2) public streets such wholesale or retail store may maintain a door opening on each of the public streets. Provided, however, that any sales room adjoining the lobby of a hotel or other public building may maintain an additional door into such lobby so long as same shall be open to the public, and, provided, further, that every wholesale and retail store shall be provided with whatever entrances and exits may be required by existing or future municipal ordinances. Provided further, when the location of a wholesale or retail liquor store is authorized to be located or operated within an established shopping center or shopping mall, and said liquor store cannot and does not have a main entrance or door opening onto a public street, but said main entrance or door would open or front on a shopping center parking area, the commission in their discretion may approve the issuance of a liquor license to cover said location

8-10

Change 2, January 13, 1997

within the shopping center or shopping mall, irrespective of the fact that said main entrance or door does not or would not open onto a public street.

(7) No holder of a license for the sale of alcoholic beverages for wholesale or retail shall sell, deliver, or cause, permit or procure to be sold or delivered, any alcoholic beverages on credit, except that holders of wholesale licenses may sell on not more than ten (10) days credit. 

(8) No alcoholic beverages shall be sold for consumption on the premises of the seller as except as provided in Tennessee Code Annotated, §§ 57-4-101 to and including 57-4-203.

(9) To the fullest extent, consistent with the nature of the establishment, full, free and unobstructed vision shall be afforded from the street and public highway to the interior of the place of sale or dispensing of alcoholic beverages there sold or dispensed.

(10) The sale of and delivery of alcoholic beverages shall be confined to the premises of the licensee, and curb service is not permitted.

(11) No form of entertainment, including pinball machines, music machines, or similar devices shall be permitted to operate upon any premises from which alcoholic beverages are sold, and no seating facilities shall be allowed in public area, except that nothing herein shall be construed to prohibit the use of intercom music consistent with commercial business. (1972 Code, § 2-116)

8-117. Solicitation of business restricted. (1) It shall be unlawful for any representative, employee, or agent of any distiller, rectifier or manufacturer, to solicit business from anyone in this state except those holding a wholesaler's license to do business in this state.

(2)(a) No holder of a license issued under this chapter, shall employ any canvasser or solicitor for the purpose of receiving an order from a consumer for any alcoholic beverages at the residence or places of business for such consumer, nor shall any such licensee receive or accept any such order which shall have been solicited or received at the residence or place of business of such consumer.

(b) This subsection shall not be construed so as to prohibit the solicitation by a distiller, rectifier, or vintner of an order from any licensed wholesaler at the licensed premises of such wholesaler, nor to prohibit the solicitation by a licensed wholesaler of an order from any licensed retailer at the licensed premises. (1972 Code, § 2-117)

8-118. Regulation of retail sales. (1) No retailer shall, directly or indirectly, operate more than one place of business, and the word "indirectly" shall include and mean any kind of interest in another place of business, by way of stock ownership, loan, partner's interest, or otherwise.

8-11

Change 2, January 13, 1997

(2) No retailer shall offer or make any discount in the sale or delivery of liquors in case quantities. No reduction in the standard price per case shall be made for sales in excess of one (1) case.

(3) No retailer shall sell any alcoholic beverages to any person who is drunk, nor shall any retailer selling alcoholic beverages sell to any person accompanied by a person who is drunk.

(4) No retailer shall sell any alcoholic beverages to a person known to be a minor.

(5) No retailer shall sell or give away any alcoholic beverage between eleven o'clock P. M. (11:00 ) on Saturday and eight o'clock A. M. on Monday of each week. No retail store shall sell, give away or otherwise dispense alcoholic beverages except between the hours of eight o'clock a. m. and eleven o'clock p.m. on Monday through Saturday. The store may not be open to the general public except during regular business hours. Likewise, all retail liquor stores shall be closed for business on Thanksgiving Day and Christmas Day.

(6) No retailer of alcoholic beverages shall keep or permit so be kept upon the licensed premises any alcoholic beverages in any unsealed bottles or other unsealed containers.

(7) No retailer as herein defined shall own, store or possess upon the licensed premises any unstamped merchandise required by the Laws of Tennessee to have affixed thereto revenue stamps of said state.

(8) No retailer shall sell or give away any alcoholic beverages of the following holidays: Christmas, Thanksgiving, Labor Day, New Year's Day, and the Fourth of July. (1972 Code, § 2-118)

8-119. Actions to recover unpaid license and inspection fees. Whenever any person, persons, firm or corporation licensed hereunder fails to account for or pay over to the city recorder any license fee or inspection fee, or defaults in any of the conditions of his bond, the city recorder shall report the same to the city attorney and he shall immediately institute the necessary action for the recovery of any such license or inspection fee. (1972 Code, § 2-119)

8-12

CHAPTER 2

BEER 1

SECTION

8-201. Beer board established.

8-202. Meetings of the beer board.

8-203. Record of beer board proceedings to be kept.

8-204. Requirements for beer board quorum and action.

8-205. Powers and duties of the beer board.

8-206. "Beer" defined.

8-207. Permit required for engaging in beer business.

8-208. Beer permits shall be restrictive.

8-209. Interference with public health, safety, and morals prohibited.

8-210. Issuance of permits to persons convicted of certain offenses

prohibited.

8-211. Prohibited conduct or activities by beer permit holders.

8-212. Revocation of beer permits.

8-213. Privilege tax.

8-214. Civil penalty in lieu of suspension.

8-201. Beer board established. The city council is hereby designated as the city beer board. (1973 Code, § 2-201)

8-202. Meetings of the beer board. All meetings of the beer board shall be open to the public. The board shall be deemed to be in session at any time the city council is in session. When there is business to come before the beer board a special meeting may be called by the mayor, provided he gives a reasonable notice thereof to each member. The board may adjourn a meeting at any time to another time and place. (1973 Code, § 2-202)

8-203. Record of beer board proceedings to be kept. The recorder shall keep a record of the proceedings of all meetings of the beer board along with the minutes of the city council. The record shall be a public record and shall contain at least the following: The date of each meeting; the names of the board members present and absent; the names of the members introducing and seconding motions and resolutions, etc., before the board; a copy of each such

_________________________________________

1 State law reference

8-13

Change 2, January 13, 1997

motion or resolution presented; the vote of each member thereon; and the provisions of each beer permit issued by the board. (1973 Code, § 2-203)

8-204. Requirements for beer board quorum and action. The requirements for a beer board quorum and action shall be the same as for the city council. (1973 Code, § 2-204)

8-205. Powers and duties of the beer board. The beer board shall have the power and it is hereby directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within the City of Decherd in accordance with the provisions of the state law of this chapter. (1973 Code, § 2-205)

8-206. "Beer" defined. The term "beer" as used in this chapter shall mean and include all beers, ales, and other malt liquors having an alcoholic content of not more than five percent (5%) by weight. (1973 Code, § 2-206)

8-207. Permit required for engaging in beer business. It shall be unlawful for any person 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 prescribe and/or furnish, and pursuant to Tennessee Code Annotated, § 57-5-101(b), and shall be accompanied by a non-refundable application fee of two hundred dollars ($250.00). Said fee shall be in the form of a cashier's check payable to the City of Decherd. Each applicant must be a person of good moral character and he must certify that he has read and is familiar with the provisions of this chapter. (Ord. #185, Nov. 1993)

8-208. Beer permits shall be restrictive. 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 shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his permit. It shall likewise be unlawful for him not to comply with any and all express restrictions or conditions which may be written into his permit by the beer board. Permits are to be renewed annually on a calendar basis. (1973 Code, § 2-208)

8-209. Interference with public health, safety, and morals prohibited. No permit authorizing the sale of beer will be issued when such business would cause congestion of traffic or would interfere with churches or other places of public gathering as determined by the Decherd Beer Board and, would otherwise interfere with the public health, safety, and morals except at public

8-14

Change 2, January 13, 1997

eating places. In no event will a permit be issued authorizing the sale of beer for on premises consumption at places within three hundred fifty feet (350) of any church or other place of public gathering as determined by the Decherd Beer Board. The Decherd Beer Board will have total discretion of all beer sales and locations within the Decherd city limits. (1973 Code, § 2-210, as amended by Ord. #239, Jan. 1997)

8-210. Issuance of permits to persons convicted of certain offenses prohibited. No beer permit shall be issued to any person who has been convicted for involvement with the illegal possession, sale or transportation of intoxicating liquor, marijuana drugs; or any other offense that a person was sentenced to serve five months twenty-nine days or more in a county jail or other detention place, within the past ten (10) years. (1973 Code, § 2-211)

8-211. Prohibited conduct or activities by beer permit holders. It shall be unlawful for any beer permit holder to:

(1) Employ any person convicted under the provisions of § 8-211 as noted above.

(2) Employ any minor under eighteen (18) years of age in the sale, storage, distribution, or manufacture of beer.

(3) Make or allow any sale of beer between the hours of 12:00 midnight and 7 A.M. during any day of the week, or any time before 12:00 o'clock noon on Sunday.

(4) Allow any loud, unusual,, or obnoxious noises to emanate from his premises.

(5) Make or allow any sale of beer to a minor under twenty-one (21) years of age.

(6) Allow any minor under twenty-one (21) years of age to loiter in or about his place of business.

(7) Make or allow any sale of beer to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.

(8) Allow drunk or disreputable persons to loiter about his premises.

(9) Serve, sell, or allow the consumption on his premises of any alcoholic beverage with an alcoholic content of more than five per cent (5%) by weight.

(10) Allow dancing on his premises when the management/owner/operator has been officially warned on three (3) separate occasions of: not maintaining order (disorderly to the extent of being unsafe for customers); not maintaining and enforcing safety standards in accordance with the Fire Prevention Code and the Life Safety Code.

(11) [Deleted.] This subsection was deleted by Ord. #239.

(12) Fail to provide and maintain separate sanitary toilet facilities for men and women.

8-15

Change 2, January 13, 1997

(13) [Deleted.] This subsection was deleted by Ord. #239. (1973 Code, § 2-212, modified, as amended by Ord. #239, Jan. 1997)

8-212. Revocation of beer permits. The beer board shall have the power to revoke any beer permit issued under the provisions of this chapter when the holder thereof is guilty of making a false statement or misrepresentation in his application or of violating any of the provisions of this chapter. However, no beer permit shall be revoked until a public hearing is held by the board after reasonable notice to all the known parties in interest. Revocation proceedings may be initiated by the police chief or by any member of the beer board. (1973 Code, § 2-213)

8-213. Privilege tax. There is hereby imposed on the business of selling, distributing, storing or manufacturing beer a privilege tax of one hundred dollars ($100). Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax on January 1, 1994, and each successive January 1, to the City of Decherd, Tennessee. 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. (Ord. #185, Nov. 1993)

8-214. Civil penalty in lieu of suspension. The beer board may, at the time it imposes a revocation or suspension, offer a permit holder the alternative of paying a civil penalty not to exceed $1,500 for each offense of making or permitting to be made any sales to minors or, a civil penalty not to exceed $1,000 for any other offense. If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) 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. (Ord. #185, Nov. 1993)

8-16

Change 2, January 13, 1997

CHAPTER 3

ON PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES

SECTION

8-301. Privilege tax levied.

8-302. Recorder's responsibility.

8-301. Privilege tax levied. Pursuant to the authority of Tennessee Code Annotated, § 57-4-301 there is levied on every person who engages in the business of selling at retail in the City of Decherd alcoholic beverages for consumption on the premises, an annual privilege tax as follows:

(1) Private club ...................................................................$300

(2) Hotel and motel ........................................................... 1,000

(3) Convention center .......................................................... 500

(4) Premier type tourist resort ........................................... 1,500

(5) Restaurant, according to seating capacity, on licensed premises

(a) 75-125 seats ................................... 600

(b) 126-175 seats ................................. 750

(c) 176-225 seats ................................. 800

(d) 226-275 seats ................................. 900

If a restaurant is licensed by the ABC to sell wine only under Tennessee Code Annotated, § 57-4-101(n), the privilege tax imposed shall be one-fifth (1/5) the amount specified in (5) above.

(6) Historic performing arts center .............................300

(7) Urban park center ............................................... 500

(8) Commercial passenger boat company ...................750

(9) Historic mansion house site ....................................300

(10) Historic interpretive center ...................................300

(11) Community theater ............................................. 300

(12) Zoological institution ........................................... 300

(13) Museum ..............................................................300

(14) Establishment in a terminal building of a commercial air carrier airport ....................... 1,000

(15) Commercial airline travel club ...............................500

(16) Public aquarium ....................................................300

(as added by Ord. #220, § 2, Aug. 1995)

8-302. Recorder's responsibility. It shall be the responsibility of the recorder to insure that the city receives its share of the fifteen percent (15%) tax levied on the gross sales of on alcoholic beverages sold at retail for consumption on premises and collected by the commissioner of the ABC under Tennessee Code Annotated, § 57-4-301(c), and distributed to the state and its political

8-17

Change 2, January 13, 1997

subdivisions under Tennessee Code Annotated, § 57-4-306. (as added by Ord. #220, § 2, Aug. 1995)

9-1

Change 1, April 10, 1995

TITLE 9

BUSINESS, PEDDLERS, SOLICITORS, ETC.1

CHAPTER

1. MISCELLANEOUS.

2. PEDDLERS, ETC.

3. CHARITABLE SOLICITORS.

4. POOL ROOMS.

5. CABLE TELEVISION.

6. CABLE TELEVISION FRANCHISE ORDINANCE.

CHAPTER 1

MISCELLANEOUS

SECTION

9-101. "Going out of business" sales.

9-102. Revocation or refusal of taxicab licenses for liquor law violators.

9-101. "Going out of business" sales. It shall be unlawful for any person to falsely represent a sale as being a "going out of business" sale. A "going out of business" sale, for the purposes of this section, shall be 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 ninety (90) days he shall prima facie be deemed to have violated this section. (1972 Code, § 5-102)

9-102. Revocation or refusal of taxicab licenses for liquor law violators. Any driver or owner of a taxicab operating in Decherd, Tennessee, upon conviction for selling or transporting whiskey, shall have his license to operate a taxicab in Decherd revoked. Furthermore, no license to operate a taxicab in Decherd, Tennessee, shall be issued to an applicant who has been convicted of transporting or selling whiskey within five years from the date of his application. (1972 Code, § 5-101)

________________________________________

1 Municipal code references

9-2

CHATTER 2

PEDDLERS, ETC.1

SECTION

9-201. Permit required.

9-202. Exemptions.

9-203. Application for permit.

9-204. Issuance or refusal of permit.

9-205. Appeal.

9-206. Bond.

9-207. Loud noises and speaking devices.

9-208. Use of streets.

9-209. Exhibition of permit.

9-210. Policemen to enforce.

9-211. Revocation or suspension of permit.

9-212. Reapplication.

9-213. Expiration and renewal of permit.

9-214. Casual sale of goods by residents of the city.

9-201. Permit required. It shall be unlawful for any peddler, canvasser or solicitor, or transient merchant to ply his trade within the corporate limits without first obtaining a permit therefor in compliance with the provisions of this chapter. No permit shall be used at any time by any person other than the one to whom it is issued. (1972 Code, § 5-201)

9-202. Exemptions. The terms of this chapter shall not be applicable to persons selling at wholesale to dealers, nor to newsboys, nor to bona fide merchants who merely deliver goods in the regular course of business, nor to bona fide charitable, religious, patriotic or philanthropic organizations. (1972 Code, § 5-202)

9-203. Application for permit. Applicants for a permit under this chapter must file with the city recorder a sworn written application containing the following:

(1) Name and physical description of applicant.

(2) Complete permanent home address and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made.

________________________________________

1 Municipal code references

9-3

(3) A brief description of the nature of the business and the goods to be sold.

(4) If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship.

(5) The length of time for which the right to do business is desired.

(6) A recent clear photograph approximately two (2) inches square showing the head and shoulders of the applicant.

(7) The names of at least two (2) reputable local property owners who will certify as to the applicant's good moral reputation and business responsibility, or in lieu of the names of references, such other available evidence as will enable an investigator to properly evaluate the applicant's moral reputation and business responsibility.

(8) A statement as to whether or not the applicant has been convicted of any crime or misdemeanor or for violating any municipal ordinance; the nature of the offense; and, the punishment or penalty assessed therefor.

(9) The last three (3) cities or towns, if that many, where applicant carried on business immediately preceding the date of application and, in the case of transient merchants, the addresses from which such business was conducted in those municipalities.

(10) At the time of filing the application, a fee of five dollars ($5.00) shall be paid to the city to cover the cost of investigating the facts stated therein. (1972 Code, § 5-203)

9-204. Issuance or refusal of permit. (1) Each application shall be referred to the chief of police for investigation. The chief shall report his findings to the city recorder within seventy-two (72) hours.

(2) If as a result of such investigation the chief reports the applicant's moral reputation and/or business responsibility to be unsatisfactory the city recorder shall notify the applicant that his application is disapproved and that no permit will be issued.

(3) If, on the other hand, the chief's report indicates that the moral reputation and business responsibility of the applicant are satisfactory the city recorder shall issue a permit upon the payment of all applicable privilege taxes and the filing of the bond required by section 9-206. The city recorder shall keep a permanent record of all permits issued. (1972 Code, § 5-204)

9-205. Appeal. Any person aggrieved by the action of the chief of police and/or the city recorder in the denial of a permit shall have the right to appeal to the city council. Such appeal shall be taken by filing with the mayor within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The mayor shall set a time and place for a hearing on such appeal and notice of the time and place of such hear-ing shall be given to the appellant. The notice shall be in writing and shall be mailed, postage prepaid, to the applicant at his last known address at least five

9-4

(5) days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing. (1972 Code, § 5-205)

9-206. Bond. Every permittee shall file with the city recorder a surety bond running to the city in the amount of one thousand dollars ($1,000.00). The bond shall be conditioned that the permittee shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating peddlers, canvassers, solicitors, transient merchants, itinerant merchants, or itinerant vendors, as the case may be, and shall guarantee to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the permittee, and further guaranteeing to any citizen of the city doing business with said permittee that the property purchased will be delivered according to the representations of the permittee. Action on such bond may be brought by any person aggrieved and for whose benefit, among others, the bond is given, but the surety may, by paying, pursuant to order of the court, the face amount of the bond to the clerk of the court in which the suit is commenced, be relieved without costs of all further liability. (1972 Code, § 5-206)

9-207. Loud noises and speaking devices. No permittee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the sidewalks, streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the adjacent sidewalks, streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell. (1972 Code, § 5-207)

9-208. Use of streets. No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where the operation might impede or inconvenience the public use of the streets. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. Furthermore, no person shall sell or offer for sale any merchandise, food, or any other article from any motor truck, automobile, horse-drawn vehicle, or any other vehicle on Depot Street or within one block thereof within the City of Decherd. (1972 Code, § 5-208)

9-209. Exhibition of permit. Permittees are required to exhibit their permits at the request of any policeman or citizen. (1972 Code, § 5-209)

9-5

9-210. Policemen to enforce. It shall be the duty of all policemen to see that the provisions of this chapter are enforced. (1972 Code, § 5-210) 

9-211. Revocation or suspension of permit. (1) Permits issued under the provisions of this chapter may be revoked by the city council after notice and hearing, for any of the following causes:

(a) Fraud, misrepresentation, or incorrect statement contained in the application for permit, or made in the course of carrying on the business of solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor.

(b) Any violation of this chapter.

(c) Conviction of any crime or misdemeanor.

(d) Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(2) Notice of the hearing for revocation of a permit shall be given by the city recorder in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the permittee at his last known address at least five (5) days prior to the date set for hearing, or it shall be delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing,

(3) When reasonably necessary in the public interest the mayor may suspend a permit pending the revocation hearing. (1972 Code, § 5-211)

9-212. Reapplication. No permittee whose permit has been revoked shall make further application until a period of at least six (6) months has elapsed since the last revocation. (1972 Code, § 5-212)

9-213. Expiration and renewal of permit. Permits issued under the provisions of this chapter shall expire on the same date that the permittee's privilege license expires and shall be renewed without cost if the permittee applies for and obtains a new privilege license within thirty (30) days thereafter. Permits issued to permittees who are not subject to a privilege tax shall be  issued for one (1) year. An application for a renewal shall be made substantially in the same form as an original application. However, only so much of the application shall be completed as is necessary to reflect conditions which have changed since the last application was filed. (1972 Code, § 5-213)

9-214. Casual sale of goods by residents of the city. The sales and markets noted here are the yard sales, garage sales, roadside stands, farmers markets, flea markets, and swap meets etc.

9-6

(1) Citizens are required to secure a permit for these sales on their property or property that their items are displayed if the sale is going to be more than (2) two days in duration.

(2) Churches are exempt from the permit, if their sales are held on private church property, however, church sales are prohibited on residential property.

(3) If misleading information is given to acquire a permit for sales, the permit will be revoked and refused under this section for (1) one year.

(4) (4) Casual sales may not be conducted by the same sellers for more than (3) three consecutive days at any one time, and no more often than one (1) time per month, on the same property.

(5) Any goods sold must be the property of the sellers, and which goods have been used by said sellers or were theretofore purchased by said sellers for their personal use.

(6) Goods sold shall not have been purchased by sellers for the purpose of resale. Should one or more of the foregoing conditions not exist, then casual sales activities shall be subject to permit and other requirements as are herein set forth and further sales activities shall be considered as a business and be subject to business tax and other requirements pertaining to businesses in general. (Ord. #144, Oct. 1990)

9-7

CHAPTER 3

CHARITABLE SOLICITORS

SECTION

9-301. Permit required.

9-302. Prerequisites for a permit.

9-303. Denial of a permit.

9-304. Exhibition of permit.

9-301. Permit required. 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. (1972 Code, § 5-301)

9-302. Prerequisites for a permit. The recorder 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. (1972 Code, § 5-302)

9-303. Denial of a permit. 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 fifteen (15) days after he makes application therefor. (1972 Code, § 5-303)

9-304. Exhibition of permit. Any solicitor required by this chapter to have a permit shall exhibit such permit at the request of any policeman or person solicited. (1972 Code, § 5-304)

9-8

CHAPTER 4

POOL ROOMS 1

SECTION

9-401. Hours of operation regulated.

9-402. Minors to be kept out; exception.

9-401. Hours of operation regulated. It shall be 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 between the hours of 11:00 p.m. and 6:00 a.m. (1972 Code, § 5-501)

9-402. Minors to be kept out; exception. It shall be 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 eighteen (18) years to play on said 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 be 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. (1972 Code, § 5-502)

________________________________________

1 Municipal code reference

9-9

CHAPTER 5

CABLE TELEVISION

SECTION

9-501. To be furnished under franchise.

9-501. To be furnished under franchise. Cable television service shall be furnished to the City of Decherd and its inhabitants under franchise granted by the city council of the City of Decherd, Tennessee. The rights, powers, duties and obligations of the City of Decherd and its inhabitants are clearly stated in the franchise agreement executed by, and which shall be binding upon the parties concerned.1

________________________________________

1 For complete details relating to the cable television franchise agreement

9-11

Change 1, April 10, 1994

chapter and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters. Further, it is recognized that cable communications systems have the capacity to provide not only entertainment and information services to the county's residents, but can provide additional services.

For these purposes, the following goals underlie the provisions contained herein:

(1) Where economically reasonable, cable television services should be made available to all city residents.

(2) The system should be capable of accommodating both the present and reasonably foreseeable future cable television needs of the citizens of the city. (Ord. #199, § 1, April 1995)

9-602. Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the following meanings when used in this chapter:

"Cable television service." The provision of television reception, communications and/or entertainment services for direct or indirect compensation, or as otherwise provided by this chapter, and distributing the same over a cable television system.

"Cable television system." A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service to multiple subscribers within a community, not including a facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast stations; or a facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities use any public right-of-way or public utility easement.

"Channel." A portion of the electro-magnetic frequency spectrum (or any other means of transmission, including but not limited to optical fibers) which is capable of carrying the equivalent of one (1) six megaHertz television broadcast signal and includes uses of all or any portion of such band of frequencies.

"City." The City of Decherd.

"City council." The City Council of the City of Decherd, State of Tennessee.

"Commercial subscriber." All subscribers not defined as either residential or non-commercial.

"FCC." The Federal Communications Commission.

"Cable act." The Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 521 et seq.

"Franchise." The nonexclusive rights granted pursuant to this chapter to construct, operate, and maintain a cable television system along the public

9-12

Change 1, April 10, 1994

rights of way within all of the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city. 

"Franchise agreement." A contract entered into between the city and the grantee pursuant to this chapter, containing additional provisions of the franchise granted.

"Grantee." The person, partnership, firm, or corporation to whom a franchise, as herein defined, is granted by the city council under this chapter and the lawful successor, transferee or assignee of said person, firm, or corporation.

"Gross revenues." The following types of revenue received by a grantee directly from the operations of a cable television system in the city: regular subscriber service fees, per channel pay services, leased channel revenues, converter and remote control rental revenues.

"Service area." The geographical area within the incorporated limits of the city as now exist or hereafter are expanded.

"Person." Any individual, firm, partnership, association, corporation, or organization of any kind.

"Residential subscriber." A subscriber who receives cable television/service in a single family home or an individual dwelling unit of a multiple dwelling, where the service is not to be utilized with a business trade or profession.

"Street(s)." The surface of and the space above and below any publicly owned or maintained property or right-of-way, street, road, highway, freeway, land, path, alley, court, sidewalk, parkway, or drive, now or hereafter as such written the city.

"Subscriber." Any person or entity lawfully receiving any portion of the cable television service of a grantee pursuant to this chapter. (Ord. #199, § 2, April 1995)

9-603. Acceptance: effective date. (1) Within thirty (30) days after final action granting a franchise which shall be done by resolution by the city council, the grantee shall file with the city clerk a written acceptance acknowledged before a notary public of the conditions required by the franchise. Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this chapter, the franchise agreement (if any) and applicable law and shall be in such a form and content as to be approved by the city attorney. If such acceptance is not filed in said time, then the franchise so awarded me be deemed void and of no further force and effect and the offer of franchise so awarded may stand revoked at the option of the city.

(2) Concurrently with the filing of the written acceptance, the grantee shall file with the city clerk the bond and insurance certificate required by this chapter.

9-13

Change 1, April 10, 1994

(3) The effective date of the franchise shall be the first day of the first month next following the date on which the grantee files the acceptance, bond and insurance certificate as required herein; provided, however, if any of the material required to be filed with the acceptance or the acceptance itself is defective or fails to meet with approval, the franchise shall not be in effect until such defect is cured, or such approval is obtained. (Ord. #199, § 3, April 1995)

9-604. Term of franchise. The duration of a franchise granted pursuant to this chapter shall be in full force and effect for a term of ten (10) years. The term of the franchise shall be automatically extended for an additional five (5) years provided that the grantee has materially performed to the terms and conditions of the franchise. (Ord. #199, § 4, April 1995)

9-605. Revocation of franchise and other penalties. (1) Subject to the provisions of this section, city reserves the right to revoke, at any time, any franchise granted hereunder and rescind all rights and privileges associated therewith in the event, that:

(a) Grantee has not substantially complied with a material provision of this chapter, the franchise agreement, or of any supplemental written agreement entered into by and between the city and the grantee; or

(b) Grantee has made a material false statement in the application for the franchise, knowing it to be false, or grantee commits a fraud in its conduct or relations under the franchise with the city; or

(c) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or assignment for benefit of creditors, is unable to pay its debts as they mature, unless the grantee is in due process of contesting such debts; or

(d) Grantee fails to comply with any final federal or state judgement arising directly from the exercise of grantee's rights under its franchise; or

(e) Grantee fails to provide or maintain in full force and effect the bond and insurance policies required by this chapter; or 

(f) Grantee assigns, sells or transfers its title or interest in its franchise without the consent of the city council.

(2) In the event that the city shall make a preliminary decision to revoke a franchise granted hereunder, it shall give the grantee a minimum of sixty (60) days written notice of its intention to terminate and stipulate the cause. A public hearing shall be scheduled for the end of said sixty (60) day period. If during said period, the cause shall be cured to the satisfaction of the city, the city shall declare the notice to be null and void. If the cause is not cured to the satisfaction of the city, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the city council in a

9-14

Change 1, April 10, 1994

hearing, if the city determines that the franchise should be terminated, it shall issue a written decision containing its findings of fact and stating the specific grounds for termination. The decision to terminate a franchise shall be subject to judicial review as provided by law.

(3) A grantee shall not be declared in default or be subject to any sanction under any provision of this chapter in any case where the action justifying such sanction is without the grantee's knowledge or authorization or outside its control. (Ord. #199, § 5, April 1995)

9-606. Transfer of cable television system. (1) No transfer of control of the cable television system other than a pro forma transfer to a parent or a wholly owned subsidiary corporation, or to a partnership with the same general partner as grantee, or hypothecation as the result of a commercial loan shall take place, whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger, or any other form of disposition, without prior notice to and approval by the city council, which approval shall not be unreasonably withheld. The notice shall include full identifying particulars of the proposed transaction. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the city may inquire into the qualifications of the prospective controlling party and the grantee shall assist the city in any such inquiry. The city shall have ninety (90) days within which to approve or disapprove, by resolution, the proposed transfer of control. If the city fails to act within said ninety (90) day period, the application to transfer control or assign the franchise shall be deemed to be granted.

(2) Approval of such transfer shall be expressly conditioned upon full compliance with the material terms of the franchise and this chapter. The transferee shall agree in writing to comply with all provisions of this chapter and the franchise agreement.

(3) For the purpose of this section, the term "control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of affiliated persons of twenty five (25) percent of the voting shares of the grantee. (Ord. #199, § 6, April 1995)

9-607. Authority granted by the franchise. (1) The grantee of any franchise granted pursuant to the provisions of this chapter shall, subject to the conditions and restrictions set out in this chapter, be authorized to construct or have constructed, operate, and maintain a cable television system, and to engage in the business of providing cable television service in the city as defined herein and in the franchise and for that purpose to erect, install, construct, repair, replace, reconstruct and maintain such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be necessary and appurtenant to the cable television

9-15

Change 1, April 10, 1994

system; provided, however, that before any pole, wire, or other thing mentioned above which is necessary and appurtenant to the cable television system is placed on or within any street, the required permits to do so must be obtained by the grantee from the city; and, provided further, that before any such construction is commenced, the plans and specifications thereof must be approved in writing by the Public Works Director of the City of Decherd. It shall be unlawful for any telephone, telegraph, or power company or any other public utility company or person to lease or otherwise make available to any person, any poles, lines, facilities, equipment, or other property for use in connection with the operation of a cable television system or the provision of cable television service, unless such other person holds a valid franchise granted pursuant to the provisions of this chapter.

(2) The authority granted to a grantee pursuant to the provisions of this chapter is not and shall not be deemed to be an exclusive right or permission. The city expressly reserves the right to grant one or more non-exclusive franchises to operate a cable television system to other persons for the entire franchise area at any time under the same substantive terms and conditions as apply to the existing grantee. No such additional franchise granted by the city shall affect the obligations of any other grantee.

(3) If the city grants an additional franchise under this chapter which contains terms deemed more favorable by any existing grantee, said existing grantee may elect to incorporate said terms or provisions into its existing franchise upon notice to the city. (Ord. #199, § 7, April 1995)

9-608. Franchise fee. (1) Because the city finds that the administration of a franchise granted pursuant to this chapter imposes upon the city additional regulatory responsibility and expense, a grantee of any franchise hereunder shall pay to the city, within ninety (90) days after the end of its fiscal year, an annual sum equal to five percent (5%) of its gross revenues. This fee shall be in addition to any and all taxes which are now or may be required hereafter to be paid pursuant to any federal, state, or local law. This fee shall be deemed to reimburse the city for all costs of regulating the cable television system of the grantee and shall cover the expenses of all regulatory requirements including, but not limited to, any performance testing required by the city under the terms of this chapter and any renewal or transfer procedures arising hereunder.

(2) Acceptance of payments hereunder shall not be construed as a release of as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligations hereunder. (Ord. #199, § 8, April 1995)

9-609. Limitations of franchise. (1) In addition to the limitations otherwise herein appearing, the franchise is subject to the limitation that the grantee shall at all times during the life of any franchise hereunder be subject to the lawful exercise of its police power by the city and other duly authorized

9-16

Change 1, April 10, 1994

regulatory state and federal bodies and shall comply with any and all ordinances which the city has adopted or shall adopt applying to the public generally and shall be subject to all laws of the State of Tennessee and the United States.

(2) Time shall be of the essence in any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly with a provision of this chapter by the failure of the city to enforce compliance. Failure of the city to enforce any breach by the grantee shall not constitute a waiver by the city.

(3) Any poles, cable, electronic equipment or other appurtenances of the grantee to be installed in, under, over, along, across or upon a street shall be so located so as to cause minimum interference with the public use of the streets and to cause minimum interference with the rights of other users of the streets or of property owners who adjoin any of the streets.

(4) In the event of disturbance of any street, other public property, or private property by grantee, it shall, at its own expense and using reasonable efforts, replace and restore property to the condition existing before the work was done.

(5) Grantee shall contract, maintain and operate the cable television system so as to cause minimum inconvenience to the general public. All excavations shall be properly guarded and protected. All excavations shall be filled and the surface restored promptly after completion of the work at grantee's sole cost and expense. The grantee shall at all times comply with all excavation ordinances of the city.

(6) The grantee shall, upon reasonable notice from any person holding a building moving permit issued by the city, temporarily alter its facilities to permit the moving of such building. The actual cost of such altering shall be borne by the person requesting the altering and the grantee shall have the right to request payment in advance. For the provisions of this chapter, reasonable notice shall be construed to mean at least seventy-two (72) hours prior to the move.

(7) If, at any time, in case of fire or disaster in the city it shall become necessary in the judgement of the city manager or the chief of the fire department or their designee to cut or move any of the wires, cable amplifiers, appliances, or appurtenances thereto of the grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the grantee at not expense to the city. (Ord. #199, § 9, April 1995)

9-610. Additional city rights in franchise. (1) The city reserves the right upon reasonable notice to require the grantee at his expense to protect, support, temporarily disconnect, relocate or remove from the streets any property of the grantee by reason of traffic conditions, public safety, street construction or excavation, change or establishment of street grade, installation of sewers, drains, water pipes, power or communication lines, tracts, or other types of structure or improvements by governmental agencies. Reasonable notice for

9-17

Change 1, April 10, 1994

this provision of the chapter shall be construed to mean at least thirty (30) days except in the case of emergencies where no specific notice period shall be required.

(2) In the event of the failure by the grantee to complete any work required by subsection (1) above or any work required by City law or ordinance within the time established, the city may cause such work to be done and the grantee shall reimburse the city the reasonable costs thereof within thirty (30) days after receipt of an itemized list of such cost.

(3) The city reserves the right, in the event of an emergency or disaster, to require the grantee to make available to the city manager, upon request, grantee's audio override, if any, and community channel, if any, at no cost, for emergency use during such emergency or disaster period. 

(4) The city reserves the right during the life of any franchise hereunder to inspect, upon reasonable notice, at all reasonable hours, the grantee's contracts and engineering records dealing with gross revenue and technical service provided by grantee, provided that information pertaining to service to individual subscribers will be available pursuant to section 631 of the Cable Act.

(5) The city reserves the right during the life of any franchise granted hereunder, to install and maintain free of charge upon the poles or in the conduits of a grantee any wire and pole fixtures necessary for municipal networks such as police and fire, on the condition that such installations and maintenance thereof do not interfere with the operations of the grantee.

(6) The city reserves the right during the life of any franchise granted hereunder, to reasonably inspect all construction or installation work performed subject to the provisions of the chapter to ensure compliance with the terms of the chapter. At its own expense, the city may also perform measurements upon and randomly inspect any portion of a grantee's system to ensure compliance with the technical standards under which the grantee is authorized to operate provided that such measurement or inspection does not interfere with the operation of the cable television system.

(7) At any time during the term of the franchise, and upon thirty (30) days notice, the city reserves the right to hold a public hearing for the expressed purpose of reviewing the general and specific performance of the grantee with regard to all franchise provisions contained herein or in any franchise agreement issued hereunder.

(8) Any right or power in or duty impressed upon any officer, employee, department, or board of the city shall be subject to transfer by the city council by law to any other officer, employee, department or board of the city. The city reserves all rights not specifically granted herein, and the enumerations of the rights herein shall not be construed to be a limitation of any right or power the city may otherwise have. (Ord. #199, § 10, April 1995)

9-18

Change 1, April 10, 1994

9-611. Service area. (1) Subject to the provisions of paragraph (2) of this section, the grantee of any franchise hereunder shall offer cable television service to all potential residential subscribers who are located within the city limits as of the effective date of the franchise. Subject to the provisions of paragraph (2) of this section, the grantee shall offer cable television service to all potential residential subscribers within any area described in any annexation ordinance passed after the passage of this chapter, within one (1) year of the effective date of the said annexation ordinance.

(2) The grantee of any franchise hereunder shall offer cable television service to all potential residential subscribers located within one hundred fifty (150) feet of grantees feeder cable where there exists a minimum density of thirty-five (35) dwelling units per mile. The grantee may elect, but has no obligation, to offer cable television service to areas not meeting the above standard.

(3) In the event the continued use of a street is denied for any reasonable reason related to public health, safety or welfare, the grantee will make every reasonable effort to provide Residential Service over alternate routes. (Ord. #199, § 11, April 1995)

9-612. Time for providing service. Unless otherwise authorized by the city council, all areas meeting the requirements of section 12(2) subsequent to the effective date of a franchise granted pursuant to this chapter shall  be offered cable television service within twelve (12) months of the effective date of the annexation. (Ord. #199, § 12, April 1995)

9-613. Condition of use of streets. (1) The poles used for a distribution system shall be, to the extent possible, those erected and maintained by either a power company or a telephone company, or both. Notwithstanding any other provisions of this chapter, no poles except replacements for existing poles shall be erected by or for the grantee, in any street, except when necessary to service a subscriber. Any poles, wires, cable or other facilities to be constructed or installed by grantee on or within the streets shall be constructed or installed only at such locations and depths and in such a manner as to comply with all state statutes and rules and regulations of the State of Tennessee, the city, and any other agency of competent jurisdiction.

(2) The installation of trunk and distribution lines, including service drops to subscribers, shall be made underground in areas where both telephone and power lines are underground or are placed underground and the service poles are removed. (Ord. #199, § 13, April 1995)

9-614. System design and channel capacity. The cable television system shall be constructed and operated in a manner as set forth in this chapter. The cable television system shall have a capacity of at least 300 mHz bandwidth and

9-19

Change 1, April 10, 1994

shall be constructed and operated in a manner as set forth in this chapter. (Ord. #199, § 14, April 1995) 

9-615. Interconnection. Where economically reasonable and technically possible, grantee may connect its system with other cable systems adjoining it so as to provide the widest possible combination of programming in the most efficient manner. (Ord. #199, § 15, April 1995)

9-616. Service to government buildings. The grantee shall, upon request therefore, provide and furnish without charge to all public educational institutions and governmental buildings within the service area and within 150 feet of grantee's existing distribution cable, one (1) service outlet. The institutions shall be entitled to receive, free of charge, the grantee's basic cable television service. (Ord. #199, § 16, April 1995)

9-617. Parental control devices. The grantee shall at all times have available parental control devices for the purpose of controlling premium television programming on individual subscriber television sets. The grantee shall have the right to charge reasonable fees of the use of such devices. (Ord. #199, § 17, April 1995)

9-618. Construction standards. (1) Grantee shall construct, install, operate and maintain the cable television system in a manner consistent with all laws, ordinances, construction standards, governmental requirements and the construction and operational standards contained in this chapter and any franchise agreement. 

(2) All installation and maintenance of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable sections of the National Electric Safety Code, the National Electrical Code of the National Bureau of Fire Underwriters and all state and local codes where applicable.

(3) Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable local or state codes and regulations.

(4) All construction methods and standards shall conform to standard industry practices at the time of construction, and as specified herein and in any franchise agreement.

(5) Any contractor used by a grantee for construction, installation, operation, maintenance, or repair of system equipment must be properly licensed under the laws of the state to which the contractor is licensed, and all local ordinances.

(6) The city does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights-of-way,

9-20

Change 1, April 10, 1994

where necessary, the locations shall be verified by excavation. (Ord. #199, § 18, April 1995)

9-619. Operational standards and performance monitoring. (1) The cable television system shall be operated in compliance with the service standards established by the National Cable Television Association.

(2) The grantee shall put, keep and maintain all parts of the system in good condition throughout the entire franchise term.

(3) The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use.

(a) Service repair response time to a subscriber outage call shall not exceed forty-eight (48) hours except on weekends and holidays or in circumstances beyond the reasonable control of the grantee; and

(b) Trained technicians shall respond on a twenty-four (24) hour day seven (7) days a week basis whenever ten (10) or more verifiable subscriber complaints of outage are received.

(c) The grantee shall have a local, publicly listed telephone number. The Grantee shall provide the means to accept complaint calls twenty-four (24) hours a day, seven (7) days a week. (Ord. #199, § 19, April 1995)

9-620. Rates and charges. Grantee shall file with the city schedules which shall describe all services offered, all rates and charges of any kind, and all terms and conditions relating thereto. Grantee shall have the right to pass through to its subscribers all taxes and fees related to the provision of cable television service and grantee shall have the right to itemize all such taxes and fees on the customer bills. The city council reserves the right and authority to comment, whether publicly or in private, regarding grantee's schedule of rates and charges. (Ord. #199, § 20, April 1995)

9-621. Rights of individuals. (1) The grantee shall not deny service, deny access, or otherwise discriminate against subscribers or other users, or any citizen on the basis of race, color, religion, national origin, sex or sexual orientation. The grantee shall comply at all times with all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to nondiscrimination.

(2) Grantee shall comply with the individual privacy provisions contained in the Cable Act. (Ord. #199, § 21, April 1995) 9-622. Liability and indemnification. (1) The grantee shall, at its sole cost and expense, fully indemnify, defend and save harmless the city, its officers, councils, commissions, and employees against any and all actions, liability,

9-21

Change 1, April 10, 1994

judgements, executions, claims or demands whatsoever by others, including, but not limited to, copyright infringement and all other damages arising out of the installation or operation or maintenance of the cable television system authorized herein, whether or not any act of omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder. Grantee shall further indemnify and save the city harmless against all liabilities to others arising out of such construction, operation and maintenance, including, but not limited to, any liability for damages by reason of, or arising out of, any failure by grantee to secure licenses from the authorized distributors or licensees of programs to be transmitted or distributed by the grantee, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney's fees, arising out of the grantee's exercise or enjoyment of this franchise, irrespective of the amount of any comprehensive liability policy required hereunder.

(2) The foregoing liability and indemnity obligations of the grantee pursuant to this section shall not apply to damages occasioned by acts of the city, its agents or employees, nor shall it be deemed a waiver of any defense of contributory negligence which the grantee may assert against the city, its agents or employees. (Ord. #199, § 22, April 1995)

9-623. Insurance. (1) At the time of filing written acceptance of the franchise, the grantee shall file with the city clerk certificates of insurance for the following:

(a) A general comprehensive public liability insurance policy, indemnifying, defending and saving harmless the city, its officers, councils, commissioners, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the grantee under the franchise granted hereunder with a minimum of liability of three hundred thousand dollars ($300,000.00) for personal injury or death of any two or more persons in any one occurrence. Renewal certificates of such insurance shall be promptly forwarded to the city clerk as such renewals are made, and such insurance shall be constantly kept in force and effect during the term of this franchise.

(b) Property damage insurance indemnifying, defending and saving harmless the city, its officers, councils, commissions, agents, and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of a grantee under the franchise granted hereunder with a minimum liability of three hundred thousand dollars ($300,000) for property damage to any one person and five hundred thousand dollars ($500,000) for property damage to two or more persons in any one occurrence.

(2) Such insurance as provided for in this section shall be provided at the grantee's sole cost and expense and be kept in full force and effect by the

9-22

Change 1, April 10, 1994

grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the cable television system as defined in the franchise.

(3) All of the foregoing insurance contracts shall be issued and maintained by companies authorized to do business in the State of Tennessee and they shall require thirty (30) days written notice of any cancellation or reduction in coverage to both the city and the grantee herein. (Ord. #199, § 23, April 1995)

9-624. Filing and communications with regulatory agencies. The grantee shall maintain copies of all petitions, applications and communications, relative to any franchise granted pursuant to this chapter transmitted by the grantee to, or received by the grantee from all federal and state regulatory commissions or agencies having competent jurisdiction to regulate the operations of any cable television system authorized hereunder. Said copies shall be available for inspection by the city during regular business hours of the grantee. (Ord. #199, § 24, April 1995)

9-625. Reports. The grantee shall file annually with the city manager not later than four (4) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, a letter containing the amount of the gross revenues for the previous fiscal year certified by grantee's controller or chief financial officer. (Ord. #199, § 25, April 1995)

9-626. Franchise renewal. Upon completion of the term of any franchise granted pursuant to this chapter, the procedures for franchise renewals as established by the cable act will apply. (Ord. #199, § 26, April 1995)

9-627. Franchise required. It shall be unlawful for any person to construct, operate or maintain a cable television system in the city unless such person or the person for whom such action is being taken shall have first obtained and shall currently hold a valid franchise granted pursuant to this chapter. It shall also be unlawful for any person to provide cable television service in the city unless such person shall have first obtained and shall currently hold a valid franchise granted pursuant to the provisions of this chapter. All franchises granted by the city pursuant to this chapter shall contain the same substantive terms and conditions. (Ord. #199, § 27, April 1995)

9-628. Unauthorized connections or modifications. (1) It shall be unlawful for any person without the expressed consent of the grantee, to make any connection, extension, or division whether physically, acoustically,

9-23

Change 1, April 10, 1994

inductively, electronically, or otherwise with or to any segment of the cable television system for any purpose whatsoever.

(2) It shall be unlawful for any person to willfully interfere, tamper, remove, obstruct, or damage any part, segment, or content of a franchised cable television system for any purpose whatsoever.

(3) Any person found guilty of violating this section may be assessed a fine not to exceed five hundred dollars ($500.00) or sentenced to thirty (30) days in jail, or both. (Ord. #199, § 28, April 1995)

9-629. Notice. Whenever under the terms of the franchise either party shall be required or permitted to give notice to the other, such notice shall be in writing and if to be served on the city, it shall be delivered either by first class U.S. mail or by handing such notice to the city manager at the city municipal offices, and if to grantee, then by delivering by first class U.S. mail or by handing such notice to such officer at such address as grantee shall from time to time direct. The original name and address of the officer on behalf of grantee shall be included in grantee's acceptance of the franchise. (Ord. #199, § 29, April 1995)

9-630. Severability. If any section, sentence, clause or phrase of this chapter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remainder of this chapter, and any portions in conflict are hereby repealed. (Ord. #199, § 30, April 1995)

9-631. Captions. The captions to sections are inserted solely for convenience and shall not affect the meaning or interpretation of the chapter. (Ord. #199, § 31, April 1995)

10-1

TITLE 10

ANIMAL CONTROL

CHAPTER

1. IN GENERAL.

2. DOGS.

CHAPTER 1

IN GENERAL

SECTION

10-101. Running at large prohibited.

10-102. Keeping near a residence or business restricted.

10-103. Pen or enclosure to be kept clean.

10-104. Adequate food, water, and shelter, etc., to be provided.

10-105. Keeping in such manner as to become a nuisance prohibited.

10-106. Cruel treatment prohibited.

10-107. Seizure and disposition of animals.

10-108. Inspections of premises.

10-101. Running at large prohibited. It shall be unlawful for any person owning or being in charge of any cows, swine, sheep, horses, mules, goats, or any chickens, ducks, geese, turkeys, or other domestic fowl, cattle, or livestock, knowingly or negligently to permit any of them to run at large in any street, alley, or unenclosed lot within the corporate limits. (1972 Code, § 3-101)

10-102. Keeping near a residence or business restricted. No person shall keep any other animal or fowl enumerated in the preceding section within one thousand (1,000) feet of any residence, place of business, or public street without a permit from the health officer. The health 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. (1972 Code, § 3-102)

10-103. Pen or enclosure to be kept clean. When animals or fowls 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. (1972 Code, § 3-103)

10-104. Adequate food, water, and shelter, etc., to be provided. No animal or fowl shall be kept or confined in any place where the food, water,

10-2

shelter, and ventilation are not adequate and sufficient for the preservation of its health, safe condition, and wholesomeness for food if so intended. 

All feed shall be stored and kept in a rat-proof and fly-tight building, box, or receptacle. (1972 Code, § 3-104)

10-105. Keeping in such manner as to become a nuisance prohibited. No animal or fowl shall be kept in such a place or condition as to become a nuisance because of noise, odor, contagious disease, or other reason. (1972 Code, § 3-105)

10-106. Cruel treatment prohibited. It shall be unlawful for any person to unnecessarily beat or otherwise abuse or injure any dumb animal or fowl. (1972 Code, § 3-106)

10-107. Seizure and disposition of animals. Any animal or fowl found running at large or otherwise being kept in violation of this chapter may be seized by the health officer or by any police officer and confined in a pound provided or designated by the city council. If the owner is known he shall be given notice in person, by telephone, or by a postcard addressed to his last-known mailing address. If the owner is not known or cannot be located, a notice describing the impounded animal or fowl will be posted in at least three (3) public places within the corporate limits. In either case the notice shall state that the impounded animal or fowl must be claimed within five (5) days by paying the pound costs or the same will be humanely destroyed or sold. If not claimed by the owner, the animal or fowl shall be sold or humanely destroyed, or it may otherwise be disposed of as authorized by the city council. 

The pound keeper shall be entitled to collect from each person claiming an impounded animal or fowl reasonable fees, in accordance with a schedule approved by the city council, to cover the costs of impoundment and maintenance. (1972 Code, § 3-107)

10-108. Inspections of premises. For the purpose of making inspections to insure compliance with the provisions of this chapter, the health officer, or his authorized representative, shall be authorized to enter, at any reasonable time, any premises where he has reasonable cause to believe an animal or fowl is being kept in violation of this chapter. (1972 Code, § 3-108)

10-3

CHAPTER 2

DOGS

SECTION

10-201. Rabies vaccination and registration required.

10-202. Dogs to wear tags.

10-203. Running at large restricted.

10-204. Vicious dogs to be securely restrained.

10-205. Noisy dogs prohibited.

10-206. Confinement of dogs suspected of being rabid.

10-207. Seizure and disposition of dogs.

10-208. Running at large prohibited.

10-201. Rabies vaccination and registration required. It shall be unlawful for any person to own, keep, or harbor any dog or cat without having the same duly vaccinated against rabies and registered in accordance with the provisions of the "Tennessee Anti-Rabies Law" (Tennessee Code Annotated, §§ 68-8-101 through 68-8-114). (1972 Code, § 3-201)

10-202. Dogs to wear tags. It shall be unlawful for any person to own, keep, or harbor any dog which does not wear a tag evidencing the vaccination and registration required by the preceding section. (1972 Code, § 3-202)

10-203. Running at large restricted.1 It shall be unlawful for any person knowingly to permit any dog owned by him or under his control to run at large within the corporate limits in such manner as to create a nuisance. (1972 Code, § 3-203)

10-204. Vicious dogs to be securely restrained. It shall be unlawful for any person to own or keep any dog known to be vicious or dangerous unless such dog is so confined and/or otherwise securely restrained as to reasonably provide for the protection of other animals and persons. (1972 Code, § 3-204)

10-205. Noisy dogs prohibited. No person shall own, keep, or harbor any dog which, by loud and frequent barking, whining, or howling, annoys or disturbs the peace and quiet of any neighborhood. (1972 Code, § 3-205)

10-206. Confinement of dogs suspected of being rabid. If any dog has bitten any person or is suspected of having bitten any person or is for any reason

_______________________________________

1 State law reference

10-4

suspected of being infected with rabies, the health officer or chief of police may cause such dog to be confined or isolated for such time as he reasonably deems necessary to determine if such dog is rabid. (1972 Code, § 3-206)

10-207. Seizure and disposition of dogs. Any dog found running at large may be seized by the health officer or any police officer and placed in a pound provided or designated by the city council. If said dog is wearing a tag the owner shall be notified in person, by telephone, or by a postcard addressed to his last-known mailing address to appear within five (5) days and redeem his dog by paying a reasonable pound fee, in accordance with a schedule approved by the city council, or the dog will be humanely destroyed or sold. If said dog is not wearing a tag it shall be humanely destroyed or sold unless legally claimed by the owner within two (2) days. No dog shall be released in any event from the pound unless or until such dog has been vaccinated and had a tag placed on its collar. When, because of its viciousness or apparent infection with rabies, a dog found running at large cannot be safely impounded it may be summarily destroyed by the health officer or any policeman.1 (1972 Code, § 3-207)

10-208. Running at large prohibited. Upon seven (7) days' notice to the public and for periods of time set by the city council, all dogs, during those announced designated times, shall be under the total control of its owner(s) and/or keeper(s) at all times within the corporate limits of the city. Total control is: all dogs shall be secured to a leash that is also secured to a fixed immovable object; or behind a secure, well constructed fence that shall keep the dog(s) inside; or inside the owner(s) and/or keeper(s) home of record where he (they) habitually sleep or such other structure on the same property where the dog(s) shall not have the freedom to come and go as it pleases. When the dog(s) is taken out away from the owner(s) and/or keeper(s) property, it shall be led by a leash or the leash secured to a vehicle when moving about the city. Voice (command) control shall be total control providing the dog(s) is with the owner(s) or keeper(s) on their private property, occupied by the owner(s) or keeper(s). 

Any dog(s) found in violation of any sections of this chapter shall be seized by any health or police officer. The owner(s) and or keeper(s) shall be charged and the following penalties shall be imposed in addition to the applicable court costs, fees and penalties (re: § 3-108) plus any other applicable fees and damages to public/private properties that may be assessed: for violations within the period of one (1) year; thirty dollars ($30.00) for the first offense; forty dollars

________________________________________

1 State law reference

10-5

11-1

TITLE 11

MUNICIPAL OFFENSES 1

CHAPTER

1. ALCOHOL.

2. OFFENSES AGAINST THE PERSON.

3. OFFENSES AGAINST THE PEACE AND QUIET.

4. FIREARMS, WEAPONS AND MISSILES.

5. TRESPASSING AND INTERFERENCE WITH TRAFFIC.

6. OBSCENITY, MORALS.

7. INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL.

8. LOITERING, ETC.

9. MISCELLANEOUS.

CHAPTER 1

ALCOHOL 2

SECTION

11-101. Drinking beer, etc., on streets, etc.

11-102. Minors in beer places.

11-103. Violations and penalty.

11-101. Drinking beer, etc., on streets, etc. It shall be unlawful for any person to drink or consume, or have an open can or bottle of beer in or on any public street, alley, avenue, highway, sidewalk, public park, public school ground, or other public place unless inside a building on premises licensed for "on premise" beer consumption. (1972 Code, § 10-229)

________________________________________

1 Municipal code references

2 Municipal code reference

11-2

11-102. Minors in beer places. No minor under twenty-one (21) years of age shall loiter in or around, work in, or otherwise frequent any place where beer is sold at retail for consumption on the premises. (1972 Code, § 10-222, modified)

11-103. Violations and penalty. A violation of any provision of this chapter shall subject the offender to a penalty of up to one hundred dollars ($100) for each offense.

11-3

CHAPTER 2

OFFENSES AGAINST THE PERSON

SECTION

11-201. Assault and battery.

11-202. Coercing people not to work.

11-201. Assault and battery. It shall be unlawful for any person to commit an assault or an assault and battery. (1972 Code, § 10-201)

11-202. Coercing people not to work. It shall be unlawful for any person in association or agreement with any other person to assemble, congregate, or meet together in the vicinity of any premises where other persons are employed or reside for the purpose of inducing any such other person by threats, coercion, intimidation, or acts of violence to quit or refrain from entering a place of lawful employment. It is expressly not the purpose of this section to prohibit peaceful picketing. (1972 Code, § 10-231)

11-4

CHAPTER 3

OFFENSES AGAINST THE PEACE AND QUIET

SECTION

11-301. Disturbing the peace.

11-302. Anti-noise regulations.

11-303. Violations and penalty.

11-301. Disturbing the peace. 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. (1972 Code, § 10-202)

11-302. Anti-noise regulations. Subject to the provisions of this section, the creating of any unreasonably loud, disturbing, and unnecessary noise is prohibited. Noise of such character, intensity, or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare, is prohibited. 

(1) 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, truck, 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 persons 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, 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

11-5

quiet, comfort, or repose of any person 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, truck, 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 7:00 A.M. and 6:00 P.M. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector granted for a period while the emergency continues not to exceed thirty (30) days. If the building inspector 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 7:00 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 7:00 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.

11-6

(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. 

(m) Refrigerated trucks. The operation of internal combustion engines for the purpose of cooling refrigerated trucks parked in residential areas.

(2) 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 recorder. Hours for the use of an amplifier 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.  (1972 Code, § 10-234)

11-303. Violations and penalty. A violation of any provision of this chapter shall subject the offender to a penalty of up to one hundred dollars ($100) for each offense. 

11-7

CHAPTER 4

FIREARMS, WEAPONS AND MISSILES

SECTION

11-401. Air rifles, etc.

11-402. Throwing missiles.

11-403. Weapons and firearms generally.

11-401. Air rifles, etc. It shall be unlawful for any person in the city to discharge any air gun, air pistol, air rifle, "BB" gun, or sling shot capable of discharging a bullet or pellet, made of metal, plastic or any other kind of material, whether propelled by spring, compressed air, expanding gas, explosive, or other force-producing means or method. A violation of this section shall subject the offender to a penalty of up to seventy-five ($75) for each offense. (1972 Code, § 10-213, modified)

11-402. Throwing missiles. It shall be unlawful 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. A violation of this section shall subject the offender to a penalty of up to one hundred fifty dollars ($150) for each offense. (1972 Code, § 10-214, modified) 

11-403. Weapons and firearms generally. It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor,  dirk, knife, blackjack, brass knucks, pistol, revolver, or any other dangerous weapon or instrument except the army or navy pistol which shall be carried openly in the hand. However, the foregoing prohibition shall not apply to members of the United States Armed Forces carrying such weapons as are prescribed by applicable regulations nor to any officer or policeman engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibition shall not apply to persons who may have been summoned by such officer or policeman to assist in the discharge of his duties, nor to any conductor of any passenger or freight train of any steam railroad while he is on duty. It shall also be unlawful for any unauthorized person to discharge a firearm within the town. A violation of this section shall subject the offender to a penalty of up to two hundred fifty dollars ($250) for each offense. (1972 Code, § 10-212)

11-8

CHAPTER 5

TRESPASSING AND INTERFERENCE WITH TRAFFIC

SECTION

11-501. Trespassing.

11-502. Trespassing on trains.

11-503. Interference with traffic.

11-504. Violation and penalty.

11-501. Trespassing.1 (1) On premises open to the public. 

______________________________________

1 State law reference

11-9

to promptly leave the private premises of any person who requests or directs him to leave.1 (1972 Code, § 10-226, modified)

11-502. Trespassing on trains. It shall be unlawful for any person to climb, jump, step, stand upon, or cling to, or in any other way attach himself to any locomotive engine or railroad car unless he works for the railroad corporation and is acting in the scope of his employment or unless he is a lawful passenger or is otherwise lawfully entitled to be on such vehicle. (1972 Code, § 10-221)

11-503. Interference with traffic. It shall be 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. (1972 Code, § 10-233)

11-504. Violation and penalty. A violation of any provision of this chapter shall subject the offender to a penalty of up to one hundred dollars ($100) for each offense.

________________________________________

1 Municipal code reference

11-11

he loiter around or within view of any such window with the intent of watching or looking through it. (1972 Code, § 10-207)

11-606. Profanity, etc. No person shall use any profane, vulgar, or indecent language in or near any public street or other public place or in or around any place of business open to the use of the public in general. (1972 Code, § 10-208)

11-12

CHAPTER 7

INTERFERENCE WITH PUBLIC OPERATIONS AND PERSONNEL

SECTION

11-701. Escape from custody or confinement.

11-702. Resisting or interfering with an officer.

11-703. Impersonating a government officer or employee.

11-704. False emergency alarms.

11-701. Escape from custody or confinement. It shall be unlawful for any person under arrest or otherwise in custody of or confined by the town to escape or attempt to escape, or for any other person to assist or encourage such person to escape or attempt to escape from such custody or confinement. (1972 Code, § 10-209)

11-702. Resisting or interfering with an officer. It shall be unlawful for any person to knowingly resist or in any way interfere with or attempt to interfere with any officer or employee of the town while such officer or employee is performing or attempting to perform his municipal duties. (1972 Code, § 10-210)

11-703. Impersonating a government officer or employee. No person other than an official police officer of the town shall wear the uniform, apparel, or badge, or carry any identification card or other insignia of office like or similar to, or a colorable imitation of that adopted and worn or carried by the official police officers of the town. Furthermore no person shall deceitfully impersonate or represent that he is any government officer or employee. (1972 Code, § 10-211)

11-704. False emergency alarms. It shall be unlawful for any person to intentionally make, turn in, or give a false alarm of fire, or of need for police or ambulance assistance, or to aid or abet in the commission of such an act. (1972 Code, § 10-217)

11-13

CHAPTER 8

LOITERING, ETC.

SECTION

11-801. Loitering.

11-802. Prowling.

11-803. Vagrancy.

11-804. Wearing masks.

11-805. Curfew for minors.

11-801. Loitering. It shall be unlawful for any person without legitimate business or purpose to loaf, loiter, wander, or idle in, upon, or about any way or place customarily open to public use. (1972 Code, § 10-218)

11-802. Prowling. It shall be unlawful for any person to prowl or wander about the streets, alleys, or other public or private ways or places, or be found abroad at late or unusual hours in the night without any visible or lawful business and when unable to give a satisfactory account of himself. (1972 Code, § 10-219)

11-803. Vagrancy. It shall be unlawful for any person to beg or solicit alms or, if without apparent lawful means of support, to wilfully neglect to apply himself to some honest occupation. (1972 Code, § 10-220)

11-804. Wearing masks. It shall be unlawful for any person to appear on or in any public way or place while wearing any mask, device, or hood whereby any portion of the face is so hidden or covered as to conceal the identity of the wearer. The following are exempted from the provisions of this section:

(1) Children under the age of ten (10) years.

(2) Workers while engaged in work wherein a face covering is necessary for health and/or safety reasons.

(3) Persons wearing gas masks in civil defense drills and exercises or emergencies.

(4) Any person having a special permit issued by the city recorder to wear a traditional holiday costume. (1972 Code, § 10-230)

11-805. Curfew for minors. It shall be unlawful for any minor, under the age of eighteen (18) years, to be abroad at night between 11:00 p.m. and 5:00 a.m. unless going directly to or from a lawful activity or upon a legitimate errand for, or accompanied by, a parent, guardian, or other adult person having lawful custody of such minor. (1972 Code, § 10-224)

11-14

CHAPTER 9

MISCELLANEOUS

SECTION

11-901. Abandoned refrigerators, etc.

11-902. Caves, wells, cisterns, etc.

11-903. Posting notices, etc.

11-904. Fortune telling, etc.

11-905. Shoplifting.

11-906. Malicious mischief.

11-901. Abandoned refrigerators, etc. It shall be unlawful 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 latching or locking door without first removing therefrom the latch, lock, or door or otherwise sealing the door in such a manner that it cannot be opened by any child. A violation of this section shall subject the offender to a penalty of up to one hundred fifty dollars ($150) for each offense. (1972 Code, § 10-223, modified)

11-902. Caves, wells, cisterns, etc. It shall be unlawful 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. A violation of this section shall subject the offender to a penalty of up to one hundred fifty dollars ($150) for each offense. (1972 Code, § 10-232, modified)

11-903. Posting notices, etc. No person shall paint, make, or 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. A violation of this section shall subject the offender to a penalty of up to fifty dollars ($50) for each offense. Each posting of such unauthorized notice shall constitute a separate offense. (1972 Code, § 10-227, modified)

11-904. Fortune telling, etc. It shall be unlawful for any person to hold himself forth to the public as a fortune teller, clairvoyant, hypnotist, spiritualist, palmist, phrenologist, or other mystic endowed with supernatural powers. A violation of this section shall subject the offender to a penalty of up to seventy-five dollars ($75) for each offense. (1972 Code, § 10-235)

11-905. Shoplifting. It shall be unlawful for any person if with the intent to deprive a merchant of the price, he or she conceals the merchandise, removes or causes the removal of the merchandise, changes or removes a price sticker,

11-15

transfers the merchandise to another container, or causes the cash register to ring up a lesser price.

11-906. Malicious mischief. It shall be unlawful and deemed to be malicious mischief for any person to wilfully, maliciously, or wantonly damage, deface, destroy, conceal, tamper with, remove, or withhold real or personal property which does not belong to him. (1972 Code, § 10-225)

12-1

Change 2, January 13, 1997

TITLE 12

BUILDING, UTILITY, ETC. CODES

CHAPTER

1. BUILDING CODE.

2. PLUMBING CODE.

3. ELECTRICAL CODE.

4. GAS CODE.

5. HOUSING CODE.

6. DANGEROUS BUILDINGS.

7. FAIR HOUSING CODE.

CHAPTER 1

BUILDING CODE 1

SECTION

12-101. Building code adopted.

12-102. Modifications.

12-103. Available in recorder's office.

12-104. Violations.

12-105. Fee for supplying "codes compliance documents."

12-101. Building code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of regulating the construction, alteration, repair, use, occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenance connected or attached to any building or structure, the Standard Building Code 2 , current edition with revisions, as prepared and adopted by the Southern Building Code Congress International, Inc., is hereby adopted and incorporated by reference as a part of this code, and is hereinafter referred to as

_____________________________________

1 Municipal code references

2 Copies of this code (and any amendments) may be purchased from the Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213.

12-2

Change 2, January 13, 1997

the building code. (1972 Code, § 4-101, modified, as amended by Ord. #237, Oct. 1996)

12-103. Available in recorder's office. Pursuant to the requirements of the Tennessee Code Annotated, § 6-54-502, one (1) copy of the building code has been placed on file in the recorder's office and shall be kept there for the use and inspection of the public. (1972 Code, § 4-103, modified)

12-104. Violations. It shall be unlawful for any person to violate or fail to comply with any provision of the building code as herein adopted by reference and modified. (1972 Code, § 4-104)

Cross connections: title 18.

Street excavations: title 16.

Wastewater treatment: title 18.

Water and sewer system administration: title 18.

Fire protection, fireworks and explosives: title 7.

Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

Southern Building Code Congress International, Inc., 900 Montclair Road,

Birmingham, Alabama 35213.

Southern Building Code Congress International, Inc., 900 Montclair Road,

Birmingham, Alabama 35213.

Animal control: title 10.

Littering streets, etc.: § 16-107.

Toilet facilities in beer places: § 8-212(12).

The provisions of this section were taken substantially from the Bristol

ordinance upheld by the Tennessee Court of Appeals as being a

reasonable and valid exercise of the police power in the case of

Hagaman v. Slaughter, 49 Tenn. App. 338, 354 S.W.2d 818 (1961).

Tennessee Code Annotated, title 13, chapter 21.