Decherd Municipal Codes
This HTML document is currently being edited to reflect changes through August 9, 2004. Please refer to date to of revision to assure information is most current.
PLEASE BE PATIENT DURING DOWNLOAD, IT MAY TAKE A FEW MINUTES, THERE ARE 1000 PAGES
LINK INDEX
THE DECHERD MUNICIPAL CODE
Prepared by the
MUNICIPAL TECHNICAL ADVISORY SERVICE
INSTITUTE FOR PUBLIC SERVICE
THE UNIVERSITY OF TENNESSEE
in cooperation with the
TENNESSEE MUNICIPAL LEAGUE
July 1993
LINK INDEX FOR DECHERD MUNICIPAL CODES
Change 5, August 9, 2004
CITY OF DECHERD, TENNESSEE
MAYOR
Betty Don Henshaw
VICE MAYOR
Russell Don Cofer
ALDERMEN
Scott Moore
Jimmy Wayne Sanders
Mark Conn
CITY Administor
Shawna Brockman
ii
Change 5, August 9, 2004
PREFACE
The Decherd Municipal Code contains the codification and revision of the ordinances of the City of Decherd, Tennessee. By referring to the historical citation appearing at the end of each section, the user can determine the origin of each particular section. The absence of a historical citation means that the section was added by the codifier. The word "modified" in the historical citation indicates significant modification of the original ordinance.
The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section 2-106.
By utilizing the table of contents and the analysis preceding each title and chapter of the code, together with the cross references and explanations included as footnotes, the user should locate all the provisions in the code relating to any question that might arise. However, the user should note that most of the administrative ordinances (e.g. Annual Budget, Zoning Map Amendments, Tax Assessments, etc...) do not appear in the code. Likewise, ordinances that have been passed since the last update of the code do not appear here. Therefore, the user should refer to the city's ordinance book or the city recorder for a comprehensive and up to date review of the city's ordinances.
Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the city's charter.
The code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date. MTAS will provide updating service under the following conditions:
(1) That all ordinances relating to subjects treated in the code or which should be added to the code are adopted as amending, adding, or deleting specific chapters or sections of the code (see section 8 of the adopting ordinance).
(2) That one copy of every ordinance adopted by the city is kept in a separate ordinance book and forwarded to MTAS annually.
iii
Change 5, August 9, 2004
(3) That the city agrees to reimburse MTAS for the actual costs of reproducing replacement pages for the code (no charge is made for the consultant's work, and reproduction costs are usually nominal).
When the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such ordinances. This service will be performed at least annually and more often if justified by the volume of amendments. Replacement pages will be supplied with detailed instructions for utilizing them so as again to make the code complete and up to date.
The able assistance of Bobbie J. Sams, the MTAS Word Processing Specialist who did all the typing on this project, and Tracy Gardner, Administrative Services Assistant, is gratefully acknowledged.
Steve Lobertini
Codification Specialist
iv
Change 5, August 9, 2004
ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE
CITY CHARTER 1
___________________________
1 The Decherd City Charter contains no provisions prescribing ordinance adoption procedures. However, code § 1-104 requires ordinances to be introduced in written form and passed by the city council on three (3) different days.
v
1-1
TITLE 1
GENERAL ADMINISTRATION 1
CHAPTER
1. CITY COUNCIL.
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
See the charter index, the charter itself, and footnote references to the charter in the front of this code.
Municipal code references
Building, plumbing, electrical and gas inspectors: title 12.
Fire department: title 7.
Utilities: titles 18 and 19.
Wastewater treatment: title 18.
Zoning: title 14.
2 Charter references
Appropriations of moneys: § 15.
Composition: § 3.
Compensation: § 3.
Qualifications: § 3.
Quorum: § 9.
Powers: § 5.
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
Bond: § 12.
Duties: § 10.
Term of office: § 6.
Veto powers: § 10.
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.
(d) Must be willing to submit and pass a psychological evaluation administered by a registered/licensed psychologist, to be required at the city council's discretion.
(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
For authority to issue warrants, see Tennessee Code Annotated, title 40, chapter 6.
2 Municipal code references
Issuance of citations in lieu of arrest by public officer in traffic cases: title 15, chapter 7.
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)
3-106. Issuance of subpoenas. The city judge may subpoena as witnesses all persons whose testimony he believes will be relevant and material to matters coming before his court, and it shall be unlawful for any person lawfully served with such a subpoena to fail or neglect to comply therewith. (1972 Code, § 1-505)
3-107. Trial and disposition of cases. Every person charged with violating a municipal ordinance shall be entitled to an immediate trial and disposition of his case, provided the city court is in session or the city judge is reasonably available. However, the provisions of this section shall not apply when the alleged offender, by reason of drunkenness or other incapacity, is not in a proper condition or is not able to appear before the court. (1972 Code, § 1-506)
3-108. Appearance bonds authorized. When the city judge is not available or when an alleged offender requests and has reasonable grounds for a delay in the trial of his case, he may, in lieu of remaining in jail pending disposition of his case, be allowed to post an appearance bond with the city judge or, in the absence of the judge, with the ranking police officer on duty at the time, provided such alleged offender is not drunk or otherwise in need of protective custody. (1972 Code, § 1-507)
3-109. Imposition of fines, fees, penalties and court costs. All fines, fees, penalties and court costs shall be imposed and recorded by the city judge on the city court docket in open court. In all cases heard and adjudged by the city judge the following list shall be used to determine those fines, penalties and court costs:
3-4
VIOLATION |
1st Offense |
2nd Offense |
3rd Offense |
State Fee |
Court Cost |
OPEN BEER/LIQUOR IN PUBLIC |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
LEASH LAW |
30.00 |
40.00 |
50.00 |
13.75 |
89.75 |
LIGHT LAW |
10.00 |
30.00 |
50.00 |
13.75 |
89.75 |
LITTERING HIGHWAY |
25.00 |
50.00 |
75.00 |
13.75 |
89.75 |
LOITERING/BLOCK ROAD/SIDEWALKS |
35.00 |
50.00 |
75.00 |
13.75 |
89.75 |
INDECENT EXPOSURE |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
OBSCENE LITERATURE |
30.00 |
50.00 |
75.00 |
13.75 |
89.75 |
NOISE ORDINANCE |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
IMPERSONATION OF OFFICER/EMPLOYEE |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
ESCAPE FROM CUSTODY |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
FALSE EMER. ALARM |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
FIRING AIR/GAS OPERATED OR EXPLOSIVE WEAPONS |
75.00 |
75.00 |
75.00 |
13.75 |
89.75 |
FORTUNE TELLING |
75.00 |
75.00 |
75.00 |
13.75 |
89.75 |
REGISTRATION LAW |
25.00 |
50.00 |
75.00 |
13.75 |
89.75 |
DISORDERLY CONDUCT |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
CHILD RESTRAINT LAW |
30.00 |
40.00 |
50.00 |
13.75 |
89.75 |
CONTEMPT OF COURT |
10.00 |
10.00 |
10.00 |
13.75 |
89.75 |
3-5
VIOLATION |
1st Offense |
2nd Offense |
3rd Offense |
State Fee |
Court Costs |
COMPLAINT DROP CHARGES/COMPLAINT |
|
|
|
|
89.75 |
IMPROPER PASSING OR TURNS/ROADWAY |
25.00 |
50.00 |
75.00 |
13.75 |
89.75 |
DRIVING ON WRONG SIDE OF ROADWAY |
25.00 |
50.00 |
75.00 |
13.75 |
89.75 |
FAILURE TO STOP FOR BLUES/EMER. VEHICLES |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
DISTURBING PEACE |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
ASSAULT & BATTERY |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
CARRYING WEAPON WITH INTENT TO GO ARMED |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
DRIVING MOTORCYCLE WITH NO HELMET |
30.00 |
40.00 |
50.00 |
13.75 |
89.75 |
ILLEGAL PARKING |
15.00 |
30.00 |
50.00 |
13.75 |
89.75 |
DRIVERS LICENSE (NO DL'S-EXPIRED) |
40.00 |
75.00 |
100.00 |
13.75 |
89.75 |
IMPROPER EXHAUST |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
PURSE SNATCHING |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
PROWLING |
50.00 |
100.00 |
200.00 |
13.75 |
89.75 |
3-6
VIOLATION |
1st Offense |
2nd Offense |
3rd Offense |
State Fee |
Court Costs |
SHOP LIFTING |
250.00 |
400.00 |
500.00 |
13.75 |
89.75 |
RESISTING ARREST/INTERFERING WITH OFFICER |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
RUNNING STOP SIGN/LIGHT |
30.00 |
40.00 |
50.00 |
13.75 |
89.75 |
SPEEDING |
$2.00 per mile over limit $15.00 minimum |
$2.00 per mile over limit $15.00 minimum |
$2.00 per mile over limit $15.00 minimum |
13.75 |
89.75 |
CLINGING TO VEHICLE IN MOTION |
30.00 |
50.00 |
75.00 |
13.75 |
89.75 |
PASSING SCHOOL BUS |
50.00 |
50.00 |
50.00 |
13.75 |
89.75 |
SPEEDING IN SCHOOL ZONE |
50.00 |
50.00 |
50.00 |
13.75 |
89.75 |
BUMPER LAW |
25.00 |
50.00 |
75.00 |
13.75 |
89.75 |
DRIVING THROUGH FUNERAL |
30.00 |
50.00 |
50.00 |
13.75 |
89.75 |
PROJECTIONS FROM VEHICLES NOT MARKED |
150.00 |
150.00 |
150.00 |
13.75 |
89.75 |
ABANDONED REFRIGERATORS DOORS LEFT ON (UNSECURED) |
150.00 |
150.00 |
150.00 |
13.75 |
89.75 |
COERCING PEOPLE NOT TO WORK |
30.00 |
50.00 |
75.00 |
13.75 |
89.75 |
CAVES, WELLS, CISTERNS WITHOUT SAFEGUARDS |
150.00 |
150.00 |
150.00 |
13.75 |
89.75 |
3-7
Violation |
1st Offense |
2nd Offense |
3rd Offense |
State Fee |
Court Costs |
ALCOHOLIC BEVERAGES VIOLATIONS SEE TITLE 8, CHAPTER 1 & 2 |
100.00 Board to Review License For Possible Revocation |
200.00 Board to Review License For Possible Revocation |
300.00 Board to Review License For Possible Revocation |
13.75 |
89.75 |
BEER SALES-SUNDAY MORNING/AFTER HOURS |
100.00 |
200.00 Board to Review License For Possible Revocation |
300.00 Board to Review License For Possible Revocation |
13.75 |
89.75 |
IMMORAL CONDUCT |
50.00 |
100.00 |
200.00 |
13.75 |
89.75 |
INTERFERENCE W/TRAFFIC |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
MALICIOUS MISCHIEF |
50.00 |
100.00 |
200.00 |
13.75 |
89.75 |
MINORS IN BEER PLACES OWNERS |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
POSTING NOTICES |
50.00 |
50.00 |
50.00 |
13.75 |
89.75 |
PROFANITY |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
SHOOTING FIRECRACKERS |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
SOLICITING/PEDDLING WITHOUT LICENSE |
25.00 Must Buy License |
50.00 Must Buy License |
100.00 Must Buy License |
13.75 |
89.75 |
3-8
Violation |
1st Offense |
2nd Offense |
3rd Offense |
State Fee |
Court Costs |
TAMPERING WITH WATER LINES/CITY EQUIPMENT |
100.00 |
200.00 |
300.00 |
13.75 |
89.75 |
THROWING MISSILES |
150.00 |
150.00 |
150.00 |
13.75 |
89.75 |
TRESPASSING AND/OR ON TRAINS ALSO |
100.00 |
100.00 |
100.00 |
13.75 |
89.75 |
WEARING MASKS |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
WINDOW PEEPING |
50.00 |
75.00 |
100.00 |
13.75 |
89.75 |
DISCHARGE OF FIREARMS |
250.00 |
250.00 |
250.00 |
13.75 |
89.75 |
ALL OTHER MISDEMEANORS/ORDINANCE VIOLATIONS NOT STATED |
PENALTY OF UP TO $250.00 FOR EACH OFFENSE |
|
(1972 Code, § 1-508, modified)
3-9
3-110. Appeals. Any defendant who is dissatisfied with any judgment of the city court against him may, within ten (10) entire days next after such judgment is rendered, appeal to the next term of the circuit court upon posting a proper appeal bond.1 (1972 Code, § 1-509)
3-111. Bond amounts, conditions, and forms. An appearance bond in any case before the city court shall be in such amount as the city judge shall prescribe and shall be conditioned that the defendant shall appear for trial before the city at the stated time and place. An appeal bond in any case shall be in the sum of two hundred and fifty dollars ($250.00) and shall be conditioned that if the circuit court shall find against the appellant the fine or penalty and all costs of the trial and appeal shall be promptly paid by the defendant and/or his sureties. An appearance or appeal bond in any case may be made in the form of a cash deposit or by any corporate surety company authorized to do business in Tennessee or by two (2) private persons who individually own real property located within the county. No other type bond shall be acceptable. (1972 Code, § 1-510)
3-112. Disposition and report of fines, penalties and costs. All funds coming into the hands of the city judge in the form of fines, penalties, costs, and forfeitures shall be recorded by him and paid over daily to the city. At the end of each month he shall submit to the city council a report accounting for the collection or non-collection of all fines, penalties, and costs imposed by his court during the current month and to date for the current fiscal year. (1972 Code, § 1-511)
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)
4-204. Sick leave. The following policy is applicable to all permanent municipal employees, with the exception of contract personnel. Sick leave shall not be considered a right which an employee may use at his/her discretion, but rather as a privilege. Employees are encouraged to take sick leave according to sick leave requirements, but at the same time are cautioned against abuse of the sick leave privilege. Each employee should attempt to build as much sick leave as possible as a buffer against unexpected emergencies.
(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
Tennessee Code Annotated § 8-33-109
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
(3) Arrangements will be made for the person to be seen by a physician as with any job-related injury. Once an exposure has occurred, a blood sample should be drawn after consent is obtained from the individual from whom exposure occurred and tested for Hepatitis B surface antigen (HBsAg) and/or antibody to human immunodeficiency virus (HIV antibody). Testing of the source individual should be done at a location where appropriate pretest counseling is available. Post-test counseling and referral for treatment should also be provided. (Ord. #166, July 1992)
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.
(3) Prescription medication. Likewise, the use of prescription medication (beyond a single dose for minor injury or discomfort) is considered medical treatment. Since these types of treatment are considered necessary, and must be administered by physician or licensed medical personnel, such injuries cannot be considered minor and must be reported.
(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
Tennessee Code Annotated, §§ 67-1-701, 67-1-702 and 67-1-801, read together, permit a municipality to collect its own property taxes if its charter authorizes it to do so, or to turn over the collection of its property taxes to the county trustee. Apparently, under those same provisions, if a municipality collects its own property taxes, tax due and delinquency dates are as prescribed by the charter; if the county trustee collects them, the tax due date is the first Monday in October, and the delinquency date is the following March 1.
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
Tennessee Code Annotated, § 67-5-2010(b) provides that if the county trustee collects the municipality's property taxes, a penalty of 1/2 of 1% and interest of 1% shall be added on the first day of March, following the tax due date and on the first day of each succeeding month.
2 Charter and state law references
A municipality has the option of collecting delinquent property taxes any one of three ways:
(1) Under the provisions of its charter for the collection of delinquent property taxes.
(2 ) Under Tennessee Code Annotated, §§ 6-55-201--6-55-206.
(3) By the county trustee under Tennessee Code Annotated, § 67-5-2005.
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
For privilege tax provisions for on premises consumption of alcoholic beverages and the recorder's responsibility see title 8, chapter 3.
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
Issuance of citations in lieu of arrest in traffic cases: title 15, chapter 7.
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)
6-107. Deposit of license in lieu of bail. (1) Deposit allowed. Whenever any person lawfully possessing a chauffeur's or operator's license theretofore issued to him by the Tennessee Department of Safety, or under the driver licensing laws of any other state or territory or the District of Columbia, is issued a citation or arrested and charged with the violation of any city ordinance or state statute regulating traffic, except those ordinances and statutes, the violation of which call for the mandatory revocation of a operator's or chauffeur's license for any period of time, such person shall have the option of depositing his chauffeur's or operator's license with the officer or court demanding bail in lieu of any other security required for his appearance in the city court of this city in answer to such charge before said court.
(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
Issuance of citations in lieu of arrest in traffic cases: title 15, chapter 7.
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
Mutual aid agreements: title 20.
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
Building, utility and housing codes: title 12.
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
Building, utility and housing codes: title 12.
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
Special privileges with respect to traffic: title 15, chapter 2.
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
Mutual aid agreements: title 20.
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
Tennessee Code Annotated, title 57.
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
For a leading case on a municipality's authority to regulate beer, see the Tennessee Supreme Court decision in Watkins v. Naifeh, 635 S.W.2d 104 (1982).
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
Building, plumbing, wiring and housing regulations: title 12.
Junkyards: title 13.
Liquor and beer regulations: title 8.
Noise reductions: title 11.
Zoning: title 14.
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
Privilege taxes: title 5.
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
Privilege taxes: title 5.
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
see the Ordinance dated December 20, 1965 in the office of the city recorder.
9-10
Change 1, April 10, 1994
CHAPTER 6
CABLE TELEVISION FRANCHISE ORDINANCE
SECTION
9-601. Purpose.
9-602. Definitions.
9-603. Acceptance: effective date.
9-604. Term of franchise.
9-605. Revocation of franchise and other penalties.
9-606. Transfer of cable television system.
9-607. Authority granted by the franchise.
9-608. Franchise fee.
9-609. Limitations of franchise.
9-610. Additional city rights in franchise.
9-611. Service area.
9-612. Time for providing service.
9-613. Condition of use of streets.
9-614. System design and channel capacity.
9-615. Interconnection.
9-616. Service to government buildings.
9-617. Parental control devices.
9-618. Construction standards.
9-619. Operational standards and performance monitoring.
9-620. Rates and charges.
9-621. Rights of individuals.
9-622. Liability and indemnification.
9-623. Insurance.
9-624. Filing and communications with regulatory agencies.
9-625. Reports.
9-626. Franchise renewal.
9-627. Franchise required.
9-628. Unauthorized connections or modifications.
9-629. Notice.
9-630. Severability.
9-631. Captions.
9-601. Purpose. The City of Decherd finds that the continued development of cable communication has the potential of having great benefit and impact upon the citizens of city, because of the complex and rapidly changing technology associated with cable communications, the city further finds that the public convenience, safety and general welfare can best be served by establishing and maintaining regulatory powers which should be vested in the city or such city officials as the city shall designate. It is the intent of this
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
Tennessee Code Annotated, §§ 68-8-108 and 68-8-109.
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
For a Tennessee Supreme Court case upholding the summary
destruction of dogs pursuant to appropriate legislation, see Darnell v.
Shapard, 156 Tenn. 544, 3 S.W.2d 661 (1928).
10-5
($40.00) for the second offense; fifty dollars ($50.00) for the third offense plus the court may order the humane destruction of the dog(s) or cause it (them) to be impounded for resale to another owner. Should there be a "dog bite victim" the penalties shall be: fifty dollars ($50.00) fine and fifty dollars ($50.00) court costs plus all applicable fees. The court costs, when collected in a dog bite case, shall be receipted to the victim to assist in the costs of medical treatment. The dog shall be humanely destroyed by the city police department and or the county health officer when declared vicious by the order of the judge of the circuit court. (TCA 44-17-120). (1972 Code, § 3-208)
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
Animal control: title 10.
Housing and utilities: title 12.
Traffic offenses: title 15.
Streets and sidewalks (non-traffic): title 16.
2 Municipal code reference
Sale of alcoholic beverages, including beer: title 8.
State law reference
See Tennessee Code Annotated § 33-8-203 (Arrest for Public
Intoxication, cities may not pass separate legislation).
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.
(a) It shall be unlawful for any person to defy a lawful order, personally communicated to him by the owner or other authorized person, not to enter or remain upon the premises of another, including premises which are at the time open to the public.
(b) The owner of the premises, or his authorized agent, may lawfully order another not to enter or remain upon the premises if such person is committing, or commits, any act which interferes with, or tends to interfere with, the normal, orderly, peaceful or efficient conduct of the activities of such premises.
(2) On premises closed or partially closed to public. It shall be unlawful for any person to knowingly enter or remain upon the premises of another which is not open to the public, notwithstanding that another part of the premises is at the time open to the public.
(3) Vacant buildings. It shall be unlawful for any person to enter or remain upon the premises of a vacated building after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
(4) Lots and buildings in general. It shall be unlawful for any person to enter or remain on or in any lot or parcel of land or any building or other structure after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
(5) Peddlers, etc. It shall also be unlawful and deemed to be a trespass for any peddler, canvasser, solicitor, transient merchant, or other person to fail
______________________________________
1 State law reference
Subsections (1) through (4) of this section were taken substantially
from Tennessee Code Annotated, § 39-14-405.
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
Provisions governing peddlers: title 9, chapter 1.
11-10
CHAPTER 6
OBSCENITY, MORALS
SECTION
11-601. Disorderly houses.
11-602. Immoral conduct.
11-603. Obscene literature, etc.
11-604. Indecent or improper exposure or dress.
11-605. Window peeping.
11-606. Profanity, etc.
11-601. Disorderly houses. It shall be unlawful for any person to keep a disorderly house or house of ill fame for the purpose of prostitution or lewdness or where drunkenness, quarrelling, fighting, or other breaches of the peace are carried on or permitted to the disturbance of others. Furthermore, it shall be unlawful for any person to knowingly visit any such house. (1972 Code, § 10-203)
11-602. Immoral conduct. No person shall commit, offer, or agree to commit, nor shall any person secure or offer another for the purpose of committing, a lewd or adulterous act or an act of prostitution or moral perversion; nor shall any person knowingly transport or direct or offer to transport or direct any person to any place or building for the purpose of committing any lewd act or act of prostitution or moral perversion; nor shall any person knowingly receive, or offer or agree to receive any person into any place or building for the purpose of performing a lewd act, or an act of prostitution or moral perversion, or knowingly permit any person to remain in anyplace or building for any such purpose. (1972 Code, § 10-204)
11-603. Obscene literature, etc. It shall be unlawful for any person to publish, sell, exhibit, distribute, or possess for the purpose of loaning, selling, or otherwise circulating or exhibiting, any book, pamphlet, ballad, movie film, filmstrip, phonograph record, or other written, printed, or filmed matter containing obscene language, prints, pictures, or descriptions manifestly intended to corrupt the morals. (1972 Code, § 10-205)
11-604. Indecent or improper exposure or dress. It shall be unlawful for any person to publicly appear naked or in any dress not appropriate to his or her sex, or in any indecent or lewd dress, or to otherwise make any indecent exposure of his or her person. (1972 Code, § 10-206)
11-605. Window peeping. No person shall spy, peer, or peep into any window of any residence or dwelling premise that he does not occupy nor shall
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
Fire protection, fireworks, and explosives: title 7.
Planning and zoning: title 14.
Streets and other public ways and places: title 16.
Utilities and services: titles 18 and 19.
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)
12-102. Modifications. Whenever the building code refers to the "Chief Appointing Authority" or the "Chief Administrator," it shall be deemed to be a reference to the city council. When the "Building Official" or "Director of Public Works" is named it shall, for the purposes of the building code, mean such person as the city council shall have appointed or designated to administer and enforce the provisions of the building code. The schedule of permit fees are set forth in the standard building code manual. No building permit shall be issued for new construction until the applicant shall establish that he has arranged for water and sewer taps to be made promptly upon completion. (1972 Code, § 4-102, 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)
12-105. Fee for supplying "codes compliance documents." When the recorder is requested to provide a "codes compliance document" to realty companies, real estate agents, brokers, or similar businesses or persons involved in the business of buying and selling buildings of all types; said services in providing a "codes compliance document" will be compensated for by a fee of fifteen dollars ($15.00) and shall be paid to the city recorder. (Codes compliance documents are identified as: a letter stating a structure does or does not meet the minimum standards of the building/fire prevention/plumbing/electrical/housing codes and such other requirements noted within the Decherd Municipal Code). (1972 Code, § 4-105, as amended by Ord. #237, Oct. 1996)
12-3
Change 2, January 13, 1997
CHAPTER 2
PLUMBING CODE 1
SECTION
12-201. Plumbing code adopted.
12-202. Modifications.
12-203. Available in recorder's office.
12-204. Violations.
12-201. Plumbing code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506 and for the purpose of regulating plumbing installations, including alterations, repairs, equipment, appliances, fixtures, fittings, and the appurtenances thereto, within or without the City of Decherd, when such plumbing is or is to be connected with the municipal water or sewerage system, the Standard Plumbing Code,2 current editions 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 the plumbing code. (1972 Code, § 4-201, modified, as amended by Ord. #237, Oct. 1996)
12-202. Modifications. Wherever the plumbing code refers to the "Chief Appointing Authority," the "Administrative Authority," or the "Governing Authority," it shall be deemed to be a reference to the city council. Wherever "City Engineer," "Engineering Department," "Plumbing Official," or "Inspector" is named or referred to, it shall mean the person appointed or designated by the city council to administer and enforce the provisions of the plumbing code. (1972 Code, § 4-202, as amended by Ord. #237, Oct. 1996)
12-203. Available in recorder's office. Pursuant to the requirements of Tennessee Code Annotated, § 6-54-502, one (1) copy of the plumbing code has
____________________________________
1 Municipal code references
Cross connections: title 18.
Street excavations: title 16.
Wastewater treatment: title 18.
Water and sewer system administration: title 18.
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.
12-4
Change 2, January 13, 1997
been placed on file in the recorder's office and shall be kept there for the use and inspection of the public. (1972 Code, § 4-203, modified)
12-204. Violations. It shall be unlawful for any person to violate or fail to comply with any provision of the plumbing code as herein adopted by reference. (1972 Code, § 4-204, as amended by Ord. #237, Oct. 1996)
12-5
CHAPTER 3
ELECTRICAL CODE 1
SECTION
12-301. Electrical code adopted.
12-302. Available in recorder's office.
12-303. Permit required for doing electrical work.
12-304. Violations.
12-305. Enforcement.
12-306. Fees.
12-301. Electrical code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506 and for the purpose of providing practical minimum standards for the safeguarding of persons and of buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio, signaling, or for other purposes, the National Electrical Code,2 1993 edition, as prepared by the National Fire Protection Association, is hereby adopted and incorporated by reference as a part of this code and is hereinafter referred to as the electrical code. (1972 Code, § 4-301, modified)
12-302. Available in recorder's office. Pursuant to the requirements of Tennessee Code Annotated, § 6-54-502, one (1) copy of the electrical 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, § 4-302, modified)
12-303. Permit required for doing electrical work. No electrical work shall be done within the City of Decherd until a permit therefor has been issued by the city. The term "electrical work" shall not be deemed to include minor repairs that do not involve the installation of new wire, conduits, machinery, apparatus, or other electrical devices generally requiring the services of an electrician. (1972 Code, § 4-303)
12-304. Violations. It shall be unlawful for any person to do or authorize any electrical work or to use any electricity in such manner or under such
_________________________________________
1 Municipal code references
Fire protection, fireworks and explosives: title 7.
2 Copies of this code may be purchased from the National Fire Protection
Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.
12-6
circumstances as not to comply with this chapter and/or the requirements and standards prescribed by the electrical code. (1972 Code, § 4-304)
12-305. Enforcement. The electrical inspector shall be such person as the city council shall appoint or designate. It shall be his duty to enforce compliance with this chapter and the electrical code as herein adopted by reference. He is authorized and directed to make such inspections of electrical equipment and wiring, etc., as are necessary to insure compliance with the applicable regulations, and may enter any premises or building at any reasonable time for the purpose of discharging his duties. He is authorized to refuse or discontinue electrical service to any person or place not complying with this chapter and/or the electrical code. (1972 Code, § 4-305)
12-306. Fees. The electrical inspector shall collect the same fees as are authorized in Tennessee Code Annotated, § 68-17-143 for electrical inspections by deputy inspectors of the state fire marshal. (1972 Code, § 4-306)
12-7
CHAPTER 4
GAS CODE 1
SECTION
12-401. Title and definitions.
12-402. Purpose and scope.
12-403. Use of existing piping and appliances.
12-404. Bond and license.
12-405. Gas inspector and assistants.
12-406. Powers and duties of inspector.
12-407. Permits.
12-408. Inspections.
12-409. Certificates.
12-410. Fees.
12-411. Violations and penalties.
12-412. Nonliability.
12-401. Title and definitions. This chapter and the code herein adopted by reference shall be known as the gas code of the city and may be cited as such.
The following definitions are provided for the purpose of interpretation and administration of the gas code.
(1) "Inspector" means the person appointed as inspector, and shall include each assistant inspector, if any, from time to time acting as such under this chapter by appointment of the city council.
(2) "Person" means any individual, partnership, firm, corporation, or any other organized group of individuals.
(3) "Gas company" means any person distributing gas within the corporate limits or authorized and proposing to so engage.
(4) "Certificate of approval" means a document or tag issued and/or attached by the inspector to the inspected material, piping, or appliance installation, filled out, together with date, address of the premises, and signed by the inspector.
(5) "Certain appliances" means conversion burners, floor furnaces, central heating plants, vented wall furnaces, water heaters, and boilers. (1972 Code, § 4-401)
12-402. Purpose and scope. The purpose of the gas code is to provide minimum standards, provisions, and requirements for safe installation of consumer's gas piping and gas appliances. All gas piping and gas appliances
_________________________________________
Municipal code reference
Gas system administration: title 19, chapter 1.
12-8
installed, replaced, maintained, or repaired within the corporate limits shall conform to the requirements of this chapter and to the Standard Gas Code,1 1991 edition with 1992 and 1992-93 revisions, which is hereby incorporated by reference and made a part of this chapter as if fully set forth herein. One (1) copy of the gas code shall be kept on file in the office of the city recorder for the use and inspection of the public. (1972 Code, § 4-402, modified)
12-403. Use of existing piping and appliances. Notwithstanding any provision in the gas code to the contrary, consumer's piping installed prior to the adoption of the gas code or piping installed to supply other than natural gas may be converted to natural gas if the inspector finds, upon inspection and proper tests, that such piping will render reasonably satisfactory gas service to the consumer and will not in any way endanger life or property; otherwise, such piping shall be altered or replaced, in whole or in part, to conform with the requirements of the gas code. (1972 Code, § 4-403)
12-404. Bond and license. (1) No person shall engage in or work at the installation, extension, or alteration of consumer's gas piping or certain gas appliances, until such person shall have secured a license as hereinafter provided, and shall have executed and delivered to the city recorder a good and sufficient bond in the penal sum of $10,000, with corporate surety, conditioned for the faithful performance of all such work, entered upon or contracted for, in strict accordance and compliance with the provisions of the gas code. The bond herein required shall expire on the first day of January next following its approval by the city recorder, and thereafter on the first day of January of each year a new bond, in form and substance as herein required, shall be given by such person to cover all such work as shall be done during such year.
(2) Upon approval of said bond, the person desiring to do such work shall secure from the city recorder a non-transferable license which shall run until the first day of January next succeeding its issuance, unless sooner revoked. The person obtaining a license shall pay any applicable license fees to the city recorder.
(3) Nothing herein contained shall be construed as prohibiting an individual from installing or repairing his own appliances or installing, extending, replacing, altering, or repairing consumer's piping on his own premises, or as requiring a license or a bond from an individual doing such work on his own premises; provided, however, all such work must be done in conformity with all other provisions of the gas code, including those relating to
__________________________________________
1 Copies of this code (and any amendments) may be purchased from the
Southern Building Code Congress International, Inc., 900 Montclair Road,
Birmingham, Alabama 35213.
12-9
12-405. Gas inspector and assistants. To provide for the administration and enforcement of the gas code, the office of gas inspector is hereby created. The inspector, and such assistants as may be necessary in the proper performance of the duties of the office, shall be appointed or designated by the city council. (1972 Code, § 4-405)
12-406. Powers and duties of inspector. (1) The inspector is authorized and directed to enforce all of the provisions of the gas code. Upon presentation of proper credentials, he may enter any building or premises at reasonable times for the purpose of making inspections or preventing violations of the gas code.
(2) The inspector is authorized to disconnect any gas piping or fixture or appliance for which a certificate of approval is required but has not been issued with respect to same, or which, upon inspection, shall be found defective or in such condition as to endanger life or property. In all cases where such a disconnection is made, a notice shall be attached to the piping, fixture, or appliance disconnected by the inspector, which notice shall state that the same has been disconnected by the inspector, together with the reason or reasons therefor, and it shall be unlawful for any person to remove said notice or reconnect said gas piping or fixture or appliance without authorization by the inspector and such gas piping or fixture or appliance shall not be put in service or used until the inspector has attached his certificate of approval in lieu of his prior disconnection notice.
(3) It shall be the duty of the inspector to confer from time to time with representatives of the local health department, the local fire department, and the gas company, and otherwise obtain from proper sources all helpful information and advice, presenting same to the appropriate officials from time to time for their consideration. (1972 Code, § 4-406)
12-407. Permits. (1) No person shall install a gas conversion burner, floor furnace, central heating plant, vented wall furnace, water heater, boiler, consumer's gas piping, or convert existing piping to utilize natural gas without first obtaining a permit to do such work from the city recorder; however, permits will not be required for setting or connecting other gas appliances, for the repair of leaks in house piping.
(2) When only temporary use of gas is desired, the inspector may issue a permit for such use, for a period of not to exceed sixty (60) days, provided the consumer's gas piping to be used is given a test equal to that required for a final piping inspection.
(3) Except when work in a public street or other public way is involved the gas company shall not be required to obtain permits to set meters, or to extend, relocate, remove, or repair its service lines, mains, or other facilities, or for work having to do with its own gas system. (1972 Code, § 4-407)
12-10
12-408. Inspections. (1) A rough piping inspection shall be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been attached thereto.
(2) A final piping inspection shall be made after all piping authorized by the permit has been installed and after all portions thereof which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been attached thereto. This inspection shall include a pressure test, at which time the piping shall stand an air pressure equal to not less than the pressure of a column of mercury six (6) inches in height, and the piping shall hold this air pressure for a period of at least ten (10) minutes without any perceptible drop. A mercury column gauge shall be used for the test. All tools, apparatus, labor, and assistance necessary for the test shall be furnished by the installer of such piping. (1972 Code, § 4-408)
12-409. Certificates. The inspector shall issue a certificate of approval at the completion of the work for which a permit for consumer piping has been issued if after inspection it is found that such work complies with the provisions of the gas code. A duplicate of each certificate issued covering consumer's gas piping shall be delivered to the gas company and used as its authority to render gas service. (1972 Code, § 4-409)
12-410. Fees. (1) The total fees for inspection of consumers gas piping at one location (including both rough and final piping inspection) shall be $1.50 for one to five outlets, inclusive, and $0.50 for each outlet above five.
(2) The fees for inspecting conversion burners, floor furnaces, boilers, or central heating plants shall be $1.50 for each unit.
(3) The fees for inspecting vented wall furnaces and water heaters shall be $1.00 for each unit.
(4) If the inspector is called back, after correction of defects noted, an additional fee of $1.00 shall be made for each such return inspection.
(5) Any and all fees shall be paid by the person to whom the permit is issued. (1972 Code, § 4-410)
12-411. Violations and penalties. Any person who shall violate or fail to comply with any of the provisions of the gas code shall be guilty of a misdemeanor, and upon conviction thereof shall be fined under the general penalty clause for this code of ordinances, or the license of such person may be revoked, or both fine and revocation of license may be imposed. (1972 Code, § 4-411)
12-412. Nonliability. This chapter shall not be construed as imposing upon the city any liability or responsibility for damages to any person injured by any defect in any gas piping or appliance mentioned herein, or by installation
12-11
thereof, nor shall the city, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or the certificate of approval issued by the inspector. (1972 Code, § 4-412)
12-12
CHAPTER 5
HOUSING CODE
SECTION
12-501. Housing code adopted.
12-502. Modifications.
12-503. Available in recorder's office.
12-504. Violations.
12-501. Housing code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of securing the public safety, health, and general welfare through structural strength, stability, sanitation, adequate light, and ventilation in dwellings, apartment houses, rooming houses, and buildings, structures, or premises used as such, the Standard Housing Code,1 1991 edition with 1992 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 the housing code. (1972 Code, § 4-501, modified)
12-502. Modifications. Wherever the housing code refers to the "Building Official" it shall mean the person appointed or designated by the city council to administer and enforce the provisions of the housing code. Wherever the "Department of Law" is referred to it shall mean the city attorney. Wherever the "Chief Appointing Authority" is referred to it shall mean the city council. Section 109 of the housing code is deleted. (1972 Code, § 4-502)
12-503. Available in recorder's office. Pursuant to the requirements of Tennessee Code Annotated, § 6-54-502, one (1) copy of the housing 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, § 4-503, modified)
12-504. Violations. It shall be unlawful for any person to violate or fail to comply with any provision of the housing code as herein adopted by reference and modified. (1972 Code, § 4-504)
_________________________________________
1 Copies of this code (and any amendments) may be purchased from the
Southern Building Code Congress International, Inc., 900 Montclair Road,
Birmingham, Alabama 35213.
12-13
CHAPTER 6
DANGEROUS BUILDINGS
SECTION
12-601. Dangerous buildings defined.
12-602. Standards for repair, vacation, or demolition.
12-603. Dangerous buildings--nuisances.
12-604. Duties of building inspector.
12-605. Duties of recorder.
12-606. Violations.
12-607. Duties of city attorney.
12-608. Emergency cases.
12-609. Where owner absent from city.
12-610. Administrative liability.
12-611. Duties of fire department.
12-612. Duties of police department.
12-613. Supplemental remedy.
12-601. Dangerous buildings defined. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings":
(1) Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) Those which, exclusive of the foundation, show thirty three (33) per cent or more of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(3) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(4) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the City of Decherd.
(5) Those which have become or are so dilapidated, decayed, unsafe, insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein.
(6) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
12-14
(7) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(8) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(9) Those which because of their condition are unsafe, insanitary, or dangerous to the health, morals, safety, or general welfare of the people of the city.
(10) Those buildings existing in violation of any provision of the building code or any provision of the fire preventing code or other ordinances of the city. (1972 Code, § 4-601)
12-602. Standards for repair, vacation, or demolition. The following standards shall be followed in substance by the building inspector and the
recorder in ordering repair, vacation, or demolition:
(1) If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter it shall be ordered repaired.
(2) If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered to be vacated.
(3) In any case where a "dangerous building" is 50 per cent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of the city or statute of the state, it shall be demolished. (1972 Code, § 4-602)
12-603. Dangerous buildings--nuisances. All "dangerous buildings" within the terms of § 12-601 are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided. (1972 Code, § 4-603)
12-604. Duties of building inspector. The building inspector shall:
(1) Inspect or cause to be inspected semi-annually, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of § 12-601.
(2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.
12-15
(3) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire or police departments as probably existing in violation of the terms of this chapter.
(4) Notify in writing the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building as shown by the land records of the Register of Deeds of Franklin County, of any building found by him to be a "dangerous building" within the standards set forth in § 12-601, that:
(a) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this chapter;
(b) the occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession;
(c) the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Register of Deeds may at his own risk repair, vacate, or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(5) Set forth in the notice provided for in subsection (4) hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding 30 days, as is reasonable.
(6) Report to the recorder any non-compliance with the "notice" provided for in subsections (4) and (5) hereof.
(7) Appear at all hearings conducted by the recorder, and testify as to the condition of "dangerous buildings."
(8) Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by the building inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building as shown by the land records of the Register of Deeds of Franklin County. It is unlawful to remove this notice until such notice is complied with." (1972 Code, § 4-604)
12-605. Duties of recorder. The recorder shall: (1) Upon receipt of a report of the building inspector as provided for in § 12-604(6) give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the land records of the Register of Deeds of Franklin County to appear before him on the date specified in the
12-16
notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in § 12-604(5).
(2) Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the land records of the Register of Deeds shall offer relative to the "dangerous building."
(3) Make written findings of fact from the testimony offered pursuant to subsection (2) as to whether or not the building in question is a "dangerous building" within the terms of § 12-601.
(4) Issue an order based upon findings of fact made pursuant to subsection (3) commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the land records of the Register of Deeds, to repair, vacate, or demolish any building found to be a "dangerous building" within the terms of this chapter and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building;" or any person not the owner of said "dangerous building" but having an interest in said building as shown by the land records of the Register of Deeds may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the city as provided in subsection (5) hereof.
(5) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof, within 10 days, the recorder shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in § 12-602, and shall with the assistance of the city attorney cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the recorder shall notify the city attorney to take legal action to force the owner to make all necessary repairs or demolish the building.
(6) Report to the city attorney the names of all persons not complying with the order provided for in § 12-605(4). (1972 Code, § 4-605)
12-606. Violations. The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by any person authorized by this chapter to give such notice or order shall be guilty of a misdemeanor and upon conviction thereof shall be fined under the general penalty clause for this code of ordinances.
12-17
The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined under the general penalty clause for this code of ordinances.
Any person removing the notice provided for in § 12-604(8) shall be guilty of a misdemeanor and upon conviction shall be fined under the general penalty clause for this code of ordinances. (1972 Code, § 4-606)
12-607. Duties of city attorney. The city attorney shall:
(1) Prosecute all persons failing to comply with the terms of the notices provided for herein in § 12-604(4) and (5) and the order provided for in § 12-605(4).
(2) Appear at all hearings before the recorder in regard to "dangerous buildings."
(3) Bring suit to collect all municipal liens, assessments, or costs incurred by the recorder in repairing or causing to be vacated or demolished "dangerous buildings."
(4) Take such other legal action as is necessary to carry out the terms and provisions of this chapter. (1972 Code, § 4-607)
12-608. Emergency cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined herein is immediately repaired, vacated, or demolished, the building inspector shall report such facts to the recorder and the recorder shall cause the immediate repair, vacation, or demolition of such "dangerous building." The costs of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided in § 12-605(5). (1972 Code, § 4-608)
12-609. Where owner absent from the city. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city all notices or orders provided for herein shall be sent by registered mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the Register of Deeds of Franklin County to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service. (1972 Code, § 12-609)
12-610. Administrative liability. No officer, agent, or employee of the City of Decherd shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer,
12-18
agent, or employee of the City of Decherd as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the city attorney until the final determination of the proceedings therein. (1972 Code, § 4-610)
12-611. Duties of fire department. The employees of the fire department shall make a report in writing to the building inspector of all buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this chapter. Such reports must be delivered to the building inspector within 24 hours of the discovery of such buildings by any employee of the fire department. (1972 Code, § 4-611)
12-612. Duties of police department. All employees of the police department shall make a report in writing to the building inspector of any buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this chapter. Such reports must be delivered to the building inspector within 24 hours of the discovery of such buildings by any employee of the police department. (1972 Code, § 4-612)
12-613. Supplemental remedy. The provisions in this chapter are supplemental to any others which may be available to the city for abating substandard, dangerous, or dilapidated buildings or structures. (1972 Code, § 4-613)
12-19
CHAPTER 7
FAIR HOUSING CODE
SECTION
12-701. Policy.
12-702. Definitions.
12-703. Unlawful practice.
12-704. Discrimination in the sale or rental of housing.
12-705. Discrimination in the financing of housing.
12-706. Discrimination in the provision of brokerage service.
12-707. Exemption.
12-708. Administration.
12-709. Education and conciliation.
12-710. Enforcement.
12-711. Investigations; subpoenas; giving of evidence.
12-712. Enforcement by private persons.
12-701. Policy. It is the policy of the City of Decherd to provide, within constitutional limitations, for fair housing throughout the city. (1972 Code, § 4-701)
12-702. Definitions. (1) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(2) "Family" includes a single individual.
(3) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
(4) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the occupant. (5) "Discriminatory housing practice" means an act that is unlawful under §§ 12-704, 12-705, or 12-706. (1972 Code, § 4-702)
12-703. Unlawful practice. Subject to the provisions of subsection (2) and § 12-707 the prohibitions against discrimination in the sale or rental of housing set forth in § 12-704 shall apply to:
(1) All dwellings except as exempted by subsection (2).
(2) Nothing in § 12-704 shall apply to:
12-20
(a) Any single-family house sold or rented by an owner: provided, that such private individual owner does not own more than three such single-family houses at any one time: provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: provided further, that the sale or rental of any single-family house shall be excepted from the application of this title only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (ii) without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 12-704(3) of this code, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(3) For the purpose of subsection (2), a person shall be deemed to be in the business of selling or renting dwellings if:
(a) He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
(b) He has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or
(c) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (1972 Code, § 4-703)
12-704. Discrimination in the sale or rental of housing. As made applicable by § 12-703 and except as exempted by §§ 12-703(2) and 12-707, it shall be unlawful:
12-21
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, or national origin.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, or national origin.
(3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, or national origin, or an intention to make any such preference, limitation, or discrimination. (4) To represent to any person because or race, color, religion, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, or national origin. (1972 Code, § 4-704)
12-705. Discrimination in the financing of housing. It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given: provided, that nothing contained in this section shall impair the scope or effectiveness of the exception contained in § 12-703(2). (1972 Code, § 12-705)
12-706. Discrimination in the provision of brokerage services. It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, or national origin. (1972 Code, § 4-706)
12-22
12-707. Exemption. Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (1972 Code, § 4-707)
12-708. Administration. (1) The authority and responsibility for administering this act shall be in the Chief Executive Officer of the City of Decherd.
(2) The chief executive officer may delegate any of these functions, duties, and powers to employees of the city or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter under this chapter. The chief executive officer shall by rule prescribe such rights of appeal from the decisions of his hearing examiners to other hearing examiners or to other officers in the city, to boards of officers or to himself, as shall be appropriate and in accordance with law.
(3) All executive departments and agencies shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the chief executive officer to further such purposes. (1972 Code, § 4-708)
12-709. Education and conciliation. Immediately after the enactment of this chapter, the chief executive officer shall commence such educational and conciliatory activities as will further the purposes of this chapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this chapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. (1972 Code, § 4-709)
12-710. Enforcement. (1) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the chief executive officer. Complaints shall be in writing and shall contain such information and be in such form as the chief executive officer requires. Upon receipt of such a
12-23
complaint, the chief executive officer shall furnish a copy of the same to the person or persons who allegedly committed or about to commit the alleged discriminatory housing practice. Within thirty days after receiving a complaint, or within thirty days after the expiration of any period of reference under subsection (3), the chief executive officer shall investigate the complaint and give notice in writing to the person aggrieved whether he intends to resolve it. If the chief executive officer decides to resolve the complaints, he shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. Any employee of the chief executive officer who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.
(2) A complaint under subsection (1) shall be filed within one hundred and eighty days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the chief executive officer, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
(3) If within thirty days after a complaint is filed with the chief executive officer, the chief executive officer has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within thirty days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The chief executive officer will assist in this filing.
(4) If the chief executive officer has been unable to obtain voluntary compliance within thirty days of the complaint, the person aggrieved may, within thirty days hereafter commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as the rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
(5) In any proceeding brought pursuant of this section, the burden of proof shall be on the complainant.
(6) Whenever an action filed by an individual shall come to trial, the chief executive officer shall immediately terminate all efforts to obtain voluntary compliance. (1972 Code, § 4-710)
12-711. Investigations; subpoenas; giving of evidence. (1) In conducting an investigation the chief executive officer shall have access at all reasonable
12-24
times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation: provided, however, that the chief executive officer first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The chief executive officer may issue subpoenas to compel his access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States District Court for the district in which the investigation is taking place. The chief executive officer may administer oaths.
(2) Upon written application to the chief executive officer, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the chief executive officer to the same extent and subject to the same limitations as subpoenas issued by the chief executive officer himself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.
(3) Witnesses summoned by subpoena of the chief executive officer shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him.
(4) Within five days after service of a subpoena upon any person, such person may petition the chief executive officer to revoke or modify the subpoena. The chief executive officer shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(5) In case of contumacy or refusal to obey a subpoena, the chief executive officer or other person at whose request it was issued may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(6) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the chief executive officer shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead the chief executive officer, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document
12-25
submitted to the chief executive officer pursuant to his subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, records, or other documents, or shall willfully mutilate, alter, or by any other means falsify any documentary evi-dence, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(7) The city attorney shall conduct all litigation in which the chief executive officer participates as a party or as amicus pursuant to this chapter. (1972 Code, § 4-711)
12-712. Enforcement by private persons. (1) The rights granted by §§ 12-703, 12-704, 12-705, and 12-706 may be enforced by civil actions in state or local courts of general jurisdiction. A civil action shall be commenced within one hundred and eighty days after the alleged discriminatory housing practice occurred: provided, however, that the court shall continue such civil case brought pursuant to this section or § 12-710(4) from time to time before bringing it to trial or renting dwellings; or
(2) Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
(a) Participating, without discrimination on account or race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection 15(a); or
(b) Affording another person or class of persons opportunity or protection so to participate; or
(3) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion or national origin, in any of the activities, services, organizations or facilities described in subsection 15(a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. (1972 Code, § 4-712)
13-1
TITLE 13
PROPERTY MAINTENANCE REGULATIONS 1
CHAPTER
1. MISCELLANEOUS.
2. JUNKYARDS.
3. ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES.
4. SLUM CLEARANCE.
CHAPTER 1
MISCELLANEOUS
SECTION
13-101. Health officer.
13-102. Smoke, soot, cinders, etc.
13-103. Stagnant water.
13-104. Weeds.
13-105. Dead animals.
13-106. Health and sanitation nuisances.
13-107. House trailers.
13-101. Health officer. The "health officer" shall be such municipal, county, or state officer as the city council shall appoint or designate to administer and enforce health and sanitation regulations within the city. (1972 Code, § 8-701)
13-102. Smoke, soot, cinders, etc. It shall be unlawful for any person to permit or cause the escape of such quantities of dense smoke, soot, cinders, noxious acids, fumes, dust, or gases as to be detrimental to or to endanger the health, comfort, and safety of the public or so as to cause or have a tendency to cause injury or damage to property or business. (1972 Code, § 8-705)
13-103. Stagnant water. It shall be unlawful for any person to knowingly allow any pool of stagnant water to accumulate and stand on his property
_________________________________________
1 Municipal code references
Animal control: title 10.
Littering streets, etc.: § 16-107.
Toilet facilities in beer places: § 8-212(12).
13-2
without treating it so as to effectively prevent the breeding of mosquitoes. (1972 Code, § 7-106)
13-104. Weeds. Every owner or tenant of property shall periodically cut the grass and other vegetation commonly recognized as weeds on his property, and it shall be unlawful for any person to fail to comply with an order by the city recorder or chief of police to cut such vegetation when it has reached a height of over one (1) foot. (1972 Code, § 8-707)
13-105. Dead animals. Any person owning or having possession of any dead animal not intended for use as food shall promptly bury the same or notify the health officer and dispose of such animal in such manner as the health officer shall direct. (1972 Code, § 8-708)
13-106. Health and sanitation nuisances. It shall be unlawful for any person to permit any premises owned, occupied, or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity. (1972 Code, § 7-109)
13-107. House trailers. It shall be unlawful for any person to park, locate, or occupy any house trailer or portable building unless it complies with all plumbing, electrical, sanitary, and building provisions applicable to stationary structures and the proposed location conforms to the zoning provisions of the city and unless a permit therefor shall have been first duly issued by the building official, as provided for in the building code. (1972 Code, § 7-104)
13-3
CHAPTER 2
JUNKYARDS
SECTION
13-201. Junkyards.
13-201. Junkyards.1 All junkyards within the corporate limits shall be operated and maintained subject to the following regulations:
(1) All junk stored or kept in such yards shall be so kept that it will not catch and hold water in which mosquitoes may breed and so that it will not constitute a place or places in which rats, mice, or other vermin may be harbored, reared, or propagated.
(2) All such junkyards shall be enclosed within close fitting plank or metal solid fences touching the ground on the bottom and being not less than six (6) feet in height, such fence to be built so that it will be impossible for stray cats and/or stray dogs to have access to such junkyards.
(3) Such yards shall be so maintained as to be in a sanitary condition and so as not to be a menace to the public health or safety. (1972 Code, § 8-711)
_________________________________________
1 State law reference
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).
13-4
CHAPTER 3
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
SECTION
13-301. Definitions.
13-302. Storing, parking or leaving dismantled or other such motor vehicle prohibited and declared nuisance; exceptions.
13-303. Notice to remove.
13-304. Responsibility for removal.
13-305. Notice procedure.
13-306. Content of notice.
13-307. Request for hearing.
13-308. Procedure for hearing.
13-309. Penalty.
13-301. Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(1) "Town" is the Town of Decherd.
(2) "Mayor" is the Mayor of the Town of Decherd.
(3) "City recorder" or "city administrator" of the town who performs all the administrative duties for the town council.
(4) "Motor vehicle" is any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, riding lawn mowers, go-carts, golf carts, campers and trailers.
(5) "Junked motor vehicle" is any motor vehicle, as defined by § 13-301(4), which does not have lawfully affixed thereto an unexpired license plate or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
(6) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
(7) "Private property" shall mean any real property within the town which is privately owned and which is not public property as defined in the section.
(8) "Public property" shall mean any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility. (Ord. #162, Nov. 1991)
13-5
13-302. Storing, parking or leaving dismantled or other such motor vehicle prohibited and declared nuisance; exceptions. No person shall park, store, leave, or permit the parking storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, upon any public or private property within the town for a period of time in excess of seventy-two (72) hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. #162, Nov. 1991)
13-303. Notice to remove. Whenever it comes to the attention of the mayor, board, city recorder or city administrator that any nuisance as defined in § 13-302 of this code of ordinances exists in the Town of Decherd, Tennessee, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter. (Ord. #162, Nov. 1991)
13-304. Responsibility for removal. Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled, or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. (Ord. #162, Nov. 1991)
13-305. Notice procedure. The mayor, city recorder or city administrator shall give notice of removal to the owner or occupant of the private property where it is located, at least thirty (30) days before the time of compliance. It shall constitute sufficient notice, for the purpose of this section, written notification upon placing a letter, postage prepaid, in the United States mail. (Ord. #162, Nov. 1991)
13-306. Content of notice. The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the town or its designee shall undertake action against the owner or occupant of the property. (Ord. #162, Nov. 1991)
13-307. Request for hearing. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for a hearing before the municipal/city judge of the Town of Decherd, or its designee within the thirty (30) day period of compliance prescribed in § 13-305, for the purpose of defending the charges by the town. (Ord. #162, Nov. 1991)
13-6
13-308. Procedure for hearing. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least fifteen (15) days in advance thereof. At any such hearing, the town and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary. (Ord. #162, Nov. 1991)
13-309. Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction, shall be subject to punishment in accordance with the general penalty provisions of this code not to exceed fifty dollars ($50.00) per offense. Each day the property of an owner or occupant remains in violation of these sections constitutes a separate and distinct offense, and the provisions of this § 13-309 can be invoked daily in event of a continuing violation without necessity of a second written notification or appearance before the mayor, city recorder or city administrator or its designee. (Ord. #162, Nov. 1991)
13-7
CHAPTER 4
SLUM CLEARANCE 1
SECTION
13-401. Findings of board.
13-402. Definitions.
13-403. "Public officer" designated; powers.
13-404. Initiation of proceedings; hearings.
13-405. Orders to owners of unfit structures.
13-406. When public officer may repair, etc.
13-407. When public officer may remove or demolish.
13-408. Lien for expenses; sale of salvaged materials; other powers not limited.
13-409. Basis for a finding of unfitness.
13-410. Service of complaints or orders.
13-411. Enjoining enforcement of orders.
13-412. Additional powers of public officer.
13-413. Powers conferred are supplemental.
13-414. Structures unfit for human habitation deemed unlawful.
13-401. Findings of board. Pursuant to Tennessee Code Annotated, § 13-21-101, et seq., the city council finds that there exists in the city structures which are unfit for human occupation due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety and morals, or otherwise inimical to the welfare of the residents of the city.
13-402. Definitions. (1) "Municipality" shall mean the City of Decherd, Tennessee, and the areas encompassed within existing city limits or as hereafter annexed.
(2) "Governing body" shall mean the city council charged with governing the city.
(3) "Public officer" shall mean the officer or officers who are authorized by this chapter to exercise the powers prescribed herein and pursuant to Tennessee Code Annotated, § 13-21-101, et seq.
(4) "Public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the government of the city or
_________________________________________
1 State law reference
Tennessee Code Annotated, title 13, chapter 21.
13-8
state relating to health, fire, building regulations, or other activities concerning structures in the city.
(5) "Owner" shall mean the holder of title in fee simple and every mortgagee of record.
(6) "Parties in interest" shall mean all individuals, associations, corporations and others who have interests of record in a dwelling and any who are in possession thereof.
(7) "Structures" shall mean any building or structure, or part thereof, used for human occupation and intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
13-403. "Public officer" designated; powers. There is hereby designated and appointed a "public officer," to be the building inspector of the city, to exercise the powers prescribed by this chapter, which powers shall be supplemental to all others held by the building inspector.
13-404. Initiation of proceedings; hearings. Whenever a petition is filed with the public officer by a public authority or by at least five (5) residents of the city charging that any structure is unfit for human occupancy or use, or whenever it appears to the public officer (on his own motion) that any structure is unfit for human occupation or use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of, and parties in interest of, such structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the service of the complaint; and the owner and parties in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaint; and the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
13-405. Orders to owners of unfit structures. If, after such notice and hearing as provided for in the preceding section, the public officer determines that the structure under consideration is unfit for human occupancy or use, he shall state in writing his finding of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (a) if the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure (not exceeding fifty percent [50%] of the reasonable value), requiring the owner, during the time specified in the order, to repair, alter, or improve such structure to render it fit for human occupancy or use or to vacate and close the structure for human occupancy or use; or (b) if the repair, alteration or improvement of said structure cannot be made at a reasonable cost in relation to the value of the structure (not to exceed
13-9
fifty percent [50%] of the value of the premises), requiring the owner within the time specified in the order, to remove or demolish such structure.
13-406. When public officer may repair, etc. If the owner fails to comply with the order to repair, alter, or improve or to vacate and close the structure as specified in the preceding section hereof, the public officer may cause such structure to be repaired, altered, or improved, or to be vacated and closed; and the public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human occupancy or use; the use or occupation of this building for human occupancy or use is prohibited and unlawful."
13-407. When public officer may remove or demolish. If the owner fails to comply with an order, as specified above, to remove or demolish the structure, the public officer may cause such structure to be removed and demolished.
13-408. Lien for expenses; sale of salvaged materials; other powers not limited. The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be assessed against the owner of the property, and shall upon the filing of the notice with the office of the register of deeds of Franklin County, be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes. In addition, the municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one action for debt against more than one or all of the owners of properties against whom said costs have been assessed and the fact that multiple owners have been joined in one action shall not be considered by the court as a misjoinder of parties. If the structure is removed or demolished by the public officer, he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court of Franklin County by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the City of Decherd to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
13-10
13-409. Basis for a finding of unfitness. The public officer defined herein shall have the power and may determine that a structure is unfit for human occupation and use if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants or users of such structure, the occupants or users of neighboring structures or other residents of the City of Decherd; such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness.
13-410. Service of complaints or orders. Complaints or orders issued by the public officer pursuant to this chapter shall be served upon persons, either personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the city. In addition, a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the Register's Office of Franklin County, Tennessee, and such filing shall have the same force and effect as other lis pendens notices provided by law.
13-411. Enjoining enforcement of orders. Any person affected by an order issued by the public officer served pursuant to this chapter may file a suit in chancery court for an injunction restraining the public officer from carrying out the provisions of the order, and the court may, upon the filing of such suit, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, however, that within sixty (60) days after the posting and service of the order of the public officer, such person shall file such suit in the court.
The remedy provided herein shall be the exclusive remedy and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of noncompliance by such person with any order of the public officer.
13-412. Additional powers of public officer. The public officer, in order to carry out and effectuate the purposes and provisions of this chapter, shall have the following powers in addition to those otherwise granted herein:
(1) To investigate conditions of the structures in the city in order to determine which structures therein are unfit for human occupation or use;
13-11
(2) To administer oaths, affirmations, examine witnesses and receive evidence;
(3) To enter upon premises for the purpose of making examination, provided that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(4) To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter; and
(5) To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
13-413. Powers conferred are supplemental. This chapter shall not be construed to abrogate or impair the powers of the city with regard to the enforcement of the provisions of its charter or any other ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by the charter and other laws.
13-414. Structures unfit for human habitation deemed unlawful. It shall be unlawful for any owner of record to create, maintain or permit to be maintained in the city structures which are unfit for human occupation due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety and morals, or otherwise inimical to the welfare of the residents of the city.
Violations of this section shall subject the offender to a penalty of up to five hundred dollars ($500) for each offense. Each day a violation is allowed to continue shall constitute a separate offense.
14-1
TITLE 14
ZONING AND LAND USE CONTROL
CHAPTER
1. MUNICIPAL PLANNING COMMISSION.
2. GENERAL PROVISIONS RELATING TO ZONING.
3. RESIDENCE DISTRICTS.
4. BUSINESS DISTRICTS.
5. INDUSTRIAL DISTRICTS.
6. FLOODPLAIN DISTRICTS (OVERLAY).
7. EXCEPTIONS AND MODIFICATIONS.
8. ADMINISTRATION AND ENFORCEMENT.
9. AMENDMENT AND LEGAL STATUS.
10. MOBILE HOMES AND TRAILER PARKS.
CHAPTER 1
MUNICIPAL PLANNING COMMISSION
SECTION
14-101. Creation.
14-102. Membership.
14-103. Organization, rules, staff, and finances.
14-104. Powers and duties.
14-101. Creation. In order to guide and accomplish a coordinated and harmonious development of the municipality which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, the Decherd Municipal Planning Commission, hereinafter referred to as the planning commission, is hereby created and established as authorized by Tennessee Code Annotated, title 13, and said planning commission shall be organized and empowered as provided in this chapter. (1972 Code, § 11-101)
14-102. Membership. The planning commission shall consist of seven (7) members who shall be residents of Franklin County, Tennessee. One (1) of the members shall be the mayor of the City of Decherd, and one (1) of the members shall be an alderman of the City of Decherd selected by the city council. The remaining five (5) members shall be appointed by the mayor of the City of Decherd. The terms of the members shall be for four (4) years, except that in the appointment of the first planning commission under the terms of this chapter, the first member shall be appointed for a term of one (1) year, the
14-2
second member shall be appointed for a term of two (2) years the third member shall be appointed for a term of three (3) years, and the remaining two (2) appointed members shall be appointed for terms of four (4) years each. The membership of the mayor and alderman shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor who shall also have the authority to remove any appointive member at his pleasure. All members shall serve without compensation but may be reimbursed for actual expenses incurred in connection with their official duties. (1972 Code, § 11-102)
14-103. Organization, rules, staff, and finances. The planning commission shall elect its chairman and vice-chairman from among its members. The terms of the chairman and vice-chairman shall be for one (1) year with eligibility for reelection. The planning commission shall appoint a secretary who may be an officer or employee of the municipality. The planning commission shall make its own rules of procedure and determine its time of meeting. All meetings of the planning commission at which official action is taken shall be open to the public and all records of the planning commission shall be public records.
The planning commission shall meet at 6:00 P.M. on the second Monday of each month.
The planning commission may appoint such employees and staff as it my deem necessary for its work and may contract with the state planning agency and city planners and other consultants for such services as it may require. The expenditures of the planning commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the city council. (1972 Code, § 11-103)
14-104. Powers and duties. From and after the time when the planning commission shall have organized selected its officers and shall have adopted its rules of procedure, then said planning commission shall have all the powers, duties and responsibilities set forth in Tennessee Code Annotated, title 13. (1972 Code, § 11-104)
14-3
Change 3, June 28, 1999
CHAPTER 2
GENERAL PROVISIONS RELATING TO ZONING
SECTION
14-201. Authority and purpose.
14-202. Short title.
14-203. Definitions.
14-204. Establishment of districts.
14-205. Application of regulations.
14-206. Continuance and discontinuance of nonconforming uses.
14-207. Off-street automobile parking.
14-208. Off-street loading and unloading space.
14-209. Area, yard, and height requirements.
14-210. Standards for billboards and other advertising structures.
14-201. Authority and purpose. In pursuance of authority conferred by the Tennessee Code Annotated, title 13, chapter 7, and for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare; to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; to conserve the value of buildings; and to encourage the most appropriate use of land and buildings and other structures throughout the municipality, all in accordance with the comprehensive plan, the city council does ordain and enact into law the following provisions in this title. (1972 Code, § 11-201)
14-202. Short title. Chapters 2 through 7 in this title shall be known and may be cited as "The Zoning Ordinance of the City of Decherd, Tennessee." (1972 Code, § 11-202)
14-203. Definitions. The purpose of this section is to clarify the meaning of certain words as they are used in this title. Except as specifically defined herein, all words used in this title have their customary dictionary definitions. For the purposes of this title, certain words or terms are to be interpreted or defined as follows:
(1) Words used in the present tense include the future tense.
(2) Words used in the singular include the plural, and words used in the plural include the singular.
(3) The word "shall" is always mandatory.
14-4
Change 3, June 28, 1999
(4) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(5) The word "lot" includes the words "plot" or "parcel."
(6) The word "building" includes the word "structure."
(7) The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(8) The word "map" or "zoning map" means the "Zoning Map of Decherd, Tennessee."
(9) "Accessory use or building." A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
(10) "Advertising sign." A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidental only incidentally on the premises if at all.
(11) "Billboard." A type of advertising sign having more than one hundred (100) square feet of display surface and not exceeding fifty (50) feet in length which is either erected on the ground or attached to or supported by a building or structure.
(12) "Boarding or rooming house." Any dwelling in which three (3) or more persons, either individually or as families, are housed for hire with or without meals.
(13) "Buffer strip, planted." A strip of land along a property line reserved for screening purposes from adjoining properties or public rights-of-way and planted with trees and/or shrubs in such a manner as to provide such screening.
(14) "Building." Any structure attached to the ground and intended for shelter, housing, or enclosure of persons, animals, or chattels.
(15) "Business sign." An attached or free-standing structure on which is announced the business use of the premises and/or the name of the operator of the business.
(16) "Dwelling." A building designed or used for permanent living quarters for one or more families.
(17) "Dwelling unit." A dwelling or portion thereof providing permanent living quarters for one (1) family.
(18) "Family." One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.
(19) "Front yard." An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and located between the street line and the front line of the building projected to the side lines of the lot.
(20) "Lot." A parcel of land occupied or capable of being occupied by one (1) or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required in this title.
(21) "Lot width." The distance between the side boundaries of the lot measured at the front building line.
(22) "Masonry." A form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar building units or materials or a combination of these materials laid up unit by unit and set in mortar.
14-5
Change 3, June 28, 1999
(23) "Mobile home (trailer)." A structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, and electrical systems contained therein. Recreational vehicles and travel trailers are not included in this definition of mobile home.
(24) "Nonconforming use." A building, structure, or use of land existing at the time of enactment of the provisions in this chapter, and which does not conform to the regulations of the district in which it is located.
(25) "Nursing home." Any building in which aged, chronically ill or incurable persons are housed and furnished with meals and nursing care for compensation.
(26) "Outdoor advertising sign." An attached or free-standing structure conveying some information, knowledge, or idea to the public.
(27) "Side yard." An open, unoccupied space on the same lot with a principal building located between the side of the buildings and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.
(28) "Structure." Anything constructed or erected on the ground or attached to something located on the ground.
(29) "Trailer park." A lot, portion, or parcel of land designed for, or which is intended to be used for, the accommodation of two (2) or more residential mobile homes or trailers.
(30) "Travel trailer." A vehicular, portable structure built on a chassis, or a pick-up camper, or a tent-trailer, or a similar device designed to be used as a temporary dwelling for travel and recreational purposes.
(31) "Travel trailer park." Any plot of ground upon which two (2) or more travel trailers, occupied for camping or periods of short stay, are located. (1972 Code, § 11-203, as amended by Ord. #187, Nov. 1993, as amended by Ord. #252, Oct. 1997, and amended by Ord. #270, June 1999)
14-204. Establishment of districts. (1) This section is established to provide districts for the various uses of land within the city and to provide boundaries for the designated districts.
For the purposes of this title, the City of Decherd, Tennessee, is hereby divided into eleven (11) districts, designated as follows:
R-1 Low density residential district
R-2 Medium density residential district
R-3 High density residential district
R-1A Low density residential district
R-3A High density residential district
C-1 Central business district
C-2 Highway service business district
C-3 Restrictive business/highway service district
I-1 Light industrial district
I-2 Heavy industrial district
(2) The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the City of Decherd, Tennessee," dated June,
14-6
Change 3, June 28, 1999
1967, and certified by the city recorder.1 Said map is hereby made a part of this title and shall be on file in the office of the city recorder.
(3) Unless otherwise indicated, the district boundary lines are center lines of streets or blocks or such lines extended, lot lines, corporate limit lines, or the center line of the main tracks of a railroad. Such lines drawn as to appear on these lines are hereby located on these lines. Where district boundary lines approximately parallel street or other rights-of-way such district boundaries
___________________________________
1 This map has been amended by ordinances, dated as follows, of record in the recorder's office:
April 19, 1973 April 8, 1991 (No. 155)
May 6, 1974 July 26, 1991 (No. 156)
May 30, 1974 April 15, 1991 (No. 157)
January 6, 1975 June 14, 1991 (No. 158)
September 2, 1975 March 9, 1992 (No. 163)
November 29, 1976 (No. 17, sec. 8) October 12, 1992 (No. 167)
August 13, 1977 (No. 24, sec. II) October 12, 1992 (No. 168)
November 7, 1977 (No. 26) December 14, 1992 (No. 170)
January 3, 1978 (No. 27) December 14, 1992 (No. 170)
November 6, 1978 (No. 38) February 8, 1993 (No. 174)
May 25, 1979 (No. 45) March 8, 1993 (No. 176)
June 30, 1979 (No. 47) March 8, 1993 (No. 177)
February 23, 1980 (No. 53, sec. 8) March 8, 1993 (No. 178)
June 30, 1981 (Nos. 68 & 69) December 27, 1994 (No. 198)
July 12, 1982 (No. 81) April 10, 1995 (No. 202)
March 14, 1983 (No. 84) April 10, 1995 (No. 206)
June 13, 1983 (No. 87) April 10, 1995 (No. 207)
September 12, 1983 (No. 93) July 10, 1995 (No. 217)
December 11, 1983 (No. 94) July 10, 1995 (No. 218)
May 14, 1984 (No. 97) July 10, 1995 (No. 219)
August 31, 1984 (No. 100) September 11, 1995 (No. 221)
May 13, 1985 (No. 103) September 11, 1995 (No. 222)
September 9, 1985 (No. 107) September 11, 1995 (No. 223
November 10, 1986 (No. 112) September 11, 1995 (No. 224
December 14, 1987 (No. 121) September 11, 1995 (No. 225
December 12, 1988 (No. 125) June 28, 1996 (No. 230)
June 26, 1989 (No. 129) June 28, 1996 (No. 233)
January 8, 1990 (No. 134) June 28, 1996 (No. 234)
March 12, 1990 (No. 138) October 14, 1996 (No. 238)
April 9, 1990 (No. 139) September 8, 1997 (No. 245)
June 25, 1990 (No. 140) February 19, 1998 (No. 254)
June 25, 1990 (No. 143) March 9, 1998 (No. 257)
April 8, 1991 (No. 154) November 9, 1998 (No. 265)
December 14, 1998 (No. 266)
March 8, 1999 (No. 269)
14-7.1
Change 3, June 28, 1999
shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by use of the scale on said zoning map. (1972 Code, § 11-204, as amended by Ord. #125, Dec. 1988, Ord. #159, July 1991, Ord. #169, Dec. 1992, and Ord. #187, Nov. 1993)
14-205. Application of regulations. This section is established to provide the conditions that must be met by anyone under the jurisdiction of this title. Except as hereinafter provided:
(1) Use. No building or structure shall hereafter be erected and no existing building or structure or part thereof shall be reconstructed, moved, or altered nor shall any land, structure, or building be used except in conformity with the regulations herein specified for the district in which it is located.
(2) Height and density. No building or structure shall hereafter be erected, constructed, reconstructed, or altered to:
(a) Exceed the height limits;
(b) House a greater number of families or occupy a smaller lot area per family than provided for in this title; or
(c) Have narrower or smaller front or side yards than are herein required.
(3) Lot area and reduction of lot size. No lot, even though it may consist of one (1) or more adjacent lots in the same ownership at the time of passage of the provisions in this chapter, shall be reduced in size so that lot width or size of yards or lot area per family or any other requirement of this title is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.
(4) Yards. No part of a yard or other open space or the off-street parking or loading space required about any building for the purpose of complying with the provisions of this title shall be included as a part of the yard or off-street parking or loading space required for another building.
(5) One (1) principal building on a lot. Only one (1) principal building and its customary accessory buildings may hereafter be erected on any one (1) lot.
(6) Public street frontage. No building shall be erected on a lot which does not abut for at least twenty-five (25) feet on a public street.
(7) Double wide manufactured (mobile) homes located in any residential zoned district shall have a continuous masonry underpinning. (1972 Code, § 11-205, as amended by Ord. #270, June 1999)
14-206. Continuance and discontinuance of nonconforming uses. The intent of this section is to serve the public interest by discouraging nonconforming uses without placing an unnecessary hardship on the individual landowner.
The lawful use of any building or structure or land existing at the time of the enactment of the provisions in this title may be continued even though
14-7.2
Change 3, June 28, 1999
such use does not conform with the provisions of this title, except that the nonconforming structure or use shall not be:
(1) Changed to another nonconforming use;
(2) Reestablished after discontinuance for one (1) year;
14-8
(3) Extended or enlarged, except in conformity with this title; or
(4) Rebuilt, altered, or repaired after damage exceeding fifty (50) percent of its replacement cost at the time of destruction, except in conformity with this title. The value shall be computed from the amount the structure is accessed for tax purposes. (1972 Code, § 11-206)
14-207. Off-street automobile parking. Off-street automobile parking space shall be provided on every lot on which any of the following uses are hereafter established. The number of automobile parking spaces provided shall be at least as great as the number specified below for various uses. Each space shall be at least two hundred (200) square feet in area and shall have vehicular access to a public street. Turning space shall be provided so that no vehicle will be required to back into a major or secondary thoroughfare, except residential property.
(1) Automobile sales and repair garages. One (1) space for each regular employee plus one (1) space for each three hundred (300) square feet of floor area used for repair work.
(2) Gasoline filling stations. Three (3) spaces for each grease rack or similar facility plus one (1) space for each attendant.
(3) Hospitals and nursing homes. One (1) space for each three (3) employees and one (1) space for each doctor, plus one (1) space for each four (4) beds.
(4) Industrial. One (1) space for each two (2) employees on a single shift plus one (1) space for each company vehicle operating from the premises.
(5) Lodges and clubs. One (1) space for each three (3) members.
(6) Offices. One (1) space for each four hundred (400) square feet of floor space, except in the C-1 central business district.
(7) Places of amusement or assembly without fixed seats. One (1) space for each three hundred (300) square feet of floor space devoted to patron use.
(8) Places of public assembly. One (1) space for each four (4) seats in the main assembly room.
(9) Residential. Two (2) spaces for each dwelling unit.
(10) Restaurants. One (1) space for each four (4) seats provided for patron use, plus one (1) space for each two (2) employees, except in the C-1 central business district.
(11) Retail business. One (1) space for each two hundred (200) square feet of sales space, except in the C-1 central business district.
(12) Rooming and boarding houses. One (1) space for each two (2) bedrooms.
(13) Schools. One (1) space for each five (5) students.
(14) Tourist courts and motels. One (1) space for each accommodation.
(15) Trailer parks. Two (2) spaces for each mobile home space.
(16) Wholesale business. Two (2) spaces for each employee.
(17) Location on other property. If the required automobile parking spaces cannot reasonably be provided on the same lot on which the principal use
14-9
is conducted, such spaces may be provided on other off-street property provided such property lies within four hundred (400) feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not hereafter be reduced or encroached upon in any manner.
(18) Extension of parking space into a residential district. Required parking space may be extended one hundred (100) feet into a residential zoning district, provided that:
(a) The parking space adjoins a commercial or industrial district;
(b) Has its only access to or fronts upon the same street as the property in the commercial or industrial district for which it provides the required parking spaces; and
(c) Is separated from abutting properties in the residential district by a ten (10) foot wide evergreen planted buffer strip. (1972 Code, § 11-207)
14-208. Off-street loading and unloading space. On every lot on which business, trade, or industry use is hereafter established, space with access to a public street or alley shall be provided, as indicated below, for loading and unloading of vehicles off the public street or alley.
(1) Retail business. One (1) space of at least ten (10) feet by thirty-five (35) feet for each three thousand (3,000) square feet of floor area or part thereof, excluding the C-1 central business district.
(2) Wholesale and industrial. One (1) space of at least ten (10) feet by fifty (50) feet for each ten thousand (10,000) square feet of floor area or part thereof.
(3) Bus and truck terminals. One (1) space to accommodate each bus or truck that will be stored and loading or unloading at the terminal at any one (1) time. (1972 Code, § 11-208)
14-10
14-209 Area, yard and height requirements. This section is established to show the minimum size, width, and height requirements for the land uses within each designated district. The provisions of this section do not apply within an approved mobile home park.
District |
Minimum Lot Size |
Minimum Front Yard Setback form Right-of-way of street |
Minimum Side Yards in Feet |
Maximum Height in Feet |
|
Area in Sq. Feet |
Square Feet per Family |
Lot Width in Feet |
Major Streets |
All Other Streets |
R-1 |
10,000 |
10,000 |
100 |
35 |
35 |
10 with a total of 25 |
35 |
R-2 |
7,500
8,000 |
One family 7,500
Two family 4,000 |
75
75 |
35 |
35 |
10 |
35 |
R-3 R-3A |
5,000
8,000
9,000 |
One family 5,000
Two family 4,000
Multi-family 3,000 |
50
75
90 |
35 |
35 |
10 |
50 |
R-1A |
15,000 |
15,000 |
100 |
35 |
35 |
12 with a total of 30 |
35 |
C-1 |
. |
|
|
|
|
None10 feet if provided |
50 |
C-2 |
|
|
|
35 |
35 |
None. 10 feet if provided |
40 |
I-1 |
|
|
|
35 |
35 |
20 |
50 |
I-2 |
|
|
|
40 |
35 |
20 |
50 |
(1972 Code, § 11-209, as amended by Ord. #125, Dec. 1988, Ord. #159, July 1991, and Ord. #169, Dec. 1992)
14-10.1
Change 3, June 28, 1999
14-210. Standards for billboards and other advertising structures.
(1) No billboarad or ground sign or other advertising structures shall be erected to exceed the maximum height limitation for the zoning district in which it is located.
(2) Billboards shall be erected or placed in conformity with the side and front yard requirements of the zoning district in which located. However, no billboard shall be erected or placed closer than within one thousand (1,000) feet of any residential zoned district. There shall be a minimum distance separation of two thousand (2,000) feet between billboards. Distance separation shall be measured along road or street ways. (As amended by Ord. #252, Oct. 1997)
14-11
CHAPTER 3
RESIDENCE DISTRICTS
SECTION
14-301. General.
14-302. R-1 Low density residential district.
14-303. R-2 Medium density residential district.
14-304. R-3 High density residential district.
14-305. R-1A Low density residential district.
14-306. R-3A High density residential district.
14-301. General. It is the intent of this title that residential districts be reserved predominately for residence, and contain public and semi-public land uses which are necessary to serve the residents; to protect residents, as far as possible, against congestion and through traffic; to promote the stability and character of residential development; and to promote the most desirable use of land in accordance with Decherd's comprehensive plan. (1972 Code, § 11-301)
14-302. R-1 Low density residential district. It is the intent of the R-1 residential district to provide a suitable open character of development for single family detached dwellings at low densities. Within the R-1 residential district of the City of Decherd, Tennessee, the following uses are permitted:
(1) One (1) family dwellings, except trailers and mobile homes.
(2) Agriculture, except the commercial raising of livestock.
(3) Church bulletin boards not exceeding twenty (20) square feet in area.
(4) Churches, provided that:
(a) There is a planted buffer strip at least ten (10) feet wide along the property line, except the front and
(b) The buildings are located not less than fifty (50) feet from any property line.
(5) Customary accessory buildings, including private garages and non-commercial workshops, provided they are located in the rear yard and not closer than five (5) feet to any lot line.
(6) Customary incidental home occupations including the professional office of an architect, artist, dentist, engineer, lawyer, physician and the like, barber, beauty and tailor shops, or the accommodation of not more than two (2) boarders provided there is no external evidence of such occupation except an announcement sign not more than two (2) square feet in area and that the operations are conducted within a dwelling by not more than one (1) person in addition to those persons resident therein.
(7) Hospitals.
14-12
(8) Municipal, county, state or federal buildings or land uses.
(9) Nursery schools, day care centers, or kindergartens provided that there are at least one hundred (100) square feet of out door play area for each child and the play area is enclosed by a fence at least five (5) feet high that will contain children. Play area is not required for children one (1) year old or younger.
(10) Public and semi-public recreational facilities and grounds.
(11) Schools offering general education courses.
(12) Signs not more than six (6) square feet in area advertising the sale or rental of the property on which they are located.
(13) Substations, such as electric, telephone or gas, if essential for service to the zoning district in which it is proposed they be located, provided that:
(a) The structures are placed not less than fifty (50) feet from any property line;
(b) The structures are enclosed by a woven-wire fence at least eight (8) feet high;
(c) No vehicles or equipment are stored on the premises; and
(d) The lot is suitably landscaped, including a planted buffer strip at least ten (10) feet wide along the side and rear property lines. (1972 Code, § 11-302)
14-303. R-2 Medium density residential district. It is the intent of the R-2 residential district to provide for a less restricted type of residential development at higher densities than, but under similar environmental conditions as in the R-1 district and to better facilitate convenience, economy, and the use of urban facilities. Within the R-2 residential district of the City of Decherd, Tennessee, the following uses are permitted:
(1) Any use permitted in the R-1 residential district.
(2) Two (2) family dwellings.
(3) Nursing homes.
(4) Cemeteries. (1972 Code, § 11-303)
14-304. R-3 High density residential district. This section provides for residences at high densities, including multi-family dwellings, mobile homes, and other general types of residential development. However, it is the intent of this title that the R-3 district contain sound development and be a desirable place in which to live. Within the R-3 residential district of Decherd, Tennessee, the following uses shall be permitted:
(1) Any use permitted in the R-2 residential district.
(2) Multi-family dwellings.
(3) Boarding and rooming houses.
14-13
(4) Mobile homes, subject to the requirements of § 14-209 and as provided by § 14-1002, subsection (2), Decherd Municipal Code, as amended.
(5) Trailer parks, not including the sale or services to mobile homes, provided the requirements of Title 14, Chapter 10 in its entirety, and § 14-207, subsection (15) of the Decherd Municipal Code are met. (1972 Code, § 11-304)
14-305. R-1A Low density residential district. It is the intent of the R-1A residential district to provide a suitable open character of development primarily for single family detached dwellings at low densities.
Within the R-1A residential district of the City of Decherd, Tennessee, the following uses are permitted:
(1) One (1) family dwellings, except trailers and mobile homes.
(2) Customary accessory buildings, including private garages and non-commercial workshops, provided they are located in the rear yard and not closer than ten (10) feet to any lot line.
(3) Municipal, county, state, or federal land uses that are designed to be compatible with low density single family residential development.
(4) Substations, such as electric, telephone or gas, if essential for service to the zoning district in which it is proposed they be located, provided that:
(a) The structures are placed not less than fifty (50) feet from any property line;
(b) The structures are enclosed by a woven-wire fence at least eight (8) feet high;
(c) No vehicles or equipment are stored on the premises; and
(d) The lot is suitably landscaped, including a planted buffer strip at least ten (10) feet wide along the side and rear property lines. (Ord. #125, Dec. 1988)
14-306. R-3A high density residential district. This section is to provide for residences at high densities, including multi-family dwelling and other general types of residential development but excluding single-wide mobile homes and mobile home parks. It is the intent of this section that the R-3A district contain sound development that provides a desirable place in which to live.
Within the R-3A residential district of Decherd, Tennessee, the following uses shall be permitted:
(1) Any use permitted in the R-3 residential district.
(2) Multi-family dwellings.
(3) Boarding and rooming houses. (Ord. #159, July 1991)
14-14
Change 3, June 28, 1999
CHAPTER 4
BUSINESS DISTRICTS
SECTION
14-401. General.
14-402. C-1 Central business district.
14-403. C-2 Highway service business district.
14-404. C-3 Restrictive business/highway service district
14-401. General. Business districts are established to provide locations for convenient exchange of goods and services in a reasonable and orderly manner; to protect the character and established pattern of desirable commercial development; to conserve the value of property; and to exclude those uses that are incompatible with designated uses for the districts. (1972 Code, § 11-401)
14-402. C-1 Central business district. The C-1 zone is established to protect present business and commercial uses; encourage the eventual elimination of uses inappropriate to the function of the central business area; and encourage intensive development of this zone as the shopping and business center of the City of Decherd and its surrounding trade area.
The following uses are permitted in the C-1 central business district of Decherd, Tennessee:
(1) Any retail business or service including those making products sold at retail on the premises, providing such manufacturing is incidental to the retail business or service and occupies less than forty (40) per cent of the floor area and employs not more than five (5) operators.
(2) Banks and offices.
(3) Clubs and lodges.
(4) Insurance agencies.
(5) Light industries.
(6) Motels.
(7) Newspaper and printing plants.
(8) Professional offices for doctors, lawyers, dentists, architects, artists, engineers, and the like.
(9) Public uses and structures.
(10) Public utility structures.
(11) Radio and television stations.
(12) Restaurants, bars, grills and similar eating and/or drinking establishments, excluding drive-ins.
(13) Signs:
(a) Outdoor advertising not including billboards; and
(b) Professional or announcement.
14-15
Change 3, June 28, 1999
(14) Theaters, indoor.
(15) Service stations and repair garages (may be licensed separately).
(16) Drug stores. (1972 Code, § 11-402, as amended by Ord. #252, Oct. 1997)
14-403. C-2 Highway service business district. The C-2 zone is established to provide an area for uses that are primarily oriented toward conveniently serving the needs of highway traffic.
The following uses are permitted in the C-2 Highway service business district.
(1) Any retail business or service directly related to serving the needs of highway traffic.
(2) Automobile parts stores.
(3) Bowling alleys.
(4) Bus terminals.
(5) Drug stores.
(6) Gasoline service stations.
(7) Hobby, antique, and souvenir shops.
(8) Nursery schools, day care centers or kindergartens.
(9) (Deleted)
(10) Motels.
(11) Public uses and structures.
(12) Repair garages and automobile sales rooms.
(13) Signs:
(a) Business; and
(b) Outdoor advertising including billboards.
(14) Theaters.
(15) Trailer sales.
(16) Used car lots.
(17) Any use permitted in the C-1 business district. (1972 Code, § 11-403, as amended by Ord. #252, Oct. 1997)
14-404. C-3 Restrictive business/highway service district. The C-3 zone is established to provide an area for uses that are restrictive in that the business is not a heavily congested type of business.
The following uses are permitted in the C-3 zone -- no other uses will be permitted.
(1) Wood working shops (i.e. cabinet shops).
(2) Automobile body shops (provided no wrecked cars are left outside of the building).
(3) Glass and mirror shop. (1972 Code, § 11-404, as amended by Ord. #130, June 1989)
14-16
Change 3, June 28, 1999
CHAPTER 5
INDUSTRIAL DISTRICTS
SECTION
14-501. General.
14-502. I-1 Light industrial district.
14-503. I-2 Heavy industrial district.
14-501. General. Industrial districts are established to provide areas to meet the needs of the city's present and future manufacturing uses with due allowance for the need for a choice of sites including transportation systems, and to protect adjacent residential and commercial uses and also the industries within the districts. (1972 Code, § 11-501)
14-502. I-1 Light industrial district. The I-1 zone is established to provide an area for firms engaged in light manufacturing and distribution of goods; to discourage uses incompatible to light manufacturing; and to protect the surrounding higher land uses and also to protect the industries in the district.
The following uses are permitted in the I-1 Light industrial district of Decherd, Tennessee:
(1) Light industries, provided that any industry that may cause injurious or obnoxious noise, vibrations, smoke, gas fumes, odor, dust, fire hazard, or other objectionable conditions, shall be required to show that the proposed location, construction, and operation will not injure present or prospective industrial development in the district.
(2) Agricultural equipment sales and repair.
(3) Baking establishments.
(4) Bottling and distribution plants.
(5) Signs:
(a) Business; and
(b) Outdoor advertising including billboards.
(6) Public utility structures.
(7) Truck terminals.
(8) Wholesale and storage business including building material yards.
(1972 Code, § 11-502, as amended by Ord. #252, Oct. 1997)
14-503. 1-2 Heavy industrial district. The I-2 zone is established to provide a suitable centralized area for heavy manufacturing plants with due consideration for choice of sites including transportation systems, to protect the surrounding higher land uses, to protect the industries located in the district, and to discourage uses incompatible with those uses designated for this district.
The following uses are permitted in the 1-2 Heavy industrial district of Decherd, Tennessee:
14-17
Change 3, June 28, 1999
(1) Industries, provided that any industry that may cause injurious or obnoxious noise, vibration, smoke, gas fumes, odor, dust, fire hazard, or other objectionable conditions, shall be required to show that such noise will not adversely affect the surrounding districts.
(2) Signs:
(a) Business; and
(b) Outdoor advertising including billboards. (1972 Code, §11-503, as amended by Ord. #252, Oct. 1997)
14-18
CHAPTER 6
FLOODPLAIN DISTRICTS (OVERLAY)
SECTION
14-601. Statutory authorization, findings of fact, purpose and objectives.
14-602. Supplementary definitions.
14-603. General provisions.
14-604. Administration.
14-605. Provisions for flood hazard reduction.
14-606. Variance procedures.
14-601. Statutory authorization, findings of fact, purpose and objectives.
(1) Statutory authorization. The Legislature of the State of Tennessee has in Tennessee Code Annotated, §§ 13-7-201 through 13-7-210 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Decherd, Tennessee City Council, does ordain as follows:
(2) Findings of fact. (a) The Decherd City Council wishes to maintain eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of 60.3(d) of the Federal Insurance Administration Regulations found at 44 CFR Ch. 1 (10-1-88 Edition) and subsequent amendments.
(b) Areas of Decherd are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(c) These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; and by uses in flood hazard areas which are vulnerable to floods; or construction with is inadequately elevated, floodproofed, or otherwise unprotected from flood damages.
(3) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas. This chapter is designed to:
(a) Restrict or prohibit uses which are vulnerable to water or erosion hazards, or which cause in damaging increases in erosion, flood heights, or velocities; (b) Require that uses vulnerable to floods, including community facilities, be protected against flood damage;
14-19
(c) Control the alteration of natural floodplains, stream channels, and natural protective barriers which accommodate flood waters;
(d) Control filling, grading, dredging and other development which may increase erosion of flood damage, and;
(e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards.
(4) Objectives. The objectives of this chapter are:
(a) To protect human life and health;
(b) To minimize expenditure of public funds for costly flood control projects;
(c) To minimize the need for rescue and relief efforts associated with flooding;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in floodable areas;
(f) To help maintain a stable tax base by providing for the sound use and development of flood prone areas;
(g) To ensure that potential buyers are notified that property is in a floodable area; and,
(h) To establish eligibility for participation in the National Flood Insurance Program. (Ord. #187, Nov. 1993)
14-602. Supplementary definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
(1) "Accessory structure" shall represent a subordinate structure to the principal structure and, for the purpose of this section, shall conform to the following:
(a) Accessory structures shall not be used for human habitation.
(b) Accessory structures shall be designed to have low flood damage potential.
(c) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
(d) Accessory structures shall be firmly anchored to prevent flotation which may result in damage to other structures.
(e) Service facilities such as electrical heating equipment shall be elevated or floodproofed.
(2) "Act" means the statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.
14-20
(3) "Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
(4) "Appeal" means a request for a review of the building official's interpretation of any provision of this chapter or a request for a variance.
(5) "Area of shallow flooding" means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
(6) "Area of special flood-related erosion hazard" is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined.
(7) "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE or A99.
(8) "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year.
(9) "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.
(10) "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
(11) "Building", for purposes of this chapter, means any structure built for support, shelter, or enclosure for any occupancy or storage. (See "structure.")
(12) "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
(13) "Elevated building" means a non-basement building (a) built to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers),
(b) and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also
14-21
includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
(14) "Emergency flood insurance program" or "emergency program" means the program as implemented on an emergency basis in accordance with Section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.
(15) "Erosion" means the process of the gradual wearing away of land masses. This peril is not per se covered under the program.
(16) "Exception" means a waiver from the provisions of this chapter which relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this chapter.
(17) "Existing construction" any structure for which the "start of construction" commenced before the effective date of this chapter.
(18) "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.
(19) "Existing structures" see "existing construction."
(20) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(21) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
(22) "Flood elevation determination" means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.
(23) "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
14-22
(24) "Flood hazard boundary map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as Zone A, M, and/or E.
(25) "Flood insurance rate map (FIRM)" means of official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
(26) "Flood insurance study" is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Map and the water surface elevation of the base flood.
(27) "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding").
(28) "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
(29) "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
(30) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(31) "Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
(32) "Flood-related erosion area" or "flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.
(33) "Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness
14-23
plans, flood-related erosion control works and flood plain management regulations.
(34) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(35) "Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.
(36) "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.
(37) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(38) "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
(39) "Historic structure" means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(i) By an approved state program as determined by the Secretary of the Interior, or
(ii) Directly by the Secretary of the Interior in states without approved programs.
14-24
(40) "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
(41) "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
(42) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
(43) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
(44) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(45) "Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the agency.
(46) "Mean sea level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(47) "National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
(48) "New construction" any structure for which the "start of construction" commenced on or after the effective date of this chapter. The term also includes any subsequent improvements to such structure.
(49) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.
(50) "100-year flood" see "base flood".
14-25
(51) "Person" includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.
(52) "Recreational vehicle" means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(53) "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
(54) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
(55) "Special hazard area" means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH.
(56) "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(57) "State coordinating agency" (Tennessee Department of Economic and Community Development, Local Planning Assistance Office) means the agency of the state government, or other office designated by the Governor of the State or by state statute at the request of the administrator to assist in the implementation of the National Flood Insurance Program in that state.
14-26
(58) "Structure", for purposes of this chapter, means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.
(59) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(60) "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or;
(b) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
(61) "Substantially improved existing manufactured home parks or subdivisions" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
(62) "Variance" is a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
(63) "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
(64) "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. (Ord. #187, Nov. 1993)
14-603. General provisions. (1) Application. This chapter shall apply to all areas within the incorporated area of Decherd, Tennessee.
(2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified on the Decherd, Tennessee, Federal Emergency Management Agency, Flood Insurance Rate Maps, Community -
14-27
Panel Numbers 470054-0001C, Effective Date: November 4, 1992 and any subsequent amendments or revisions, are adopted by reference and declared to be a part of this chapter. These areas shall be incorporated into the Decherd, Tennessee Zoning Map as an overlay district.
(3) Requirement for development permit. A development permit shall be required in conformity with this chapter prior to the commencement of any development activity.
(4) Compliance. No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(5) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction. However, where this chapter conflicts or overlaps with another, whichever imposes the more stringent restrictions shall prevail.
(6) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body, and;
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(7) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Decherd, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(8) Penalties for violation. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor punishable as other misdemeanors as provided by law. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Decherd, Tennessee from taking such other lawful actions to prevent or remedy any violation. (Ord. #187, Nov. 1993)
14-604. Administration. (1) Designation of city administrator/recorder. The city administrator/recorder is hereby appointed to administer and implement the provisions of this chapter.
(2) Permit procedures. Application for a development permit shall be made to the city administrator/recorder on forms furnished by him prior to any
14-28
development activity. The development permit may include, but is not limited to the following: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities. Specifically, the following information is required:
(a) Application stage.
(i) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings. (see (b) below)
(ii) Elevation in relation to mean sea level to which any non-residential building will be flood-proofed, where base flood elevation data is available. (see (b) below)
(iii) Certificate from a registered professional engineer or architect that the non-residential flood-proofed building will meet the flood-proofing criteria in § 14-604(2)(b), where base flood elevation data is available. (see (b) below)
(iv) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(b) Construction stage. Within unnumbered A zones, where flood elevation data are not available, the city administrator/recorder shall record the elevation of the lowest floor on the development permit. The elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building and the highest adjacent grade. USGS Quadrangle maps may be utilized when no more detailed reference exists to establish reference elevations.
Within all flood zones where base flood elevation data are utilized, the city administrator/recorder shall require that upon placement of the lowest floor, or flood-proofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the city administrator/recorder a certification of the elevation of the lowest floor, or flood-proofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by, or under the direct supervision of, a registered land surveyor, professional engineer, or architect and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by, or under the direct supervision of, a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The city administrator/recorder shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
14-29
(3) Duties and responsibilities of the city administrator/recorder. Duties of the city administrator/recorder shall include, but not be limited to:
(a) Review of all development permits to assure that the requirements of this chapter have been satisfied, and that proposed building sites will be reasonably safe from flooding.
(b) Advice to permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. This shall include Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(c) Notification to adjacent communities and the Tennessee Department of Economic and Community Development, Local Planning Office, prior to any alteration or relocation of a watercourse, and submission of evidence of such notification to the Federal Emergency Management Agency.
(d) Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) of the lowest floor (including basement) of all new or substantially improved buildings, in accordance with § 14-604(2)(b).
(e) Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) to which the new or substantially improved buildings have been flood-proofed, in accordance with § 14-604(2)(b).
(f) When flood-proofing is utilized, the city administrator/recorder shall obtain certification from a registered professional engineer or architect, in accordance with § 14-604(2)(b).
(g) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the city administrator/recorder shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 14-606.
(h) When base flood elevation data or floodway data have not been provided by the Federal Emergency Management Agency then the city administrator/recorder shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed as a result of these regulations, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the Community FHBM or FIRM meet the requirements of this chapter.
Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the city
14-30
administrator/recorder shall require the lowest floor of a building to be elevated or floodproofed to a level of at least one (1) foot above the highest adjacent grade (lowest floor and highest adjacent grade being defined in § 14-602 of this chapter). All applicable data including the highest adjacent grade elevation and the elevations of the lowest floor of floodproofing shall be recorded as set forth in § 14-604(2).
(i) All records pertaining to the provisions of this chapter shall be maintained in the office of the city administrator/recorder and shall be open for public inspection. Permits issued under the provisions of this chapter shall be maintained in a separate file or marked for expedited retrieval within combined files.
(j) Assure that the flood carrying capacity within an altered or relocated portion of any water course is maintained. (Ord. #187, Nov. 1993)
14-605. Provisions for flood hazard reduction. (1) General standards. In all flood prone areas the following provisions are required:
(a) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(b) Manufactured homes shall be elevated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;
(c) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;
(d) New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(e) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(f) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(g) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
(h) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;
14-31
(i) Any alteration, repair, reconstruction or improvements to a building which is in compliance with the provisions of this chapter, shall meet the requirements of "new construction" as contained in this chapter; and,
(j) Any alteration, repair, reconstruction or improvements to a building which is not in compliance with the provision of this chapter, shall meet the requirements of "new construction" as contained in this chapter and provided said non-conformity is not extended.
(2) Specific standards. These provisions shall apply to all areas of special flood hazard as provided herein.
In all areas of special flood hazard where base flood elevation data have been provided, including A zones, A1-30 zones, AE zones, AO zones, AH zones and A99 zones, and has provided a regulatory floodway, as set forth in § 14-603(2), the following provisions are required:
(a) Residential construction. New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement elevated no lower than one (1) foot above the base flood elevation. Should said foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of § 14-605(2)(c).
(b) Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building shall have the lowest floor, including basement, elevated no lower than one (1) foot above the level of the base flood elevation. Buildings located in all A-zones may be flood-proofed in lieu of being elevated provided that all areas of the building below the required elevation are watertight with walls substantially impermeable to the passage of water, and are built with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the city administrator/recorder as set forth in § 14-604(2)(b).
(c) Elevated building. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation, shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.
(i) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria.
14-32
(A) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(B) The bottom of all openings shall be no higher than one foot above grade; and
(C) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(ii) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and
(iii) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms in such a way as to impede the movement of floodwaters and all such petitions shall comply with the provisions of § 14-605(2) of this chapter.
(d) Standards for manufactured homes and recreational vehicles. (i) All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions of existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements of new construction, including elevations and anchoring.
(ii) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that:
(A) The lowest floor of the manufactured home is elevated no lower than one (1) foot above the level of the base flood elevation on a permanent foundation;
(B) The manufactured home must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement; and,
(C) In or outside of an existing or new manufactured home park or subdivision, or in an expansion of an existing manufactured home park or subdivision, on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of § 14-605(2)(d)(2)(A) and (B) above.
(iii) All recreational vehicles placed on sites must either:
(A) Be on the site for fewer than 180 consecutive days;
14-33
(B) Be fully licensed and ready for highway use; or
(C) The recreational vehicle must meet all the requirements for new construction, including anchoring and elevation requirements of § 14-605(2)(d)(i) or (ii)(A) and (B) above.
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached structures.
In all areas of special flood hazard where base flood elevation data or floodway data have not been provided, the provisions of § 14-604(3)(h) shall be utilized for all requirements relative to the base flood elevation or floodways.
(3) Standards for areas of special flood hazard Zones A1-30 and AE with established base flood elevation but without floodways designated. Located within the areas of special flood hazard established in § 14-603(2), where streams exist with base flood data provided but where no floodways have been provided, (Zones A1-30 and AE) the following provisions apply:
(a) No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
(b) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with § 14-605(2).
(4) Standards for areas of shallow flooding (AO and AH Zones). Located within the areas of special flood hazard established in § 14-603(2), are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (1' - 3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:
(a) All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least one (1) foot above the highest adjacent grade.
14-34
(b) All new construction and substantial improvements of nonresidential buildings shall:
(i) Have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least one (1) foot above the highest adjacent grade; or,
(ii) Together with attendant utility and sanitary facilities be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c) Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.
(5) Standards for areas protected by flood protection system (A-99 Zones). Located within the areas of special flood hazard established in § 14-603(2) are areas of the 100-year flood protected by a flood protection system which is under construction but where base flood elevations and flood hazard factors have not been determined. With these areas (A-99 Zones) the following provisions apply:
(a) All provisions of § 14-604 and § 14-605(1) and (8) shall apply.
(6) Standards for areas of special flood hazard with established base flood elevation and with floodways designated. Located within the areas of special flood hazard established in § 14-603(2), where streams exist with base flood data and floodways provided, the following provisions apply:
(a) No encroachments, including fill material, new construction, substantial improvements or other developments shall be located within designated floodways, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed encroachments or new development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood during the occurrence of the base flood discharge at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.
(b) If § 14-605(6)(a) above is satisfied, new construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with § 14-605(2).
(7) Standards for unmapped streams. Located within Decherd, Tennessee are unmapped streams where areas of special flood hazard are neither indicated nor base flood data or floodways have been provided. Adjacent to such streams the following provisions shall apply:
14-35
(a) In areas adjacent to such unmapped streams, no encroachments including fill material or structures shall be located within an area of at least equal to twice the width of the stream along each side of the stream, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the locality.
(b) When flood elevation, data is available, new construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with § 14-604(2)(b).
(8) Standards for subdivision proposals. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to ensure that:
(a) All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(d) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than fifty lots and/or five acres. (Ord. #187, Nov. 1993)
14-606. Variance procedures. The provisions of this section shall apply exclusively to areas of special flood hazard.
(1) Board of zoning appeals. (a) The Decherd Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b) Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.
(c) In passing upon such applications, the board of zoning appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(i) The danger that materials may be swept onto other property to the injury of others;
14-36
(ii) The danger to life and property due to flooding or erosion;
(iii) The susceptibility of the proposed facility and its contents to flood damage;
(iv) The importance of the services provided by the proposed facility to the community;
(v) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
(vi) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(vii) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(viii) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(ix) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and;
(x) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(d) Upon consideration of the factors listed above, and the purposes of this chapter, the board of zoning appeals may attach such conditions to the granting of variances as it deems necessary to effectuate the purposes of this chapter.
(e) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Conditions for variances. (a) Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.
(b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c) Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure
14-37
below the base flood level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.
(d) The city administrator/recorder shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. #187, Nov. 1993)
14-38
CHAPTER 7
EXCEPTIONS AND MODIFICATIONS
SECTION
14-701. General.
14-702. Existing lots.
14-703. Front yard setbacks of dwellings.
14-704. Height limits.
14-705. Corner lots.
14-706. Vision clearance.
14-707. Group housing projects.
14-708. Planned shopping centers.
14-701. General. This chapter is established to provide relief from unnecessary hardships that may occur from the application of the provisions in this title to a specific piece of property. Further, it is intended to provide for the establishment of group project developments that could not reasonably adhere to the provisions of this title. (1972 Code, § 11-801)
14-702. Existing lots. Where the owner of a plot of land consisting of one (1) or more adjacent lots at the time of the enactment of the provisions in this chapter did not at that time own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this title; or if the topography, physical shape, or other unique features of such lots of record prevent reasonable compliance with the setback or other requirements of this title, such plot of land may nevertheless be used as a building site. The yard and other requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit reasonable use of the property as a building site. However, in no case shall the building inspector permit any lot in a residential district to be used as a building site when such lot is less than four thousand (4,000) square feet in total area and thirty (30) feet in width, or has a front yard setback of less than fifteen (15) feet and a side yard setback of less than three (3) feet. (1972 Code, § 11-802)
14-703. Front yard setbacks of dwellings. The front yard setback requirement of this title for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within one hundred (100) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is more or less than the minimum required setback. In those cases, where the average setback is less than the minimum required setback, the setback on such lot may be less than the required setback but no less than the average of the setbacks of the aforementioned existing buildings. In those cases where the average setback is
14-39
more than the minimum required setback the setbacks on such lots shall not be more or less than the average setbacks of the aforementioned existing buildings, except as herein provided. In all cases this setback shall be so located to insure that the back of any structure erected or moved on said lot will be no further forward than the center of the nearest adjacent existing building. (1972 Code, § 11-803)
14-704. Height limits. The height limitations of this title shall not apply to belfries, church spires, cupolas, domes, and similar structures not intended for human occupancy, nor to chimneys, derricks, flag poles, monuments, radio or television towers or aerials, smoke stacks, transmission towers, water towers, and similar structures. (1972 Code, § 11-804)
14-705. Corner lots. The side yard setback requirements for corner lots shall be the same as the front setback requirements for the next adjacent lot fronting, on the street that the side yard of the corner lot faces. (1972 Code, § 11-805)
14-706. Vision clearance. In all use districts, except the C-1 Central business district, no fence, wall, shrubbery or other obstruction to vision between the heights of three (3) feet and fifteen (15) feet above the finished grade of streets shall be erected, permitted or maintained within twenty (20) feet of the intersection of the rights-of-way lines of streets or railroads. (1972 Code, § 11-806)
14-707. Group housing projects. A group housing project of two (2) or more buildings to be constructed on a plot of land of at least two (2) acres not subdivided into customary streets and lots, and which will not be so subdivided, may be constructed provided:
(1) Uses are limited to those permitted within the district in which the project is located;
(2) Building heights do not exceed the height limits permitted in the district in which the project is located;
(3) The overall intensity of land use is no higher and the standard of open space is no lower than that permitted in the district in which the project is located; and
(4) The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located. (1972 Code, § 11-807)
14-708. Planned shopping centers. A planned shopping center consisting of one (1) or more buildings to be constructed on a plot of land containing at least two (2) acres not subdivided into customary streets and lots and which will not be so divided, may be constructed provided:
14-40
(1) It is located at the intersection of a major thoroughfare and the uses permitted are the same as in the C-1 and C-2 districts;
(2) Off-street automobile parking space requirements for the proposed uses are provided on the lot; and
(3) Where the project abuts a residential district, there shall be a ten (10) foot planted evergreen strip along the rear and side lot lines adjacent to the residential district. (1972 Code, § 11-808)
14-41
CHAPTER 8
ADMINISTRATION AND ENFORCEMENT
SECTION
14-801. General.
14-802. Zoning enforcement officer.
14-803. Building permit required.
14-804. Application for building permit.
14-805. Construction progress.
14-806. Certificate of occupancy required.
14-807. Penalties for violations.
14-808. Remedies.
14-809. Board of zoning appeals.
14-810. Variances.
14-801. General. The intent of this chapter is to provide for suitable and proper administration and enforcement of the provisions of this title; to designate the enforcing officer and to outline the proper steps to be taken by parties interested in constructing, erecting, or modifying a structure or other land use; to include a means whereby appeals can be made; and to set forth the penalties for violating the provisions of this title. (1972 Code, § 11-901)
14-802. Zoning enforcement officer. It shall be the duty of the building inspector and he is hereby given the authority to administer and enforce the zoning provisions of this title. (1972 Code, § 11-902)
14-803. Building permit required. No building or other structure shall be located, erected, moved, or added to or structurally altered (with a cost exceeding two hundred dollars ($200)), nor any development be commenced without a building permit issued by the building inspector. No building permit shall be issued except in conformity with the provisions of this title. (1972 Code, § 11-903)
14-804. Application for building permit. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing:
(1) The actual dimensions of the lot to be built upon;
(2) The size of the building or structure to be erected;
(3) The location of the building or structure on the lot;
(4) The location of existing structures on the lot, if any;
(5) The number of dwelling units the building, if residential, is to accommodate;
(6) The setback lines of buildings on adjoining lots;
(7) The layout of off-street parking and loading spaces; and
14-42
(8) Such other information as may be necessary to provide for the proper enforcement of the zoning provisions of this title. (1972 Code, § 11-904)
14-805. Construction progress. Any building permit issued becomes invalid if work authorized by it is not commenced within six (6) months of the date of issue or if the work authorized by the permit is suspended or discontinued for a period of one (1) year. (1972 Code, § 11-905)
14-806. Certificate of occupancy required. A certificate of occupancy issued by the building inspector is required in advance of the use or occupancy of:
(1) Any lot or a change in the use thereof,
(2) A building hereafter erected or altered or a change in the use of an existing building; and
(3) Any nonconforming use that is existing at the time of the enactment of the provisions in this title or an amendment thereto that is changed, extended, altered or rebuilt thereafter. The certificate of occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this title.
No certificate of occupancy shall be issued unless the lot or building or structure complies with all of the provisions of this title.
A record of all certificates of occupancy shall be kept on file in the office of the building inspector and a copy shall be furnished, on request, to any person having a proprietary to tenancy interest in the building or land involved. (1972 Code, § 11-906)
14-807. Penalties for violations. Upon conviction, any person violating any provision of this title shall be fined under the general penalty clause for this code of ordinances. (1972 Code, § 11-907)
14-808. Remedies. If any building or structure is erected, constructed, reconstructed, repaired, converted, or maintained or any building, structure, or land is used in violation of the zoning provisions in this title, the building inspector or other appropriate authority or any adjacent or other property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to stop the violations in the case of such building, structure, or land. (1972 Code, § 11-908)
14-809. Board of zoning appeals. In accordance with Tennessee Code Annotated, §§ 13-7-205 through 13-7-207 the Decherd Municipal Planning Commission shall serve as the Decherd Board of Zoning Appeals.
(1) Procedure: Meetings of the board of zoning appeals shall be held at the call of the chairman, and at such other times as the board may
14-43
determine. Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall adopt rules of procedure and shall keep records of applications and action taken thereon which shall be public records.
(2) Appeals to the board: An appeal to the Decherd Board of Zoning Appeals may be taken by any persons, firm, or corporation aggrieved by, or by any governmental office, department, board, or bureau affected by, any decision of the building inspector based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the board of zoning appeals a notice of appeal specifying the grounds thereof. The building inspector shall transmit to the board all papers constituting the record upon which the action appealed was taken. The board shall fix a reasonable time for the healing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the healing, any persons or party may appear in person, by agent, or by attorney.
(3) Stay of proceedings: An appeal stays all legal proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of zoning appeals, after such notice of appeal shall have been filed, that by reason of facts stated in the certificate such stay would cause imminent peril to life or property. In such instance, the restraining order, which may be granted by the board or by a court of competent jurisdiction on application, on notice to the building inspector, and on due cause shown.
(4) Appeal to the court: Any person or persons or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board may seek review by a court of competent jurisdiction of such decision in a manner provided by the laws of the State of Tennessee.
(5) Powers of the board: The board of zoning appeals shall have the following powers:
(a) Administrative review: To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the building inspector or other administrative official in the carrying out or enforcement of any provision of this chapter.
(b) Special exceptions: To hear and decide applications for special exceptions as specified in this chapter, hear requests for interpretation of the zoning map, and for decision on any special questions upon which the board of zoning appeals is authorized to pass.
(c) Variances: To hear and decide applications for variances from the terms of this chapter. (1972 Code, § 11-909)
14-810. Variances. The purpose of this variance is to modify the strict application of the specific requirements of this chapter in the case of
14-44
exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his property under this chapter.
(1) Application: After written denial of a permit, a property owner may make application for a variance, using any form which might be made available by the board of zoning appeals.
(2) Fee: A fee of twenty-five (25) dollars payable to the City of Decherd shall be charged to cover partial review and processing of each application for a variance, except that the fee shall be waived for a governmental agency.
(3) Hearings: Upon receipt of an application and fee, the board shall hold a hearing to decide whether a variance to the chapter provisions is, in fact, necessary to relieve unnecessary hardships which act to deprive the property owner of the reasonable use of his land. The board shall consider and decide all applications for variances within thirty (30) days of such hearing and in accordance with the standards provided below.
(4) Standards for variances: In granting a variance, the board shall ascertain that the following criteria are met:
(a) Variances shall be granted only where special circumstances or conditions, fully described in the finding of the board, do not apply generally in the district.
(b) Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
(c) For reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance. There must be a deprivation of beneficial use of land.
(d) The granting of any variance shall be in harmony with the general purposes and intent of this chapter and shall not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.
(e) In reviewing an application for a variance, the burden of showing that the variance should be granted shall be upon the persons applying therefor. (1972 Code, § 11-910, as amended by Ord. #187, Nov. 1993)
14-45
CHAPTER 9
AMENDMENT AND LEGAL STATUS
SECTION
14-901. Amendments.
14-902. Legal status provisions.
14-901. Amendments. This section is established to provide a means whereby certain desirable changes and additions can be made to the zoning ordinance from time to time. These amendments must be in relation to the comprehensive plan and the general welfare of the community.
Chapters two through seven in this title may be amended from time to time by the city council but no amendment shall become effective unless it shall have been proposed by or shall have first been submitted to the Decherd Planning Commission for review and recommendation. The planning commission shall have thirty (30) days within which to submit its report. If the planning commission disapproves the amendment, within thirty (30) days, it shall require the favorable vote of a majority of the city council to become effective. If the planning commission fails to submit a report within the thirty (30) day period, it shall be deemed to have approved the proposed amendment.
Before enacting an amendment to chapters two through seven in this title, the city council shall hold a public hearing thereon, at least fifteen (15) days' notice of the time and place of which shall be published in a newspaper of general circulation in the City of Decherd. (1972 Code, § 11-1001)
14-902. Legal status provisions. This section is established to present the legal status of chapters two through seven in this title and to resolve differences and conflicts between such provisions and other ordinances.
Whenever such regulations of this title require more restrictive standards than are required in or under any other statute, the requirements of this title shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this title, the provisions of such statute shall govern.
Should any section or provision of this title be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the title as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
The zoning provisions in this title shall take effect and be in force from and after the date of their adoption, the public welfare demanding it. (1972 Code, § 11-1002)
14-46
CHAPTER 10
MOBILE HOMES AND TRAILER PARKS
SECTION
14-1001. Definitions.
14-1002. License required.
14-1003. License fees.
14-1004. Application for license.
14-1005. Board of investigators to enforce.
14-1006. Trailer park plan.
14-1007. Location of trailer parks.
14-1008. Water supply.
14-1009. Dependent trailer homes.
14-1010. Sewage and refuse disposal.
14-1011. Garbage receptacles.
14-1012. Fire prevention.
14-1013. Animals and pets.
14-1014. Register of occupants.
14-1015. Revocation of license.
14-1016. Posting of license.
14-1001. Definitions. As used in this chapter: (1) "License" means the permit required for mobile homes and parks. Fees charged under the license requirement are for inspection and the administration of this chapter.
(2) "Natural or artificial barrier" means any river, pond, canal, railroad, levee, embankment, fence or hedge.
(3) "Park" means trailer park.
(4) "Person" means any natural individual, firm, trust, partnership, association or corporation.
(5) "Trailer park" means any plot of ground upon which two or more trailer coaches, occupied or unoccupied for dwelling purposes, are located, regardless of whether or not a charge is made for such accommodation.
(6) "Mobile home (trailer)" means a detached residential dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.
(7) "Mobile home space" means a plot of ground within a trailer park designated for the accommodation of one mobile home.
(8) "Dependent mobile home" means a mobile home which does not have a toilet and a bath or shower.
14-47
(9) "Independent mobile home" means a mobile home that has a toilet and a bath or shower.
(10) "Independent mobile home space" means a mobile home space which has sewer and water connections designated to accommodate the toilet and bath or shower contained in an independent mobile home.
(11) "Travel trailer" means a vehicular, portable structure built upon a chassis, or a pick-up camper, or a tent-trailer, or a similar device designed to be used as a temporary dwelling for travel and recreational purposes.
(12) "Travel trailer park" means any plot of ground upon which two (2) or more travel trailers, occupied for camping or periods of short stay, are located. (1972 Code, § 8-401)
14-1002. License required. The following requirements for licenses shall apply to any trailer park or individual mobile home within the corporate limits of Decherd:
(1) Trailer parks. It shall be unlawful for any person to maintain or operate, within the corporate limits of the city, any trailer park unless such person shall first obtain a license therefor. All trailer parks in existence upon the effective date of the provisions in this chapter shall within ninety (90) days thereafter obtain such license and in all other respects fully comply with the requirements of this chapter.
(2) Individual mobile homes. It shall be unlawful for any person or persons to maintain an individual mobile home as a dwelling or for the owner of any property to let space for an individual trailer coach within the corporate limits of the city outside a trailer park or areas designated as R-3, High Density Residential District, as provided by the Zoning Ordinance of Decherd, Tennessee. The individual mobile home locating in such designated R-3 High Density Residential District shall be placed upon a permanent foundation, tied down or anchored, have obtained a license therefor, and complied with the Standard Building Code, and the Decherd Municipal Code. It shall be the responsibility of the occupant of the mobile home to secure the license. In the event that an individual mobile home is moved from one location to another, a license must be secured for the mobile home at the new location regardless of the time elapsed since the original license was issued. Mobile homes already located in the corporate limits of the City of Decherd when these provisions become effective are not compelled to comply with the provisions herein, unless moved to a new location. (1972 Code, § 8-402)
14-1003. License fees. An annual license fee shall be required for trailer parks and individual mobile homes as follows:
(1) Trailer parks. The annual license fee for trailer parks shall be $15.00 for each park.
14-48
(2) Individual mobile homes. The annual license fee for each trailer coach shall be $5.00. The fee for transfer of the license because of a change in ownership or occupancy shall be $5.00. (1972 Code, § 8-403)
14-1004. Application for license. (1) Trailer parks. The application for a trailer park license shall be filed with, and the license issued by, the city building inspector. The application shall be in writing, signed by the applicant, and shall contain the following:
(a) The name and address of the applicant.
(b) The location and legal description of the trailer park.
(c) A complete plan of the park showing compliance with § 14-305.
(d) Plans and specifications of all buildings and other improvements constructed or to be constructed within the trailer park.
(e) Such further information as may be required by the City of Decherd to enable it to determine if the proposed park will comply with legal requirements.
Each application and all accompanying plans and specifications shall be filed in triplicate.
(2) Individual mobile homes. The application for an individual trailer coach license shall be filed with, and the license issued by, the city building inspector. The application shall be in writing, signed by the applicant, and shall contain the following:
(a) The names of the applicant and all people who are to reside in the trailer coach.
(b) The description of the mobile home.
(c) The state license number, make, model, and year of the mobile home and each automobile owned by the occupants of the mobile home.
(d) Such further information as may be required by the City of Decherd to enable it to determine if the trailer home and site will comply with legal requirements.
The application shall be filed in triplicate. (1972 Code, § 8-404)
14-1005. Board of investigators to enforce. A board of investigators consisting of the city health officer, the chief of the fire department, the chief of police, the building inspector, and the planning commission chairman is hereby created, with the building inspector as chairman. The chairman shall, with the approval of the members of the board, appoint a secretary for the board from among the employees of the city.
It is hereby made the duty of said board to enforce all provisions of this chapter as prescribed herein or such provisions as may hereafter be enacted. For the purpose of securing such enforcement, any of the members of the board, or their duly authorized representatives, shall have the right and are
14-49
hereby empowered to enter upon any premises on which any trailer home or homes are located, or are about to be located, to inspect the same and all trailer homes and accommodations connected therewith at any reasonable time. The board is further empowered to issue orders granting, renewing, and revoking such permits and licenses as are provided for in accordance with the provisions of this chapter. (1972 Code, § 8-405)
14-1006. Trailer park plan. The trailer park shall conform to the following requirements:
(1) The park shall be on a well-drained site which is properly graded to insure rapid drainage and freedom from stagnant pools of water. (2) The proposed site shall contain a minimum area of three (3) acres.
(3) There shall be a maximum of nine (9) mobile home spaces per gross acre.
(4) Mobile home spaces shall have a minimum of three thousand (3,000) square feet each with a minimum width of forty (40) feet.
(5) A minimum of fifty (50) percent development of the total number of mobile home spaces in the proposed park shall be available for occupancy before any mobile home space may be occupied by a mobile home.
(6) Within a mobile home space the minimum front yard setback for a mobile home shall be ten (10) feet and the minimum side yard setback shall be seven (7) feet. No mobile home shall be located closer than ten (10) feet from any property line bounding the park.
(7) All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in width which shall have unobstructed access to a public street or highway. All driveways constructed after the effective date of the provisions in this chapter shall be hard-surfaced.
(8) A planted buffer strip, not less than ten (10) feet in width shall be located along the property lines of the park, except across driveways and streets.
(9) An electrical outlet supplying at least 230/115 volts shall be provided for each trailer home space. (1972 Code, § 8-406)
14-1007. Location of trailer parks. Trailer parks may be located only in R-3 High Density Residential District, within the City of Decherd as provided by the Zoning Ordinance of Decherd, Tennessee. Each boundary of the park must be at least 40 feet from any permanent residential building located outside the park unless separated therefrom by a natural or artificial barrier or unless a majority of the property owners, according to area, within said 40 feet consent in writing to the establishment of the park. (1972 Code, § 8-407)
14-50
14-1008. Water supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied to meet the requirements of the park. (1972 Code, § 8-408)
14-1009. Dependent trailer homes. Dependent trailer homes as herein defined shall not be parked within the corporate limits of the City of Decherd, unless the trailer park provides at least one flush toilet, one shower bath or tub, and one lavatory for every ten dependent mobile home spaces in the park.
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free from any conditions that will menace the health of any occupant or the public or constitute a nuisance. (1972 Code, § 8-409)
14-1010. Sewage and refuse disposal. Waste from toilets, sinks, and laundries shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such a manner as will present no health hazard. All kitchen sinks, wash-basins, and bath or shower tubs in a mobile home may empty into a sanitary sink drain located on the trailer home space. (1972 Code, § 8-410)
14-1011. Garbage receptacles. A garbage can of a standard required by the City of Decherd shall be provided for each mobile home. The garbage can and surrounding area shall be kept in a sanitary condition at all times. (1972 Code, § 8-411)
14-1012. Fire prevention. Every park shall be equipped at all times with one fire extinguisher in good working order, for every 10 mobile home spaces, located not farther than 200 feet from each mobile home space. No open fires shall be permitted at any place which would endanger life or property. No fires shall be left unattended at any time. (1972 Code, § 8-412)
14-1013. Animals and pets. No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any trailer park. (1972 Code, § 8-413)
14-1014. Register of occupants. It shall be the duty of each licensee to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:
(1) The name and address of each occupant.
(2) The name of each owner and the make, model, year, and state license number of all mobile homes.
(3) The license number, the name of owner, and the make, model, and year of each automobile by which the mobile home is towed in addition to the
14-51
same information for other automobiles belonging to occupants of mobile homes within the park.
(4) The dates of arrival and departure of each mobile home. The park shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of three (3) years following the date of registration. (1972 Code, § 8-414)
14-1015. Revocation of license. The city may revoke any license to maintain and operate a park when the licensee fails to comply with any provision of this chapter and is found guilty by a court of competent jurisdiction of such violation. After such conviction, the license may be reissued if the circumstances leading to the conviction have been remedied and the park can be maintained and operated in full compliance with the law. (1972 Code, § 8-415)
14-1016. Posting of license. The license certificate for a trailer park shall be posted near the front door of the office or elsewhere in a conspicuous place on the premises of the trailer park at all times. (1972 Code, § 8-416)
15-1
TITLE 15
MOTOR VEHICLES, TRAFFIC AND PARKING 1
CHAPTER
1. MISCELLANEOUS.
2. EMERGENCY VEHICLES.
3. SPEED LIMITS.
4. TURNING MOVEMENTS.
5. STOPPING AND YIELDING.
6. PARKING.
7. ENFORCEMENT.
CHAPTER 1
MISCELLANEOUS 2
SECTION
15-101. Motor vehicle requirements.
15-102. Driving on streets closed for repairs, etc.
15-103. One-way streets.
15-104. Unlaned streets.
15-105. Laned streets.
15-106. Yellow lines.
15-107. Miscellaneous traffic-control signs, etc.
15-108. General requirements for traffic-control signs, etc.
15-109. Unauthorized traffic-control signs, etc.
15-110. Presumption with respect to traffic-control signs, etc.
15-111. School safety patrols.
15-112. Driving through funerals or other processions.
____________________________________
1 Municipal code reference Excavations and obstructions in streets, etc.: title 16.
2 State law references Under Tennessee Code Annotated, § 55-10-307, the following offenses are exclusively state offenses and must be tried in a state court or a court having state jurisdiction: driving while intoxicated or drugged, as prohibited by Tennessee Code Annotated, § 55-10-401; failing to stop after a traffic accident, as prohibited by Tennessee Code Annotated, § 55-10-101, et seq.; driving while license is suspended or revoked, as prohibited by Tennessee Code Annotated, § 55-7-116; and drag racing, as prohibited by Tennessee Code Annotated, § 55-10-501.
15-2
15-113. Clinging to vehicles in motion.
15-114. Riding on outside of vehicles.
15-115. Backing vehicles.
15-116. Projections from the rear of vehicles.
15-117. Causing unnecessary noise.
15-118. Vehicles and operators to be licensed.
15-119. Passing.
15-120. Damaging pavements.
15-121. Bicycle riders, etc.
15-122. Accidents.
15-123. Overtaking or passing a school bus.
15-124. Skateboard use.
15-101. Motor vehicle requirements. It shall be unlawful for any person to operate any motor vehicle within the corporate limits unless such vehicle is equipped with properly operating muffler, lights, brakes, horn, and such other equipment as is prescribed and required by Tennessee Code Annotated, title 55, chapter 9. (1972 Code, § 9-101)
15-102. Driving on streets closed for repairs, etc. Except for necessary access to property abutting thereon, no motor vehicle shall be driven upon any street that is barricaded or closed for repairs or other lawful purpose. (1972 Code, § 9-106)
15-103. One-way streets. On any street for one-way traffic with posted signs indicating the authorized direction of travel at all intersections offering access thereto, no person shall operate any vehicle except in the indicated direction. (1972 Code, § 9-109)
15-104. Unlaned streets. (1) Upon all unlaned streets of sufficient width, a vehicle shall be driven upon the right half of the street except:
(a) When lawfully overtaking and passing another vehicle proceeding in the same direction.
(b) When the right half of a roadway is closed to traffic while under construction or repair.
(c) Upon a roadway designated and signposted by the city for one-way traffic.
(2) All vehicles proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn. (1972 Code, § 9-110)
15-3
15-105. Lined streets. On streets marked with traffic lanes, it shall be unlawful for the operator of any vehicle to fail or refuse to keep his vehicle within the boundaries of the proper lane for his direction of travel except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
On two (2) lane and three (3) lane streets, the proper lane for travel shall be the right hand lane unless otherwise clearly marked. On streets with four (4) or more lanes, either of the right hand lanes shall be available for use except that traffic moving at less than the normal rate of speed shall use the extreme right hand lane. On one-way streets either lane may be lawfully used in the absence of markings to the contrary. (1972 Code, § 9-111)
15-106. Yellow lines. On streets with a yellow line placed to the right of any lane line or center line, such yellow line shall designate a no-passing zone, and no operator shall drive his vehicle or any part thereof across or to the left of such yellow line except when necessary to make a lawful left turn from such street. (1972 Code, § 9-112)
15-107. Miscellaneous traffic-control signs, etc.1 It shall be unlawful for any pedestrian or the operator of any vehicle to violate or fail to comply with any traffic-control sign, signal, marking, or device placed or erected by the state or the city unless otherwise directed by a police officer.
It shall be unlawful for any pedestrian or the operator of any vehicle to willfully violate or fail to comply with the reasonable directions of any police officer. (1972 Code, § 9-113)
15-108. General requirements for traffic-control signs, etc. All traffic-control signs, signals, markings, and devices shall conform to the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways,2 published by the U. S. Department of Transportation, Federal Highway Administration, and shall, so far as practicable, be uniform as to type and location throughout the city. This section shall not be construed as being mandatory but is merely directive. (1972 Code, § 9-114)
15-109. Unauthorized traffic-control signs, etc. No person shall place, maintain, or display upon or in view of any street, any unauthorized sign,
___________________________________
1 Municipal code references Stop signs, yield signs, flashing signals, pedestrian control signs, traffic control signals generally: §§ 15-505--15-509.
2 This manual may be obtained from the Superintendent of Documents, U. S. Government Printing Office, Washington, D.C. 20402.
15-4
signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control sign, signal, marking, or device or railroad sign or signal, or which attempts to control the movement of traffic or parking of vehicles, or which hides from view or interferes with the effectiveness of any official traffic-control sign, signal, marking, or device or any railroad sign or signal. (1972 Code, § 9-115)
15-110. Presumption with respect to traffic-control signs, etc. When a traffic control sign, signal, marking, or device has been placed, the presumption shall be that it is official and that it has been lawfully placed by the proper -authority. (1972 Code, § 9-116)
15-111. School safety patrols. All motorists and pedestrians shall obey the directions or signals of school safety patrols when such patrols are assigned under the authority of the chief of police and are acting in accordance with instructions; provided, that such persons giving any order, signal, or direction shall at the time be wearing some insignia and/or using authorized flags for giving signals. (1972 Code, § 9-117)
15-112. Driving through funerals or other processions. Except when otherwise directed by a police officer, no driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated. (1972 Code, § 9-118)
15-113. Clinging to vehicles in motion. It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any other vehicle to cling to, or attach himself or his vehicle to any other moving vehicle upon any street, alley, or other public way or place. (1972 Code, § 9-120)
15-114. Riding on outside of vehicles. It shall be unlawful for any person to ride, or for the owner or operator of any motor vehicle being operated on a street, alley, or other public way or place, to permit any person to ride on any portion of such vehicle not designed or intended for the use of passengers. This section shall not apply to persons engaged in the necessary discharge of lawful duties nor to persons riding in the load-carrying space of trucks. (1972 Code, § 9-121)
15-115. Backing vehicles. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. (1972 Code, § 9-122)
15-116. Projections from the rear of vehicles. Whenever the load or any projecting portion of any vehicle shall extend beyond the rear of the bed or body
15-5
thereof, the operator shall display at the end of such load or projection, in such position as to be clearly visible from the rear of such vehicle, a red flag being not less than twelve (12) inches square. Between one-half (½) hour after sunset and one-half (½) hour before sunrise, there shall be displayed in place of the flag a red light plainly visible under normal atmospheric conditions at least two hundred (200) feet from the rear of such vehicle. (1972 Code, § 9-123)
15-117. Causing unnecessary noise. It shall be unlawful for any person to cause unnecessary noise by unnecessarily sounding the horn, "racing" the motor, or causing the "screeching" or "squealing" of the tires on any motor vehicle. (1972 Code, § 9-124)
15-118. Vehicles and operators to be licensed. It shall be unlawful for any person to operate a motor vehicle in violation of the "Tennessee Motor Vehicle Title and Registration Law" or the "Uniform Motor Vehicle Operators' and Chauffeurs' License Law." (1972 Code, § 9-125)
15-119. Passing. Except when overtaking and passing on the right is permitted, the driver of a vehicle passing another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street until safely clear of the overtaken vehicle.
The driver of the overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
When the street is wide enough, the driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
The driver of a vehicle may overtake and pass another vehicle proceeding in the same direction either upon the left or upon the right on a street of sufficient width for four (4) or more lanes of moving traffic when such movement can be made in safety.
No person shall drive off the pavement or upon the shoulder of the street in overtaking or passing on the right.
When any vehicle has stopped at a marked crosswalk or at an intersection to permit a pedestrian to cross the street, no operator of any other vehicle approaching from the rear shall overtake and pass such stopped vehicle.
No vehicle operator shall attempt to pass another vehicle proceeding in the same direction unless he can see that the way ahead is sufficiently clear and unobstructed to enable him to make the movement in safety. (1972 Code, § 9-126)
15-120. Damaging pavements. No person shall operate upon any street of the city any vehicle, motor propelled or otherwise, which by reason of its
15-6
weight or the character of its wheels or track is likely to damage the surface or foundation of the street. (1972 Code, § 9-119)
15-121. Bicycle riders, etc. Every person riding or operating a bicycle, motorcycle, or motor driven cycle shall be subject to the provisions of all traffic ordinances, rules, and regulations of the city applicable to the driver or operator of other vehicles except as to those provisions which by their nature can have no application to bicycles, motorcycles, or motor driven cycle.
No person operating or riding a bicycle, motorcycle, or motor driven cycle shall ride other than upon or astride the permanent and regular seat attached thereto, nor shall the operator carry any other person upon such vehicle other than upon a firmly attached and regular seat thereon.
No bicycle, motorcycle, or motor driven cycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
No person operating a bicycle, motorcycle, or motor driven cycle shall carry any package, bundle, or article which prevents the rider from keeping both hands upon the handlebars.
No person under the age of sixteen (16) years shall operate any motorcycle, or motor driven cycle while any other person is a passenger upon said motor vehicle.
All motorcycles and motor driven cycles operated on public ways within the corporate limits shall be equipped with crash bars approved by the state's commissioner of safety.
Each driver of a motorcycle or motor driven cycle and any passenger thereon shall be required to wear on his head a crash helmet of a type approved by the state's commissioner of safety.
Every motorcycle or motor driven cycle operated upon any public way within the corporate limits shall be equipped with a windshield of a type approved by the state's commissioner of safety, or, in the alternative, the operator and any passenger on any such motorcycle or motor driven cycle shall be required to wear safety goggles of a type approved by the state's commissioner of safety for the purpose of preventing any flying object from striking the operator or any passenger in the eyes.
It shall be unlawful for any person to operate or ride on any vehicle in violation of this section and it shall also be unlawful for any parent or guardian to knowingly permit any minor to operate a motorcycle or motor driven cycle in violation of this section. (1972 Code, § 9-127)
15-122. Accidents. The driver of any vehicle involved in an accident, resulting in injury to or death of any person or damage to any property shall immediately stop at the scene of the accident and comply with all provisions of the state law as set out in Tennessee Code Annotated, §§ 55-10-101--55-10-116. (1972 Code, § 9-128)
15-7
15-123. Overtaking or passing a school bus. The driver of a vehicle meeting or overtaking from either direction any school bus which has stopped on the street for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus and said driver shall not proceed until such school bus resumes motion or there is a signal by the school bus driver to proceed or the visual signals are no longer actuated. (1972 Code, § 9-129)
15-124. Skateboard use. (1) Skateboarding laws. The following shall be the laws governing the use of skateboards within the city limits of the City of Decherd, Tennessee.
(a) Streets. No person shall operate a skateboard on a public street or parking lot within the City of Decherd.
(b) Sidewalks. No person shall operate a skateboard on any city owned sidewalk within the city's business district or any shopping center.
(c) Skateboard ramps. No person shall use or place a ramp, jump or any other device used to force a skateboard off the pavement on any city street, sidewalk, parks, or public parking lot.
(2) Fines. The fine for operating a skateboard in any of the areas listed above shall be as follows:
First Offense - Warning issued
Second Offense - $10.00 fine plus court costs
Third Offense - $25.00 fine plus court costs
Fourth Offense - $50.00 fine plus court costs.
(Ord. #147, Feb. 1991)
15-8
CHAPTER 2
EMERGENCY VEHICLES
SECTION
15-201. Authorized emergency vehicles defined.
15-202. Operation of authorized emergency vehicles.
15-203. Following emergency vehicles.
15-204. Running over fire hoses, etc.
15-201. Authorized emergency vehicles defined. Authorized emergency vehicles shall be fire department vehicles, police vehicles, and such ambulances and other emergency vehicles as are designated by the city council. (1972 Code, § 9-102)
15-202. Operation of authorized emergency vehicles.1 (1) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, subject to the conditions herein stated.
(2) The driver of an authorized emergency vehicle may park or stand, irrespective of the provisions of this title; proceed past a red or stop signal or stop sign, but only after slowing down to ascertain that the intersection is clear; exceed the maximum speed limit and disregard regulations governing direction of movement or turning in specified directions so long as he does not endanger life or property.
(3) The exemptions herein granted for an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds an audible signal by bell, siren, or exhaust whistle and when the vehicle is equipped with at least one (1) lighted lamp displaying an authorized red or blue light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle.
(4) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (1972 Code, § 9-103)
___________________________________
1 Municipal code reference
Operation of other vehicle upon the approach of emergency vehicles:
§ 15-501.
15-9
15-203. Following emergency vehicles. No driver of any vehicle shall follow any authorized emergency vehicle apparently travelling in response to an emergency call closer than five hundred (500) feet or drive or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (1972 Code, § 9-104)
15-204. Running over fire hoses, etc. It shall be unlawful for any person to drive over any hose lines or other equipment of the fire department except in obedience to the direction of a fireman or policeman. (1972 Code, § 9-105)
15-10
CHAPTER 3
SPEED LIMITS
SECTION
15-301. In general.
15-302. At intersections.
15-303. In school zones and near playgrounds.
15-304. In congested areas.
15-301. In general. It shall be unlawful for any person to operate or drive a motor vehicle upon any highway or street at a rate of speed in excess of thirty (30) miles per hour except where official signs have been posted indicating other speed limits, in which cases the posted speed limit shall apply. (1972 Code, § 9-201)
15-302. At intersections. It shall be unlawful for any person to operate or drive a motor vehicle through any intersection at a rate of speed in excess of fifteen (15) miles per hour unless such person is driving on a street regulated by traffic control signals or signs which require traffic to stop or yield on the intersecting streets. (1972 Code, § 9-202)
15-303. In school zones and near playgrounds. It shall be unlawful for any person to operate or drive a motor vehicle at a speed in excess of fifteen (15) miles per hour when passing a school during recess or while children are going to or leaving school during its opening or closing hours. (1972 Code, § 9-203)
15-304. In congested areas. It shall be unlawful for any person to operate or drive a motor vehicle through any congested area at a rate of speed in excess of any posted speed limit when such speed limit has been posted by proper authority. (1972 Code, § 9-204)
15-11
CHAPTER 4
TURNING MOVEMENTS
SECTION
15-401. Generally.
15-402. Right turns.
15-403. Left turns on two-way roadways.
15-404. Left turns on other than two-way roadways.
15-405. U-turns.
15-401. Generally. No person operating a motor vehicle shall make any turning movement which might affect any pedestrian or the operation of any other vehicle without first ascertaining that such movement can be made in safety and signaling his intention in accordance with the requirements of the state law.1 (1972 Code, § 9-301)
15-402. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway. (1972 Code, § 9-302)
15-403. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the intersection of the center line of the two roadways. (1972 Code, § 9-303)
15-404. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (1972 Code, § 9-304)
15-405. U-turns. U-turns are prohibited. (1972 Code, § 9-305)
___________________________________
1 State law reference
Tennessee Code Annotated, § 55-8-143.
15-12
CHAPTER 5
STOPPING AND YIELDING
SECTION
15-501. Upon approach of authorized emergency vehicles.
15-502. When emerging from alleys, etc.
15-503. To prevent obstructing an intersection.
15-504. At railroad crossings.
15-505. At "stop" signs.
15-506. At "yield" signs.
15-507. At traffic-control signals generally.
15-508. At flashing traffic-control signals.
15-509. Stops to be signaled.
15-501. Upon approach of authorized emergency vehicles.1 Upon the immediate approach of an authorized emergency vehicle making use of audible and/or visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall immediately drive to a position parallel to, and as close as possible to, the right hand edge of curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (1972 Code, § 9-401)
15-502. When emerging from alleys, etc. The drivers of all vehicles emerging from alleys, parking lots, driveways, or buildings shall stop such vehicles immediately prior to driving onto any sidewalk or street. They shall not proceed to drive onto the sidewalk or street until they can safely do so without colliding or interfering with approaching pedestrians or vehicles. (1972 Code, § 9-402)
15-503. To prevent obstructing an intersection. No driver shall enter any intersection or marked crosswalk unless there is sufficient space on the other side of such intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of traffic in or on the intersecting street or crosswalk. This provision shall be effective notwithstanding any traffic-control signal indication to proceed. (1972 Code, § 9-403)
____________________________________
1 Municipal code reference
Special privileges of emergency vehicles: title 15, chapter 2.
15-13
15-504. At railroad crossings. Any driver of a vehicle approaching a railroad grade crossing shall stop within not less than fifteen (15) feet from the nearest rail of such railroad and shall not proceed further while any of the following conditions exist:
(1) A clearly visible electrical or mechanical signal device gives warning of the approach of a railroad train.
(2) A crossing gate is lowered or a human flagman signals the approach of a railroad train.
(3) A railroad train is approaching within approximately fifteen hundred (1500) feet of the highway crossing and is emitting an audible signal indicating its approach.
(4) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. (1972 Code, § 9-404)
15-505. At "stop" signs. The driver of a vehicle facing a "stop" sign shall bring his vehicle to a complete stop immediately before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then immediately before entering the intersection, and shall remain standing until he can proceed through the intersection in safety. (1972 Code, § 9-405)
15-506. At "yield" signs. The drivers of all vehicles shall yield the right of way to approaching vehicles before proceeding at all places where "yield" signs have been posted. (1972 Code, § 9-406)
15-507. At traffic-control signals generally. Traffic control signals exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights successively one at a time, or with arrows, shall show the following colors only and shall apply to drivers of vehicles and pedestrians as follows:
(1) Green alone, or "Go":
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(2) Steady yellow alone, or "Caution":
(a) Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited.
(b) Pedestrians facing such signal shall not enter the roadway.
15-14
(3) Steady red alone, or "Stop":
(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. Provided, however, that traffic facing such signal may, after coming to full stop, cautiously enter the intersection to make a right turn but shall yield the right of way to pedestrians lawfully using the intersection.
(b) Pedestrians facing such signal shall not enter the roadway.
(4) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made a vehicle length short of the signal. (1972 Code, § 9-407)
15-508. At flashing traffic-control signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal placed or erected in the city it shall require obedience by vehicular traffic as follows:
(a) Flashing red (stop signal). When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing yellow (caution signal). When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in § 15-504 of this code. (1972 Code, § 9-408)
15-509. Stops to be signaled. No person operating a motor vehicle shall stop such vehicle, whether in obedience to a traffic sign or signal or otherwise, without first signaling his intention in accordance with the requirements of the state law,1 except in an emergency. (1972 Code, § 9-410)
___________________________________
1 State law reference
Tennessee Code Annotated, § 55-8-143.
15-15
CHAPTER 6
PARKING
SECTION
15-601. Generally.
15-602. Angle parking.
15-603. Occupancy of more than one space.
15-604. Where prohibited.
15-605. Loading and unloading zones.
15-606. Presumption with respect to illegal parking.
15-601. Generally. No person shall leave any motor vehicle unattended on any street without first setting the brakes thereon, stopping the motor, removing the ignition key, and turning the front wheels of such vehicle toward the nearest curb or gutter of the street.
Except as hereinafter provided, every vehicle parked upon a street within the City of Decherd shall be so parked that its right wheels are approximately parallel to and within eighteen (18) inches of the right edge or curb of the street. On one-way streets where the city has not placed signs prohibiting the same, vehicles may be permitted to park on the left side of the street, and in such cases the left wheels shall be required to be within eighteen (18) inches of the left edge or curb of the street.
Notwithstanding anything else in this code to the contrary, no person shall park or leave a vehicle parked on any public street or alley within the fire limits between the hours of 1:00 A.M. and 5:00 A.M. or on any other public street or alley for more than seventy-two (72) consecutive hours without the prior approval of the police chief.
Furthermore, no person shall wash, grease, or work on any vehicle, except to make repairs necessitated by an emergency, while such vehicle is parked on a public street. (1972 Code, § 9-501)
15-602. Angle parking. On those streets which have been signed or marked by the city for angle parking, no person shall park or stand a vehicle other than at the angle indicated by such signs or markings. No person shall angle park any vehicle which has a trailer attached thereto or which has a length in excess of twenty-four (24) feet. (1972 Code, § 9-502)
15-603. Occupancy of more than one space. No person shall park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the official markings on the street or curb designating such space unless the vehicle is too large to be parked within a single designated space. (1972 Code, § 9-503)
15-16
15-604. Where prohibited. No person shall park a vehicle in violation of any sign placed or erected by the state or city, nor:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection or within fifteen (15) feet thereof;
(4) Within fifteen (15) feet of a fire hydrant;
(5) Within a pedestrian crosswalk;
(6) Within fifty (50) feet of a railroad crossing;
(7) Within twenty (20) feet of the driveway entrance to any fire hall, and on the side of the street opposite the entrance to any fire hall within seventy-five (75) feet of the entrance;
(8) Alongside or opposite any street excavation or obstruction when other traffic would be obstructed;
(9) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(10) Upon any bridge;
(11) Alongside any curb painted yellow or red by the city.
(12) In an area designed as "Handicapped Parking;"
(13) In an area designated as "Fire Lane;"
(14) In an area in a public parking lot marked with diagonal yellow lines through entire space. (1972 Code, § 9-504)
15-605. Loading and unloading zones. No person shall park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or merchandise in any place marked by the city as a loading and unloading zone. Trucks serving business houses shall use alleys at the rear of such businesses when they are available. (1972 Code, § 9-505)
15-606. Presumption with respect to illegal parking. When any unoccupied vehicle is found parked in violation of any provision of this chapter, there shall be a prima facie presumption that the registered owner of the vehicle is responsible for such illegal parking. (1972 Code, § 9-506)
15-17
CHAPTER 7
ENFORCEMENT
SECTION
15-701. Issuance of traffic citations.
15-702. Failure to obey citation.
15-703. Illegal parking.
15-704. Impoundment of vehicles.
15-705. Disposal of "abandoned motor vehicles."
15-706. Violation and penalty.
15-701. Issuance of traffic citations.1 When a police officer halts a traffic violator other than for the purpose of giving a warning, and does not take such person into custody under arrest, he shall take the name, address, and operator's license number of said person, the license number of the motor vehicle involved, and such other pertinent information as may be necessary, and shall issue to him a written traffic citation containing a notice to answer to the charge against him in the city court at a specified time. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody. It shall be unlawful for any alleged violator to give false or misleading information as to his name or address. (1972 Code, § 9-601)
15-702. Failure to obey citation. It shall be unlawful for any person to violate his written promise to appear in court after giving said promise to an officer upon the issuance of a traffic citation, regardless of the disposition of the charge for which the citation was originally issued. (1972 Code, § 9-602)
15-703. Illegal parking. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this code, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a citation for the driver and/or owner to answer for the violation within ten (10) days during the hours and at a place specified in the citation. (1972 Code, § 9-603)
15-704. Impoundment of vehicles. The police department is hereby authorized, when reasonably necessary for the security of the vehicle or to prevent obstruction of traffic, to remove from the streets and impound any vehicle whose operator is arrested or any unattended vehicle which is parked so as to constitute an obstruction or hazard to normal traffic. Any impounded
____________________________________
1 State law reference
Tennessee Code Annotated, § 7-63-101, et seq.
15-18
vehicle shall be stored until the owner or other person entitled thereto claims it, gives satisfactory evidence of ownership or right to possession, and pays all applicable fees and costs, or until it is otherwise lawfully disposed of. The fee for impounding a vehicle shall be five dollars ($5.00) and the storage cost shall be one dollar ($1.00) for each twenty-four (24) hour period or fraction thereof that the vehicle is stored. (1972 Code, § 9-604)
15-705. Disposal of abandoned motor vehicles. "Abandoned motor vehicles," as defined in Tennessee Code Annotated, § 55-16-103, shall be impounded and disposed of by the police department in accordance with the provisions of Tennessee Code Annotated, §§ 55-16-103 through 55-16-109. (1972 Code, § 9-605)
15-706. Violation and penalty. Any violation of this title shall be a civil offense punishable as follows:
(1) Traffic and parking citations generally. Traffic citations and parking citations, except for handicapped parking, shall be punishable by a civil penalty up to fifty dollars ($50.00) for each separate offense.
(2) Handicapped parking. Parking in a handicapped parking space shall be punished by a civil penalty of one hundred dollars ($100.00).
16-1
TITLE 16
STREETS AND SIDEWALKS, ETC 1
CHAPTER
1. MISCELLANEOUS.
2. EXCAVATIONS AND CUTS.
CHAPTER 1
MISCELLANEOUS
SECTION
16-101. Obstructing streets, alleys, or sidewalks prohibited.
16-102. Trees projecting over streets, etc., regulated.
16-103. Trees, etc., obstructing view at intersections prohibited.
16-104. Projecting signs and awnings, etc., restricted.
16-105. Banners and signs across streets and alleys restricted.
16-106. Gates or doors opening over streets, alleys, or sidewalks prohibited.
16-107. Littering streets, alleys, or sidewalks prohibited.
16-108. Obstruction of drainage ditches.
16-109. Abutting occupants to keep sidewalks clean, etc.
16-110. Parades, etc., regulated.
16-111. Operation of trains at crossings regulated.
16-112. Animals and vehicles on sidewalks.
16-113. Fires in streets, etc.
16-114. Mutual aid agreement with other local governments.
16-101. Obstructing streets, alleys, or sidewalks prohibited. No person shall use or occupy any portion of any public street, alley, sidewalk, or right of way for the purpose of storing, selling, or exhibiting any goods, wares, merchandise, or materials. (1972 Code, § 12-201)
16-102. Trees projecting over streets, etc., regulated. It shall be unlawful for any property owner or occupant to allow any limbs of trees on his property to project out over any street, alley at a height of less than fourteen (14) feet or over any sidewalk at a height of less than eight (8) feet. (1972 Code, § 12-202)
16-103. Trees, etc., obstructing view at intersections prohibited. It shall be unlawful for any property owner or occupant to have or maintain on his
___________________________________
1 Municipal code reference
Related motor vehicle and traffic regulations: title 15.
16-2
property any tree, shrub, sign, or other obstruction which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection. (1972 Code, § 12-203)
16-104. Projecting signs and awnings, etc., restricted. Signs, awnings, or other structures which project over any street or other public way shall be erected subject to the requirements of the building code.1 (1972 Code, § 12-204)
16-105. Banners and signs across streets and alleys restricted. It shall be unlawful for any person to place or have placed any banner or sign across any public street or alley except when expressly authorized by the city council after a finding that no hazard will be created by such banner or sign. (1972 Code, § 12-205)
16-106. Gates or doors opening over streets, alleys, or sidewalks prohibited. It shall be unlawful for any person owning or occupying property to allow any gate or door to swing open upon or over any street, alley, or sidewalk except when required by statute. (1972 Code, § 12-206)
16-107. Littering streets, alleys, or sidewalks prohibited. It shall be unlawful for any person to litter, place, throw, track, or allow to fall on any street, alley, or sidewalk or within thirty (30) feet of same, any refuse, glass, tacks, mud, or other objects or materials which are unsightly or which obstruct or tend to limit or interfere with the use of such public ways and places for their intended purposes. (1972 Code, § 12-207)
16-108. Obstruction of drainage ditches. It shall be unlawful for any person to permit or cause the obstruction of any drainage ditch in any public right of way. (1972 Code, § 12-208)
16-109. Abutting occupants to keep sidewalks clean, etc. The occupants of property abutting on a sidewalk are required to keep the sidewalk clean. Also, immediately after a snow or sleet, such occupants are required to remove all accumulated snow and ice from the abutting sidewalk. (1972 Code, § 12-209)
16-110. Parades etc., regulated. It shall be unlawful for any club, organization, or similar group to hold any meeting, parade, demonstration, or exhibition on the public streets without some responsible representative first securing a permit from the recorder. No permit shall be issued by the recorder unless such activity will not unreasonably interfere with traffic and unless such
__________________________________
1 Municipal code reference
Building code: title 12, chapter 1.
16-3
representative shall agree to see to the immediate cleaning up of all litter which shall be left on the streets as a result of the activity. Furthermore, it shall be unlawful for any person obtaining such a permit to fail to carry out his agreement to immediately clean up the resulting litter. (1972 Code, § 12-210)
16-111. Operation of trains at crossings regulated. No person shall operate any railroad train across any street or alley without giving a warning of its approach as required by state law. It shall be unlawful to stop a railroad train so as to block or obstruct any street or alley for a period of more than five (5) consecutive minutes. (1972 Code, § 12-211, modified)
16-112. Animals and vehicles on sidewalks. It shall be unlawful for any person to ride, lead, or tie any animal, or ride, push, pull, or place any vehicle across or upon any sidewalk in such manner as to unreasonably interfere with or inconvenience pedestrians using the sidewalk. It shall also be unlawful for any person to knowingly allow any minor under his control to violate this section. (1972 Code, § 12-212)
16-113. Fires in streets, etc. It shall be unlawful for any person to set or contribute to any fire in any public street, alley, or sidewalk. (1972 Code, § 12-213)
16-114. Mutual aid agreement with other local governments.1 The City of Decherd Street and Sanitation Department may respond in emergency situations at the request of other local governments. The street department is not obligated to respond.
(1) The street department may respond to calls for assistance only upon the request for such assistance made by the department head in charge of the agency requesting the assistance.
(2) The authority to respond to such a request will be made by the street department commissioner or the street department superintendent, or his designated assistant.
(3) The street department may provide whatever equipment and personnel as deemed necessary up to a maximum of 50 percent of its personnel and resources.
(4) The street department may provide whatever equipment and personnel it deems appropriate up to a maximum of 50% of its personnel and resources.
___________________________________
1 Municipal code reference
Mutual aid agreements: title 20.
16-4
(5) The Decherd Street Department may return to its own jurisdiction at the discretion of the street superintendent or his designated assistant in charge of the City of Decherd.
(6) Compensation for this mutual aid agreement will be made in an in-kind manner. (1972 Code, § 12-214)
16-5
CHAPTER 2
EXCAVATIONS AND CUTS 1
SECTION
16-201. Permit required.
16-202. Applications.
16-203. Fee.
16-204. Deposit or bond.
16-205. Manner of excavating--barricades and lights--temporary sidewalks.
16-206. Restoration of streets, etc.
16-207. Insurance.
16-208. Time limits.
16-209. Supervision.
16-210. Driveway curb cuts.
16-201. Permit required. It shall be unlawful for any person, firm, corporation, association, or others, to make any excavation in any street, alley, or public place, or to tunnel under any street, alley, or public place without having first obtained a permit as herein required, and without complying with the provisions of this chapter; and it shall also be unlawful to violate, or vary from, the terms of any such permit; provided, however, any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately and a permit cannot reasonably and practicably be obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the recorder is open for business, and said permit shall be retroactive to the date when the work was begun. (1972 Code, § 12-101)
16-202. Applications. Applications for such permits shall be made to the recorder, or such person as he may designate to receive such applications, and shall state thereon the location of the intended excavation or tunnel, the size thereof, the purpose thereof, the person, firm, corporation, association, or others doing the actual excavating, the name of the person, firm, corporation, association, or others for whom the work is being done, and shall contain an agreement that the applicant will comply with all ordinances and laws relating
____________________________________
1 State law reference
This chapter was patterned substantially after the ordinance upheld
by the Tennessee Supreme Court in the case of City of Paris,
Tennessee v. Paris-Henry County Public Utility District, 207 Tenn.
388, 340 S.W.2d 885 (1960).
16-6
to the work to be done. Such application shall be rejected or approved by the recorder within twenty-four (24) hours of its filing. (1972 Code, § 12-102)
16-203. Fee. The fee for such permits shall be two dollars ($2.00) for excavations which do not exceed twenty-five (25) square feet in area or tunnels not exceeding twenty-five (25) square feet in length; and twenty-five cents ($.25) for each additional square foot in the case of excavations, or lineal foot in the case of tunnels; but not to exceed one hundred dollars ($100.00) for any permit. (1972 Code, § 12-103)
16-204. Deposit or bond. No such permit shall be issued unless and until the applicant therefor has deposited with the recorder a cash deposit. The deposit shall be in the sum of twenty-five ($25.00) if no pavement is involved or seventy-five dollars ($75.00) if the excavation is in a paved area and shall insure the proper restoration of the ground and, laying of the pavement, if any. Where the amount of the deposit is clearly inadequate to cover the cost of restoration, the recorder may increase the amount of the deposit to an amount considered by him to be adequate to cover the said cost. From this deposit shall be deducted the expense to the city of relaying the surface of the ground or pavement, and of making the refill if this is done by the city or at its expense. The balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
In lieu of a deposit the applicant may deposit with the recorder a surety bond in such form and amount as the recorder shall deem adequate to cover the costs to the city if the applicant fails to make proper restoration. (1972 Code, § 12-104)
16-205. Manner of excavating--barricades and lights--temporary sidewalks. Any person, firm, corporation, association, or others making any excavation or tunnel shall do so according to the terms and conditions of the application and permit authorizing the work to be done. Sufficient and proper barricades and lights shall be maintained to protect persons and property from injury by or because of the excavation being made. If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed and provided which shall be safe for travel and convenient for users. (1972 Code, § 12-105)
16-206. Restoration of streets, etc. Any person, firm, corporation, association, or others making any excavation or tunnel in or under any street, alley, or public place in this city shall restore said street, alley, or public place to its original condition except for the surfacing, which shall be done by the city, but shall be paid for by such person, firm, corporation, association, or others promptly upon the completion of the work for which the excavation or tunnel was made. In case of unreasonable delay in restoring the street, alley, or public place, the recorder shall give notice to the person, firm, corporation, association,
16-7
or others that unless the excavation or tunnel is refilled properly within a specified reasonable period of time, the city will do the work and charge the expense of doing the same to such person, firm, corporation, association, or others. If within the specified time the conditions of the above notice have not been complied with, the work shall be done by the city, an accurate account of the expense involved shall be kept, and the total cost shall be charged to the person, firm, corporation, association, or others who made the excavation or tun-nel. (1972 Code, § 12-106)
16-207. Insurance. In addition to making the deposit or giving the bond hereinbefore required to insure that proper restoration is made, each person applying for an excavation permit shall file a certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of the insurance shall be prescribed by the recorder in accordance with the nature of the risk involved; provided, however, that the liability insurance for bodily injury shall not be less than $100,000 for each person and $300,000 for each accident, and for property damages not less than $25,000 for any one (1) accident, and a $75,000 aggregate. (1972 Code, § 12-107)
16-208. Time limits. Each application for a permit shall state the length of time it is estimated will elapse from the commencement of the work until the restoration of the surface of the ground or pavement, or until the refill is made ready for the pavement to be put on by the city if the city restores such surface pavement. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the recorder. (1972 Code, § 12-108)
16-209. Supervision. The recorder shall from time to time inspect all excavations and tunnels being made in or under any public street, alley, or other public place in the city and see to the enforcement of the provisions of this chapter. Notice shall be given to him at least ten (10) hours before the work of refilling any such excavation or tunnel commences. (1972 Code, § 12-109)
16-210. Driveway curb cuts. No one shall cut, build, or maintain a driveway across a curb or sidewalk without first obtaining a permit from the recorder. Such a permit will not be issued when the contemplated driveway is to be so located or constructed as to create an unreasonable hazard to pedestrian and/or vehicular traffic. No driveway shall exceed thirty-five (35) feet in width at its outer or street edge and when two (2) or more adjoining driveways are
16-8
provided for the same property a safety island of not less than ten (10) feet in width at its outer or street edge shall be provided. Driveway aprons shall not extend out into the street. (1972 Code, § 12-110)
17-1
TITLE 17
REFUSE AND TRASH DISPOSAL 1
CHAPTER
1. REFUSE.
CHAPTER 1
REFUSE
SECTION
17-101. Refuse defined.
17-102. Premises to be kept clean.
17-103. Storage.
17-104. Location of containers.
17-105. Disturbing containers.
17-106. Collection.
17-107. Collection vehicles.
17-108. Disposal.
17-101. Refuse defined. Refuse shall mean and include garbage, rubbish, leaves, brush, and refuse as those terms are generally defined except that dead animals and fowls, body wastes, hot ashes, rocks, concrete, bricks, and similar materials are expressly excluded therefrom and shall not be stored therewith. (1972 Code, § 8-101)
17-102. Premises to be kept clean. All persons within the City of Decherd are required to keep their premises in a clean and sanitary condition, free from accumulations of refuse except when stored as provided in this chapter. (1972 Code, § 8-102)
17-103. Storage. Each owner, occupant, or other responsible person using or occupying any building or other premises within this city where refuse accumulates or is likely to accumulate, shall provide and keep covered an adequate number of refuse containers of a type and design approved by the city recorder, but in no event will metal oil drums be used. The refuse containers shall be strong, durable, and rodent and insect proof. They shall each have a capacity of not less than twenty (20) nor more than thirty-two (32) gallons, except that this maximum capacity shall not apply to larger containers which the city handles mechanically. Furthermore, except for containers which the
____________________________________
1 Municipal code reference
Property maintenance regulations: title 13.
17-2
city handles mechanically, the combined weight of any refuse container and its contents shall not exceed seventy-five (75) pounds. No refuse shall be placed in a refuse container until such refuse has been drained of all free liquids. Tree trimmings, hedge clippings, and similar materials shall be cut to a length not to exceed four (4) feet and shall be securely tied in individual bundles weighing not more than seventy-five (75) pounds each and being not more than two (2) feet thick before being deposited for collection. (1972 Code, § 8-103)
17-104. Location of containers. Where alleys are used by the city refuse collectors, containers shall be placed on or within six (6) feet of the alley line in such a position as not to intrude upon the traveled portion of the alley. Where streets are used by the city refuse collectors, containers shall be placed adjacent to and back of the curb, or adjacent to and back of the ditch or street line if there is no curb, at such times as shall be scheduled by the city for the collection of refuse therefrom. As soon as practicable after such containers have been emptied they shall be removed by the owner to within, or to the rear of, his premises and away from the street line until the next scheduled time for collection. (1972 Code, § 8-104)
17-105. Disturbing containers. No unauthorized person shall uncover, rifle, pilfer, dig into, turn over, or in any other manner disturb or use any refuse container belonging to another. This section shall not be construed to prohibit the use of public refuse containers for their intended purpose. (1972 Code, § 8-105)
17-106. Collection. All refuse accumulated within the corporate limits shall be collected, conveyed, and disposed of under the supervision of such officer as the city council shall designate. Collections shall be made regularly in accordance with an announced schedule. (1972 Code, § 8-106)
17-107. Collection vehicles. The collection of refuse shall be by means of vehicles with beds constructed of impervious materials which are easily cleanable and so constructed that there will be no leakage of liquids draining from the refuse onto the streets and alleys. Furthermore, all refuse collection vehicles shall utilize closed beds or such coverings as will effectively prevent the scattering of refuse over the streets or alleys. (1972 Code, § 8-107)
17-108. Disposal. The disposal of refuse in any quantity by any person in any place, public or private, other than at the site or sites designated for refuse disposal by the city council is expressly prohibited. (1972 Code, § 8-108)
18-1
TITLE 18
WATER AND SEWERS 1
CHAPTER
1. WATER AND SEWERS.
2. USER CHARGE SYSTEM.
3. USER CHARGE AND SEWER USE ORDINANCE.
4. SEWAGE AND HUMAN EXCRETA DISPOSAL.
5. CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.
CHAPTER 1
WATER AND SEWERS
SECTION
18-101. City council, board of mayor and alderman to supervise and control.
18-102. Fluoridation of water supply authorized.
18-103. Limitations on accounts to be disbursed by the water board/city water works.
18-104. City water works tapping fees.
18-105. Current water/sewer rates for the customers of the City of Decherd Water Works.
18-106. Water meter deposits.
18-107. Mutual aid agreements with other local governments.
18-101. City council, board of mayor and aldermen to supervise and control. Until such time a new board of water works and sewerage commissioners may be appointed, the city council, board of mayor and aldermen (noted hereafter as the city council) shall have supervision, administration, operation and control of the City of Decherd Water Works, Sewerage Systems and any other responsibilities so designated for these utilities, by the authority as noted in Tennessee Code Annotated §§ 7-35-401 through 7-35-431. The members of the city council shall serve as such without additional compensation. The water works billing clerk and bookkeeper shall be bonded in the sum of $10,000. The city recorder, or such other employee appointed by the mayor, shall be the secretary at all meetings conducted when the city council sets as the water board.
____________________________________
1 Municipal code references
Building, utility and housing codes: title 12.
Cross connections: title 18, chapter 5.
Refuse disposal: title 17.
18-2
The water board shall meet at 8:00 P.M. the second Monday of each month, or immediately after the city council meeting. (1972 Code, § 13-101)
18-102. Fluoridation of water supply authorized. The Water Department of the City of Decherd, Tennessee, is hereby authorized and instructed to make plans for the fluoridation of the water supply to the city; to submit such plans to the Department of Health and Environment of the State of Tennessee for approval; and, upon approval, to add such chemicals as fluoride to the water supply in accord with such approval as will adequately provide for the fluoridation of said water supply.
The cost of such fluoridation will be borne by the revenues of the water department of the city. (1972 Code, § 13-102)
18-103. Limitations on accounts to be disbursed by the water board/city water works. The City of Decherd Water Board and city water superintendent shall disburse such funds as necessary, with the direct assistance of the bookkeeper, to maintain their financial requirements and demands, to include payrolls, within the following limitations:
(1) Will pay present bills, contracts, and other obligations presently established and approved by ordinance or resolution, or by the city council as recorded in the city council minute book.
(2) Will not incur any financial obligations to the city or the water works without prior approval by the city council, other than maintain present services except:
(a) Will not enter into any contracts or obligation exceeding five thousand dollars ($5,000.00) without prior approval of the city council.
(b) The hiring or dismissal of any permanent or full time employee will be approved by the water board.
(c) Will not make any water or sewer bill adjustments without a thorough investigation on the matter(s) and the water board approves the adjustment that is proposed or requested before the adjustment is made.
(3) Will provide the city council copies of minutes of meetings and monthly financial status reports.
(4) The city council shall, by ordinance, establish and maintain just and equitable rates and charges for the use of the services rendered by the water and sewerage works systems. (1972 Code, § 13-103)
18-3
18-104. City water works tapping fees.
STANDARD WATER CONNECTION CHARGES
|
INSIDE |
OUTSIDE |
3/4" CONNECTION |
$150.00 |
$250.00 |
1" CONNECTION |
200.00 |
350.00 |
1 1/2" CONNECTION |
225.00 |
475.00 |
2" CONNECTION |
325.00 |
575.00 |
OVER 2" CONNECTION |
MATERIAL AND LABOR COST PLUS 10% |
STANDARD SEWER CONNECTION CHARGES |
4" |
$150.00 INSIDE CITY ONLY+ |
6" |
200.00 INSIDE CITY ONLY+ |
8" |
225.00 INSIDE CITY, OR ACTUAL COST WHICHEVER IS GREATER, (PLUS 10% ON 8") |
(1972 Code, § 13-104)
18-105. Current water/sewer rates for the customers of the City of Decherd Water Works.
First 2,000 gallon |
$3.85 minimum bill |
Next 8,000 gallons |
1.60 per 1000 gallons |
Next 15,000 gallons |
1.43 per 1000 gallons |
Next 15,000 gallons |
1.21 per 1000 gallons |
Next 15,000 gallons |
0.94 per 1000 gallons |
Next 45,000 gallons |
0.72 per 1000 gallons |
All over 100,000 gallons |
0.55 per 1000 gallons |
Outside rates |
125% of minimum bill |
Sewer rate |
100% of total water bill |
Fire hydrant rental fee paid by General Fund of City of Decherd |
$50.00 per year per establishment, plus 10¢ (ten cents) per sprinkler head |
(1972 Code, § 13-105)
NOTE, THESE RATES HAVE CHANGED, GO TO WATER DEPARTMENT PAGE FOR CURRENT RATES.
18-106. Water meter deposits. For all water customers of the city water works the meter deposits required will be as follows:
(1) A $20.00 water meter deposit will be required of customers that owns that property and paid prior to the water being turned on.
18-4
(2) A $50.00 water meter deposit will be required of customers that rents/leases property and paid prior to the water being turned on.
(3) Delinquent water/sewer bills will be adjusted, or paid, to the satisfaction of the board of water works and sewerage commissioners prior to any customer having water turned on. (1972 Code, § 13-106)
18-107. Mutual aid agreements with other local governments.1 The City of Decherd Water and Sewer Department may respond in emergency situations at the request of other local governments. The water and sewer department is not obligated to respond.
(1) The water and sewer department will respond to calls for assistance only upon the request for such assistance made by the department head in charge of the agency requesting the assistance.
(2) The authority to respond to such a request will be made by the water and sewer department commissioner, superintendent, or his assistant.
(3) The water and sewer department may provide whatever equipment and personnel as deemed appropriate up to a maximum of 50 percent of its personnel and resources.
(4) The water and sewer department's response will be determined by the severity of the emergency in the requesting department's jurisdiction as determined by the water and sewer department commissioners, superintendent, or assistant and the department head requesting the assistance.
(5) The Decherd Water and Sewer Department may return to its own jurisdiction at the discretion of the water and sewer superintendent or his designated assistant in charge of the water and sewer department.
(6) Compensation for this mutual aid agreement will be made in an in-kind manner. (1972 Code, § 13-108)
____________________________________
1 Municipal code reference
Mutual aid agreements: title 20.
18-5
CHAPTER 2
USER CHARGE SYSTEM
SECTION
18-201. Introduction.
18-202. User charge system.
18-203. User charges.
18-204. Surcharges.
18-205. Policy for developers, Decherd water and sewer system.
18-206. Water/sewer contract.
18-201. Introduction. The City of Decherd, Tennessee has completed the design of wastewater treatment facilities and pump stations and of improvements to collection system under a Step 2 grant from the U. S. Environmental Protection Agency.
This report presents the user charge (UC) system for the distribution of the cost of operation and maintenance of these facilities and for the distribution of debt service costs to all users of the wastewater collection, transportation, treatment and disposal facilities operated by the City of Decherd. The user charge system developed herein is based on EPA guidelines as outlined in Appendix B of the Federal Register, Vol. 43, No. 188 dated September 27, 1978.
The federal guidelines recommend that the user charge system be reviewed annually and revised periodically to take into account the actual costs of operation and maintenance of the treatment works and the collection facilities. (1972 Code, § 13-1A01)
18-202. User charge system. To allocate operation, maintenance and other costs of the wastewater facilities to the users, it is first necessary to prepare a proposed budget to establish the total revenue requirement for the operation and maintenance and for debt service for the facilities. This is presented in Table 1, Debt Service and O & M Costs. Table 2 shows the water usage for evaluating costs per unit of volume used by the customer.
The O&M costs shown in Table 1 are further divided into fixed and variable expenditures as shown in Table 3. Fixed costs are those that will be incurred regardless of the quantity and quality of the waste treated. The variable costs are those that will be dependent on the actual quantity and quality of the waste treated.
The user charge system has been developed on the basis of two categories of charges:
(1) cost of treating waste of a quality normally expected for a domestic user and,
(2) cost of treating wastewater of a strength higher than the base strength established for the first category.
18-6
The base line waste strength for assessing charges under these two categories shall be determined by two parameters, 5-day biochemical oxygen demand and suspended solids. Wastes with BOD5 and suspended solids values up to 239 mg/l and 151 mg/l respectively shall be considered to be falling under the first category. The users discharging wastes with strengths higher than these base line values shall be assessed a surcharge. This surcharge will be based on the O&M cost allocated to each of these parameters. The cost breakdown on the basis of BOD, suspended solids and flow is presented in Table 4. (1972 Code, § 13-1A02)
18-203. User charges. The user charge shall be developed on a volume basis using Model No. 1 of the Federal Guidelines referred to above:
CU = CT / VT
where Cu = User's charge for operation and maintenance per unit of volume.
CT = Total annual operation and maintenance and debt service costs for wastewater treatment and transmission facilities.
VT = Total annual volume contribution from all users.
Referring to Table 1, total annual cost CT is $171,672 and the total annual volume VT from Table 2 is 53,508,000 gallons.
Therefore, User Charge Cu = 171,672 / 53,508,000 = $3.21 per 1,000 gallons
Table 2 also indicates average residential usage of 5,200 gallons per month which would result in an average sewer user charge of $16.69 per month per residential customer. (1972 Code, § 13-1A03)
18-204. Surcharges. As mentioned earlier, for an equitable distribution of operation, maintenance and other costs of the treatment and collection facilities, a surcharge will be developed for users discharging wastes of strengths higher than the base line strength. This surcharge will be in proportion to the strength of waste discharged by the user. The surcharge will be based on allocation of O&M costs to BOD and suspended solids as shown in Table 4.
18-7
Annual Cost of Treatment
allocated to BOD $14,700
Annual BOD5 loading = 349,670 lbs.
Therefore, Treatment Cost for BOD = $0.04204 per lb. of BOD
Annual Cost of Treatment
allocated to SS = $ 5,600
Annual SS loading = 218,270 lbs.
Therefore, Treatment Cost for SS = $0.02565 per lb. of SS
Based on the above unit treatment costs for BOD and suspended solids, the surcharge can be computed using Model No. 2 of the Federal Guidelines:
Cs = Bc (B) + Sc (S)
where Cs = Surcharge for wastewater of excessive strength
Bc = O&M cost for treatment of a lb. of BOD
B = BOD loading from a user above the base level of 239 mg/l,
in lbs. BOD
Sc = O&M cost for treatment of a lb. of SS
S = SS loading from a user above the base level of 151 mg/l, in
lbs. SS
18-8
The application of surcharge can best be explained by an example.
Assuming that a user discharges waste of the following characteristics in a given month.
Discharge 15,000 gallons
BOD5 600 mg/l
SS 400 mg/l
then B = 600-239 = 361 mg/l x 8.34 x 0.015
= 45.16 lbs. BOD
and S = 400-151 = 249 mg/l x 8.34 x 0.015
= 31.15 lbs. SS
From above computation:
Bc = $0.04204 per lb. of BOD
Sc = $0.02565 per lb. of SS
Therefore, Surcharge, Cs = (0.04204 x 45.16) + (0.02565 x 31.15)
= 1.90 + 0.80
= $2.70
This surcharge should be added to the base charge computed as follows:
Base Charge, Cu = 3.21 x 15,000
1,000
= $48.15
Therefore, total charge to the user for the month under consideration
= 48.15 + 2.70
= $50.85
18-9
TABLE 1
DEBT SERVICE AND O&M COSTS
DEBT SERVICE |
|
ANNUAL |
Existing Sewer Debt Service |
$26,700 |
Future Debt Service |
57,293 |
Total Debt Service |
83,993 |
Reserve Requirement |
8,399 |
O & M COSTS |
Labor |
$32,400 |
Plant |
22,600 |
Pump Stations and Sewer Maintenance |
11,300 |
Plant Maintenance |
2,800 |
Laboratory and Testing |
1,400 |
Chemicals, Supplies and Miscellaneous |
8,780 |
TOTAL O&M |
$79,280 |
TOTAL ANNUAL COST |
Debt Service |
83,993 |
Reserve |
8,399 |
O&M |
79,280 |
TOTAL ANNUAL COST |
$171,672 |
18-10
TABLE 2
WATER USAGE
|
TOTAL |
RESIDENTIAL |
COMMERCIAL INSTITUTIONAL, AND OTHERS |
No. of Water Customers |
1030 |
968 |
62 |
Avg. Water sold per month, mg. |
5.8000 |
5.0336 (86.79%) |
0.7664(13.21%) |
No. of Water & Sewer Customers |
772 |
710 |
62 |
Avg. Water sold per month to water & sewer customers, mg. |
4.4584 |
3.6920(82.81%) |
0.7664 (17.19%) |
NOTE: Figures in parenthesis is water usage as percentage of total. |
Annual volume of water sold to water & sewer customers: |
12 x 2.4584 ;= 53,508,000 gallons/year |
Average Residential Usage: |
3,692,000/710; = 5,200 gallons/month |
18-11
TABLE 3
BREAKDOWN OF BUDGETED COSTS INTO FIXED
AND VARIABLE EXPENDITURES
CATEGORY |
ANNUAL EXPENDITURE, DOLLARS |
|
FIXED |
VARIABLE |
TOTAL |
Labor |
32,400 |
0 |
32,400 |
Power |
1,200 |
21,400 |
22,600 |
Pump Stations and Sewer Maintenance |
3,000 |
8,300 |
11,3000 |
Plant Maintenance |
1,800 |
1,000 |
2,800 |
Laboratory and Testing |
800 |
600 |
1,400 |
Chemicals, Supplies and Miscellaneous |
6,000 |
2,780 |
8,780 |
|
Total O&M |
$45,200 |
$34,080 |
$79,280 |
Debt Service |
83,993 |
0 |
83,993 |
Debt Service Reserve |
8,399 |
0 |
8,399 |
Total Annual Cost |
$137,592 |
$34,080 |
$171,672 |
18-12
TABLE 4
ALLOCATION OF VARIABLE O&M EXPENDITURE
TO THE PARAMETERS OF
FLOW, BOD AND SUSPENDED SOLIDS
CATEGORY ALLOCATION TO |
ANNUAL VARIABLE EXPENDITURE |
|
FLOW |
BOD |
SS |
Power |
21,400 |
2,400 |
14,000 |
5,000 |
Plant Maintenance |
1,000 |
500 |
250 |
250 |
Laboratory & Testing |
600 |
100 |
300 |
200 |
Chemical supplies and Miscellaneous |
2,780 |
2,480 |
150 |
150 |
Total |
$ 25,780 |
5,480 |
14,700 |
5,600 |
Laboratory & Testing (1972 Code, § 13-1A04)
18-205. Policy for developers, Decherd water and sewer system.
(1) Developer will submit a complete set of plans for review to the Decherd Utility System (DUS) showing all water and/or sewer lines to be installed (including services as required) prior to any construction of said utilities. These plans must be submitted on a time schedule allowing ample time for review by the DUS's engineer.
(2) The DUS's engineer will develop a reasonable cost estimate for the water and/or sewer system to serve the development, including any off-site improvements 1 that may be required to properly serve this development.
___________________________________
1 Off-site improvements include any work that has to be done to the existing water distribution or sewer collection system (line replacement, upsizing of lines, etc.). If there presently is no existing line between the DUS and the proposed development, there will be no off-site improvements, except when the DUS requires the developer to install larger lines than are required by their development. In instances such as this, the DUS would either pay for the increase in utility size or credit the developer for the "upsizing" cost.
18-13
(3) The developer will place 10% of the cost estimate 1 with the DUS prior to plans being submitted to the Tennessee Department of Environment and Conservation for approval. The developer shall also place with DUS its surety bond or letter of credit for 100% of the estimated construction cost, to be released upon successful completion of the utilities (water/sewer).
(4) The developer will install all water/sewer lines as per Tennessee State Department of Environment and Conservation approved plans, and the DUS's Standard Specifications. DUS standard specs are available at a cost of $25.00 per copy (water or sewer) at the office of DUS.
(5) The developer will pay to the DUS a privilege fee equal to one-half of the amount of the current water and sewer tap fee at the time of development for each lot or unit if multi-unit housing in the proposed development, if the existing water or sewer system is not to be upgraded. This amount is to be paid prior to any service being turned on to the development.
(6) Developers will receive credit for off-site improvements by deducting privilege fees for lots, up to the full amount of the off-site improvements. This privilege fee credit per lot will be for the full amount of the current water/sewer tap fee.
If the costs of the off-site improvements exceed the amount of privilege fees, then the developer will have a credit with the DUS for privilege fees with future new development, but not for future off-site improvement costs. The ceiling amount assessed to the developer for sewer and/or water off-site improvements will be established by the board.
(7) All lines installed either on-site or off-site of development will be inspected and approved only by the DUS's personnel or the DUS's designated representative, at the developer's expense. (These inspection fees will be paid from the 10% mentioned in subsection (3).) No water or sewer service will be turned on by anyone except the DUS's personnel.
(8) A set of as-built plans showing all mains and services must be submitted within 60 days from completion of the utilities for approval by the DUS. If as-builts are not received within the 60-day limit, service will be discontinued.
(9) No water service will be turned on at any tap until a meter deposit is paid to the DUS and a meter installed by the DUS personnel.
(10) The developer is responsible for obtaining all easements (15 foot min.) for line installation. These easements are to be deeded to the DUS prior to any line construction.
(11) The developer will be responsible for a warranty period of one (1) year on any lines installed by him/her in the development or off-site
____________________________________
1 This 10% is to pay for engineering review, legal fees, and inspection. If 10% is not enough to cover all costs incurred by the DUS, the remainder shall be paid by the developer before water or sewer service is turned on.
18-14
improvements. If repairs are made to said lines by the DUS within the warranty time, the total cost of these repairs will be charged to the developer, and will not come from the 10% mentioned in subsection (3). Failure to pay for such repairs on a timely basis will constitute discontinuance of service to the development.
(12) Any inspections required of the DUS by the developer on lines being installed will require at least two hours notice during regular working hours on scheduled work days.
(13) No construction of any lines by the developer will begin until the attached contract is duly executed and all provisions in the developers policy have been satisfied to the DUS, including a copy of the plans reflecting Tennessee Department of Environment and Conservation approval. (Ord. #180, Aug. 1993)
18-206. Water/sewer contract.
WATER/SEWER CONTRACT
THIS AGREEMENT made on the __________day of ,_____________,_____ by and between the Decherd City Water Works, hereinafter referred to as "DUS" (Decherd Utility System) and ____________________________hereinafter referred to as "Developer".
W I T N E S S E T H :
WHEREAS, the DUS owns and operates a water/sewer system and said system will service the area or subdivision/ development hereinafter designated or named; and
WHEREAS, the DUS revenues are pledged to secure its bonded indebtedness, so that expansions normally may be made only at the expense of new subdivisions/developments; and
WHEREAS, developer has made application for water/sewer services;
NOW, THEREFORE, in consideration of the premises and the mutual promises of the parties herein contained, and other good and valuable considerations, the receipt of all of which is hereby acknowledged, the parties hereto have entered into the following agreement:
The DUS hereby agrees to and will permit the developer to connect onto the DUS water/sewer main or mains, to install the water/sewer services, mains, valves, fittings, etc., for water/sewer services to ____________________________. The developer is to install all mains, valves, fittings, pipes, etc., dealing with the
18-15
water/sewer services strictly in accordance with the drawings, plans and specifications as drawn or approved by the Engineers for the DUS, which specifications are attached to the Agreement and made a part hereof as though copied herein.
The developer covenants and agrees to hold the DUS harmless from the claim of any person, firm or corporation and to defend any action at law or equity brought and protect the DUS against any judgments rendered, growing out of the installation herein provided for whether the same be on private or public property and to follow all health, safety, workmen's compensation, and all other applicable state or governmental agency statutes or regulations.
The developer will pay for all material and labor necessary to the installation and completion of the project in accordance with all drawings, plans, specifications and this Agreement, and at the conclusion of the installations, the DUS shall become and be the sole owner of said mains, free and clear of the claims of any person or persons whomsoever, and without the necessity of any further writing, contract or deed, it being the intention of the parties that this Contract shall operate as a conveyance of said mains when the same are installed. Any and all easements must be conveyed to DUS by deed.
In addition to the costs of the installation herein provided for, the developer hereby agrees to and will pay to the DUS upon execution of this contract ten (10%) percent of the cost of the installation of all water and sewer improvements, including services, which are to be installed in accordance with the Rules and Regulations of the DUS. Said ten (10%) percent of the price is to cover overhead, supervision, engineering inspection, legal, etc., services furnished by the DUS.
The DUS will inspect the water/sewer facilities, mains, valves, fittings, etc., to assure the DUS that the same are being installed in accordance with the plans and specifications, and state and local health departments' regulations.
It is understood that no third party shall obtain any benefits or rights under this Agreement in respect to water tapping privileges and no connection shall be made to any residence of other customer site until all necessary arrangements have been made in accordance with the policies of the DUS.
In addition to the payment of ten (10%) percent of the contract price to be paid upon execution of this Contract as hereinbefore provided, the developer, at the time the subdivision/development is connected to the main distribution/collection system, will pay all water/sewer tapping privilege fees, water storage fees; and deposit fees, all as required by the DUS Standard Policy for Developers, and will give its surety bond or letter of credit for one hundred
18-16
(100%) percent of the construction costs as estimated by the DUS Engineer, in accordance with the requirements of such Standard Policy for Developers. A copy of such Standard Policy for Developers is attached to and made a part of this Contract and in the event of any discrepancies between the terms of the Contract and the Standard Policy for Developers, the latter shall control.
The developer hereby agrees to pay the DUS all costs and expenses, including attorney's fees incurred in enforcing this Agreement upon the developer's breach of the Agreement.
The developer hereby warrants that no liens or encumbrances shall remain for the installation of said mains, valves, etc., and the developer hereby agrees that said mains, etc., shall be the sole property of the DUS.
The developer, in signing this Agreement, hereby warrants that the water/sewer mains, valves, fittings, etc., when installed will be in accordance with the foregoing provision, and the plans and specifications above referred to, and hereby bargains, sells, transfers and conveys the same to the DUS free and clear of all encumbrances of whatever nature or description.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and date first above written.
DECHERD CITY WATER WORKS
By:______________________________
DEVELOPER
By:______________________________
(Ord. #180, Aug. 1993)
18-17
CHAPTER 3
USER CHARGE AND SEWER USE ORDINANCE
SECTION
18-301. Introduction.
18-302. Revenues.
18-303. Accounting.
18-304. Sewage collection and treatment regulations.
18-305. Enforcement.
18-306. Penalties.
18-307. Definitions.
18-301. Introduction. (1) Title. This chapter shall be known as, referred to, or cited as the "User Charge and Sewer Use Ordinance for the City of Decherd, State of Tennessee," and is hereinafter referred to as the ordinance.
(2) Findings and declaration of policy. The city council hereby finds that the requirements for the issuance of federal grants and the acceptance of such grants by the City of Decherd under Title II of the Federal Water Pollution Control Act Amendments of 1972, as amended, (Public Law 92-500, as amended) and the regulations of the U. S. Environmental Protection Agency as promulgated in the February 11, 1974, Federal Register, Volume 39, Number 39, Part III, for the construction of waste treatment works to improve the quality of effluent discharges from the City of Decherd establish:
(a) The necessity of adopting a user charge system that would be proportionate to all classes of users and produce the revenue required to sustain the sewage collection and waste treatment system;
(b) The necessity of enacting regulations that control the use and inflow into waste treatment works.
(3) Purpose and intent. The purpose of the ordinance is to promote the public health, safety, prosperity, aesthetics, and general welfare of the citizens of the City of Decherd and is designed to provide the legislative enactments required under Public Law 92-500, as amended, and applicable federal regulations for the acceptance of construction grants to improve the quality of effluent discharges from waste treatment works. It is further intended to provide for administration and enforcement of the ordinance and to provide penalties for its violations.
(4) Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, wherever this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.
18-18
(5) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by the statutes of the State of Tennessee.
(6) Severability of ordinance provisions. If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.
(7) Repeal. All other ordinances or parts of ordinances of the city inconsistent or conflicting with the ordinance, to the extent of the inconsistency only, are hereby repealed.
(8) Effective date. The ordinance shall become effective after adoption by the city council and publication of posting as provided by law. (1972 Code, § 13-201)
18-302. Revenues. (1) Establishment of revenue system. A user charge shall be assessed to al users by the city council in accordance with the provisions of the ordinance. Ad valorem taxes and unit charges levied by ordinance for the operation, maintenance and replacement of City of Decherd sewers and sewage works are hereby repealed. The city council shall, under applicable statutes of the State of Tennessee and city ordinances, levy ad valorem taxes for general obligation bond principal and interest payments and any other purpose provided by law not related to the operation, maintenance, and replacement of the works of the system.
(2) User charge system. (a) Budget and appropriation. The superintendent shall annually prepare an estimate of anticipated costs for each category of user charge, as outlined hereafter, for the forthcoming fiscal year. These estimates shall be made in the form of a rate ordinance and shall be proposed to the city council of the city for enactment by July 1st of each year.
(b) Operating and maintenance charges. (i) Operation and maintenance costs shall be separated in accordance with their applicability to flow, BOD, TSS, toxics, and nontoxic sampling/analysis. The percentage breakdown shall be reviewed each year by the superintendent and approved by the city council/waterboard.
(ii) Operation and maintenance costs for flow, BOD, and TSS are totalled for each. The unit charges are obtained by dividing the sum of the total costs by the previous year's total billable flow in 1,000 gallons. To determine the toxics unit charge, the total cost attributable to all the toxics shall be divided by the total number of toxics assigned to be monitored by the city for all industries monitoring for toxics. The monitoring unit charge is obtained by dividing the total non-toxic sampling/analysis costs for all classes of industrial users by the number of industrial users in
18-19
user class times the number of samplings/analysis per year for that user class.
(c) Replacement charges. (i) The replacement charge shall be sufficient to replace any equipment in the sewers or sewage works owned by the City of Decherd, as required, in order to assure the continued peak performance of the equipment and to maintain the capacity for which the sewers and sewage works were designed and constructed. The service life for real and personal property shall be established by the superintendent in cooperation with the city auditors, in accordance with experience of the City of Decherd, federal guidelines, and accepted accounting procedures. Each piece of equipment shall be evaluated annually to determine if its useful life has been extended as a result of preventative maintenance programs or repairs.
(ii) Yearly replacement costs for each piece of equipment shall be separated in accordance with their applicability to flow, BOD, and TSS. This breakdown shall be reviewed annually by the superintendent and approved by the city council/waterboard.
(iii) The yearly replacement costs shall be divided by the previous year's total billable flow in 1,000 gallons to obtain unit replacement charges.
(d) Toxics charges. For each user discharging toxics, the unit charge for toxics described in § 18-302(2) (b) (ii) of this ordinance shall be multiplied by the number of toxics assigned to be monitored by the City of Decherd.
(e) Handling and sampling charges. A unit handling charge per bill to cover the cost of billing and collection shall be assessed against each user. The total administrative and overhead costs associated with billing and collection shall be determined by the superintendent. To determine the charges to be assessed against each user, the superintendent will divide the total administrative and overhead costs by the forthcoming year's estimated total number of bills to be issued. Industrial users shall be charged an additional amount to cover the cost of wastewater monitoring, proportionate to the number of times per year their user class is sampled. This additional amount shall be determined as described in § 18-302(2) (b) (ii) of the ordinance.
(f) Additional charges. Additional charges shall be billed, as required, for the following:
(i) Actual costs incurred for user-requested samplings and analysis.
(ii) Actual costs incurred for water meter inspection requested by the user or as required because of improper maintenance.
18-20
(iii) Actual costs incurred for special handling not provided for elsewhere in this ordinance.
(iv) Actual costs incurred for handling a user's check returned because of insufficient funds.
(v) Surcharges for the discharge of wastes with strengths higher than expected from a normal domestic user.
(3) Wastewater treatment charges. (a) All users. (i) The basic wastewater treatment bill to be paid by all users shall consist of user charges for operation, maintenance, replacement, billing and collection as described in § 18-302 of this ordinance.
(ii) Two categories of charges will be used for calculating the monthly wastewater treatment bills: (A) cost for treating wastes of a quality falling into the range of what is normally expected of a domestic user, and (B) cost for treating waste of greater strength than is normally expected for a domestic user. The expected strength of normal wastes from a domestic user shall be considered less than 239 mg/l of BO D5 and 151 mg/l of TSS.
(iii) The users discharging wastes with strengths within the indicated levels shall be assessed monthly wastewater bills based on the user's billable flow. The users discharging wastes with strengths higher than the indicated levels shall be assessed surcharges based on the unit charges for BO D5 and TSS removal. The surcharges shall be in addition to the normal user charge.
(b) Industrial and commercial users. (i) In addition to the basic wastewater treatment bill described in § 18-302(3) (a) of the ordinance for the user charge system, wastewater treatment bills for industrial and commercial users shall consist of industrial waste monitoring charges as described in § 18-302(2) and (3) of the ordinance, and charges for toxics for each user discharging toxics, as described in § 18-302(2)(d) of the ordinance.
(ii) The city shall periodically sample and analyze wastes from selected users in each industrial and commercial user classification to determine the BOD and TSS strengths of the wastes and these results shall be used as representative of wastes from all users in that classification for billing purposes unless the user's waste is classified by the superintendent as having special problems causing interference with the treatment works requirements. At the request of the user, samples shall be made and analyzed on the same frequency as samples for the user's classification, and that analysis shall be used as typical of that particular user's waste for billing purposes. Industries with wastes classified by the superintendent as having special problems shall, if directed by the superintendent install, at the industry's own cost and in a structure located on the building service line,
18-21
whatever sampling devices are required by the superintendent to obtain exact information about the waste. Prior to installation, the entire matter shall be reviewed and approved by the city council/waterboard.
(c) Additional charges. Additional charges as described in § 18-304(2)(f) of the ordinance shall, if required be listed on the wastewater treatment bill.
(4) Wastewater treatment bill. (a) Bill period. A bill shall be produced and submitted to each user once each month.
(b) Payment of bill and discount. A five percent discount, on only the user charge portion of the wastewater treatment bill, shall be given for receipt of payment within fifteen (15) days of the date of billing. After the fifteen (15) day limit, the bill shall be due in full, taking into consideration a grace period to cover handling time by the collecting agent.
(c) Delinquent bills. (i) Any bill not paid four (4) weeks after date of billing shall be declared delinquent and a past due notice issued to the billed party. The past due notice shall contain an additional handling charge to offset all costs incurred for generating and issuing the past due notice. Additional past due notices containing their respective handling charges shall be issued, if necessary, eight (8) weeks and twelve (12) weeks after date of billing.
(ii) Should a bill be delinquent one hundred and twenty (120) days after the date of billing, the bill shall be referred to the attorney of the city for collection under the terms and conditions of § 18-306(2) of the ordinance.
(iii) Nonreceipt of any bill described in § 18-302(3) of the ordinance shall not release the user of liability for any of those charges. In any case where the user is responsible for the nonreceipt of the bill, the conditions herein described for late payment and penalties shall apply. In those instances where the City of Decherd is responsible for the nonreceipt of the bill, the city may, at its discretion, grant the user an extension of the discount period and late payment conditions described herein.
(5) Debt service. General tax revenues shall continue to be collected for general obligation bond principal and interest payments and for public benefit funds, and for any other purpose provided by law not related to the operation, maintenance, and replacement of the waste treatment works. (1972 Code, § 13-202)
18-303. Accounting. (1) User. (a) Monies. All user charge monies shall be placed in the general fund. Such monies shall be used only to cover
18-22
the costs of operation and maintenance, replacement, toxics, handling and sampling, and other costs as outlined in § 18-302(2) of the ordinance.
(b) Expenditures. Expenditures shall be made from the user charge monies by the superintendent in accordance with the detailed annual budget and ordinances authorized by the city council.
(c) Replacement reserve expenditures. Expenditures from the accrued replacement reserve on facilities shall be for making renewals to accommodate wear of physical elements and/or movable property that would result in an extended useful life or meet the anticipated useful life.
(d) Renewals. Renewals to accommodate wear of physical elements and/or movable property shall be capital expenditures that cause annual estimate for accrued reserves from depreciation and replacement to be evaluated in terms of extended useful life as a result of preventative maintenance programs or of such renewals. The expenditures to overcome physical and/or functional obsolescence shall be capitalized against the element of the facility and charged to the fixed-assets groups of accounts as an improvement to such element. Future estimates of accrued reserve requirements shall be evaluated and reflected in the replacement reserve requirements.
(e) Audit. An audit shall be performed annually by a certified public accountant. (1972 Code, § 13-204)
18-304. Sewage collection and treatment regulations. (1) Conditions for discharge into treatment system. (a) Public wastewater collection facilities are required to be used for the deposit of human wastes, garbage, or other liquid wastes that cannot be discharged into a receiving stream or disposed of in any other manner in accordance with federal and state statutes and state administrative regulations and approved by the Tennessee Department of Health and Environment.
(b) No building nor facility shall be connected to any sewer unless the entire property on which the building or facility is situated is located within the corporate limits of the City of Decherd, except as provided in § 18-304(5) of this ordinance.
(c) No person shall place, deposit, or discharge, or cause to be placed, deposited, or discharged, upon public or privately-owned property any wastewaters within the corporate limits of the city unless done so within adequately sized holdings facilities approved by all applicable federal, state and local agencies.
(d) No person shall deposit or discharge, or cause to be deposited or discharged, to any wastewater collection facilities, any solid, liquid, or gaseous waste unless through a connection approved under the terms of this ordinance.
(e) No person shall discharge any sewage, waste or material, industrial waste, or any polluted water into a stream or in the air or onto
18-23
the land, except where the person has made and provided for treatment of such wastes which will render the content of such wastes' discharge in accordance with applicable city, state, and federal laws, ordinances, and regulations.
(f) In case of natural outlet discharges, at the time construction of the waste treatment works is commenced, each owner or operator shall furnish the city an approved national pollutant discharge elimination system (NPDES) permit setting forth the effluent limits to be achieved by such pretreatment facilities and a schedule for achieving compliance with such limits by the required date. The NPDES permit shall be kept on file with the superintendent and updated by such information as periodically required by the city, local, state, and/or federal agencies.
(g) Any person owning property within the corporate limits of the City of Decherd and the property is improved with one or more residences, house, buildings, or structures for or intended for human use, occupancy, employment, or any other similar purpose whatever, and the property abuts on any street, alley, or right-of-way in which there is located a sewer within one hundred (100) feet from the nearest property line shall, within one hundred eighty (180) days after such sewer is in service, at his expense install suitable toilet and waste disposal facilities in the residences, houses, buildings or structures and connect the facilities with the sewer in accordance with the terms and provisions of the ordinance; provided, however, that in the event compliance with this section of the ordinance causes economic hardship to the person, he may apply to the city for exemption. An application for exemption shall state in detail the circumstances which are claimed to cause the economic hardship. Exemptions shall only be granted to residential users and shall not apply to commercial and industrial users. Any connection to the sewer under this ordinance shall be made only if the city determines that there is capacity, including BOD and TSS capacity, available in all downstream sewer lift stations and sewer lines and in the treatment plant.
(h) Disposal into the sewer system of any pollutant by any person is unlawful except in compliance with the Clean Water Act (PL95-217), and any more stringent state and local standards.
(i) Persons described in § 18-304(1)(e) through (h) of this ordinance shall not avoid connection to the sewer by reason of the actual distance between the building or structure and the connecting point of the sewer line.
(2) Prohibited pollutants. (a) No person shall discharge or cause to be discharged any storm water, foundation drainwater, groundwater, roof runoff, surface drainage, or unpolluted industrial cooling waters to any sewer connected to the city's waste treatment plant.
18-24
(b) No person shall introduce into the publicly owned treatment works any of the following pollutants which acting either alone or in conjunction with other substances present in the POTW interfere with operation of the POTW as follows.
(i) Any liquids, solids, or gases which by reason of their nature to quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or to be injurious in any other way to the POTW or to the operation of the POTW. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, alcohols, ketones, sulfides and any other substances by which the city, the state, or EPA has notified the user is a fire hazard or a hazard to the system.
(ii) Any waters or wastes containing radioisotopes.
(iii) Any garbage that has not been properly shredded.
(iv) Solid or viscous substances which may cause obstruction to the flow of any sewer or other interference with the operation of the wastewater treatment facilities such as but not limited to: grease, garbage with particles greater than one-half inch and any dimension, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass, clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grindings or polishing waste.
(v) Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive properties capable of causing damage or hazard to sewers, structures, equipment or personnel of the waste treatment works.
(vi) Any waters or waste containing any toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, such as but not limited to the unit operations, sludge, handling, sludge disposal, pass through of pollutants, violation of NPDES permit, or that would constitute a hazard to humans or animals, or that could create any hazard in the receiving waters of the sewage treatment plant.
(vii) Any waters or wastes containing BOD or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(viii) Any noxious or malodorous gas or substance capable of creating a public nuisance.
18-25
(ix) Any amount of the following constituents exceeding that listed below:
(A) Compatible wastes - The maximum effluent concentrations for discharge of compatible waste into the municipal sewerage system are as follows:
TABLE NO. 1
Parameter |
Maximum Daily Average* Concentration (mg/l) |
Maximum Instantaneous** Concentration (mg/l) |
Biochemical Oxygen Demand (5 Day) |
1500 |
2000 |
Chemical Oxygen Demand |
2500 |
3500 |
Settle able Solids (ml/l) |
15 |
20 |
Total Suspended Solids |
1500 |
2000 |
Total Dissolved Solids |
5000 |
7500 |
Nitrogen (Total Kjeldahl) |
60.0 |
90.0 |
* Based on 24-hour flow proportional composite samples.
** Grab Sample.
18-26
(B) Incompatible wastes - The maximum effluent concentrations for discharge of incompatible waste into the municipal sewerage system are as follows:
TABLE NO. 2
Parameter |
Maximum Daily Avg.*** Concentration (mg/l) |
Maximum Instantaneous**** Concentration (mg/l) |
Incompatible Wastes |
Antimony |
5.0 |
8.0 |
Arsenic |
1.0 |
1.5 |
Barium |
1.0 |
1.5 |
Cadmium |
1.0* |
1.5 |
Chromium (total) |
0.5* |
1.0 |
Copper |
1.0* |
1.5 |
Cyanide |
1.0* |
1.5 |
Iron |
5.0 |
7.5 |
Lead |
1.0* |
1.5 |
Mercury |
0.1 |
0.2 |
Nickel |
3.0* |
4.5 |
Selenium |
0.1 |
0.2 |
Silver |
1.0 |
1.5 |
Zinc |
2.0* |
3.5 |
Pesticides |
BDL** |
|
Phenols |
10.0 |
15.0 |
Surface Active Agents (as MBAS) Non-Biogradable |
5.0 |
8.0 |
Hexane or Either Soluble Substances |
100.0 |
150.0 |
Total Oil |
50.0 |
80.0 |
* Conditions established by Table No. 3 must be satisfied in order for user to discharge levels stipulated in this table.
** BDL-Below detectable limit.
*** Based upon 24-hour flow-proportionate composite samples.
**** Grab sample.
18-27
(C) Total waste load - The total waste load discharged must not be such as to overload, inhibit or disrupt treatment processes at the treatment plant. The maximum concentrations in the influent to the treatment plant shall be as follows:
Protection Criteria
Parameter |
Daily Manimum (ug/l) |
Monthly Average (ug/l) |
Biochemical Oxygen demand (5) day |
|
|
Total Suspended Solids |
|
|
Nitrogen (Total Kjeldahl) |
|
|
Boron |
|
|
Cadmium |
3.0 |
0.025 |
Chromium (Hexavalent) |
70 |
1.0 |
Chromium Total |
|
|
Copper |
33 |
22 |
Cyanide |
52 |
3.5 |
Lead |
170 |
3.8 |
Nickel |
1,840 |
96 |
Zinc |
320 |
47 |
BDL: Below detectable limit |
|
|
Chromium, Trivalent |
4,700 |
470 |
Mercury |
4.1 |
0.02 |
Selenium |
260 |
35 |
Silver |
4.0 |
2.0 |
(x) No provisions of § 18-204(2) of this ordinance shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by the U. S.
18-28
Environmental Protection Agency or the Tennessee Department of Health and Environment.
(3) Pretreatment. (a) Grease, oil, and sand interceptors or retainers shall be installed by the user at its own expense when, in the opinion of the superintendent, such are necessary for the proper handling of any flammable wastes, and of such other harmful ingredients. Such interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the superintendent.
(b) Where installed, all grease, oil, and sand interceptors shall be maintained by the user, at his own expense, and shall be kept in continuous and efficient operation at all times.
(c) In the event the city approves the admission of any materials into its sewers within the limits as set forth in § 18-304(2)(b)(ix) of the ordinance, the city shall direct the user causing admission of any such materials to at his own expense, construction, install, and operate such pretreatment plants and facilities as may be required in order to:
(i) Reduce the BOD to 239 parts per million and the suspended solids to 151 parts per million by weight.
(ii) Reduce objectionable characteristics or constituents to within the maximum limits provided.
(iii) Control the quantities and rates of discharge of such waters or wastes.
(d) No pretreatment plant and facility shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance shall conform to all city, U. S. Environmental Protection Agency, Tennessee Department of Health and Environment, and any other local, state, or federal agency having regulatory authority with respect thereto.
(e) All such pretreatment facilities as required by the ordinance shall be maintained continuously in satisfactory and effective operating condition by the user or person operating and maintaining the facility served thereby, and at the user's expense.
(f) There shall not be any exceptions, or variances to § 18-304(2) for discharge of the "prohibited pollutants".
(g) The city reserves the right to reject admission to the system of any waste harmful to the treatment or collection facilities or to the receiving stream.
(h) All industrial users here or now after shall become subject to national pretreatment standards promulgated by the environmental protection agency.
(4) Private sewage treatment and disposal. (a) Where a public sewer is not available, as set forth in § 18-304 of the ordinance, the building or
18-29
structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable town, county, state, and federal laws and regulations.
(b) Within one hundred eighty (180) days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 18-304(1)(g) of the ordinance, a direct connection shall be made to the public sewer according to the terms and provisions of the ordinance, and all private sewers, disposal systems, septic tanks, cesspools, and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned and all openings, tanks, or other containers of human wastes, garbage and other wastes shall be permanently filled with granular material.
(c) The City of Decherd shall not be responsible in any way for the operation and maintenance of a private sewer or disposal system or facility.
(d) No provisions of the ordinance shall be construed to provide lesser requirements for private sewers and disposal systems as are presently or may hereafter be imposed and required by any other local governmental body or the state or federal government.
(5) Service to outlying territory. (a) The City of Decherd, by proper resolution of the city council/waterboard, shall have the right at its discretion, upon payments, terms and conditions as may be mutually agreed upon, to contract in writing for the right to use any sewer serving property located wholly or partly outside the city's corporate limits.
(b) In the event a contract is made pursuant to § 18-304(5)(a) of the ordinance, a user of any sewer serving property wholly or partly outside the city's corporate limits shall be subject to all of the terms and provisions of this ordinance, and in addition to all payments and charges, be required to pay all equivalent costs, taxes, charges, and expenses as would be imposed upon and paid by a user situated within the corporate limits of the city.
(c) If any property of a person desirous of becoming a user is situated outside the corporate limits of the city and not contiguous thereto so that it may not properly be annexed to and become part of the city's corporate limits, the city, at its discretion, may permit such a connection, provided that a contract providing essentially the following be entered into between the city and the user:
(i) The user may connect buildings situated only on the fully-described tract set forth in the agreement and in accordance with all applicable laws, ordinances, and regulations of the town, state, and federal governments.
(ii) The wastes and material discharged shall meet all present and future standards for content and volume, and the user
18-30
shall further agree to pay all future connections, user, and treatment or service charges which are applicable to all property and users uniformly.
(iii) The user, his successors and assigns, shall, in addition to costs noted previously, pay annually an amount equivalent to city taxes computed in the manner following:
(A) The equalized, assessed value of the user's taxable property, or of any subdivided part or separate tract thereof, as determined by proper authority of Franklin County, Tennessee, shall be multiplied by the city's rate of tax upon real estate and personal property situated within its corporate area for the year, when the tax rate is determined.
(B) The amount, when computed by the city, shall be charged to the user, its successors and assigns, and the statement sent to the user shall be paid within thirty (30) days after the date of sending. Any amount remaining unpaid after due date shall draw interest at the rate of ten percent (10%) per annum until paid.
(C) The amount computed for the use shall be prorated from the date of the contract if the user used the sewer system for only a partial year.
(D) If the user, or any successor or assigns thereof, shall fail to pay the amount when due, each and every sewer upon the property, or any subdivided tract thereof, for which payment is not made shall be disconnected by the owner from any other sewer which was connected under the contract and ultimately attaches to the city treatment plant. The user shall have caused or required its sewer system to be constructed within the property in order that separate tracts may be so disconnected, and hereby gave and granted the city an irrevocable easement for the purpose of going upon the same and disconnecting any such sewer if the producer, its successors or assigns, fails to disconnect promptly when such is required.
(E) In addition to the right of disconnection, city shall have a lien upon the property or subdivided portion of it in the amount of any unpaid charges due therefrom. Upon the filing of notice, the lien shall be deemed perfected, and the lien may be charged and redeemed, or foreclosed and the property sold to satisfy the unpaid charges in accordance with the Tennessee statutes.
(F) The city shall have the additional right to file a civil suit to recover the amount of the lien, the full cost
18-31
incurred in disconnection, and all its reasonable legal expenses and attorney's fees incurred as a result of the suit.
(G) All amounts charged under § 18-304(5)(c) of this ordinance are due and shall continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the city is paid in full for all amounts due it, and, in addition, the city shall be paid a deposit equal to the estimated charge for the next succeeding year. This deposit shall be held by the city in escrow, and will be returned upon satisfactory payment of amounts due the city for a period of two years.
(iv) The city shall not, without its prior written consent and acceptance, have dedicated to it, or own, any sewer system installed within the property, and the producer, its successors and assigns, shall maintain the same as its own cost; provided, however, that this provision shall not be construed to prohibit the dedication of part or all of said sewer system to another unit of government.
(v) Upon conveyance by the owner of all or any subdivided portion or tract of said property, the successor in title shall succeed to all rights and liabilities hereunder, and said owner shall have no future liability to the city thereunder in respect to such tract except as shall have accrued as of the date the instrument of conveyance is recorded in the Office of the Register of Franklin County, State of Tennessee.
(vi) In the event that such property therein described, or any subdivided or separate tract thereof, shall be annexed to the City of Decherd by proper ordinance, then the agreement executed pursuant to § 13-304(5)(c) of this ordinance, as to such property or the subdivided or separate tract thereof which is so annexed, shall then terminate and be of no further force and effect.
(vii) The agreement executed under § 18-304(5)(c) of this ordinance shall be recorded in the Office of Register of Franklin County, State of Tennessee, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions, and to which any subsequent conveyance or assignment of the owner shall be subject.
(viii) If any part or provision of the agreement shall be found or held by a court of competent jurisdiction to be invalid or unenforceable, then the entire agreement shall terminate and all sewers of the owner or its successors or assigns shall be promptly disconnected from any such system which ultimately connects to the city's waste treatment plant.
18-32
(ix) The applicant for treatment service under an agreement pursuant to § 18-304(5)(c) of this ordinance shall agree to assume user charges, and capital surcharge, if applicable, and to obtain from the city the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the treatment system.
(6) Discharge permits. (a) The City of Decherd reserves the right to require a discharge permit from commercial or industrial users of the sewer, and, if the city does exercise the option, commercial or industrial users shall not discharge to a sewer without having first applied for and obtained a permit from the city. Upon official notification from the city, each commercial or industrial user presently discharging material to the sewer shall apply for and obtain such a discharge permit within ninety (90) days from the date of such notification.
(b) Commercial and industrial classification codes set forth in the Standard Industrial Classification Manual, 1972 Edition, as amended and supplemented, are adopted by the city council/waterboard as the basis for the issuance of discharge permits for building connections to a sewer.
(c) The application for a discharge permit shall be made on a form provided for that purpose by the city and shall be fully completed under oath by the property owner, user, or a duly authorized and knowledgeable officer, agent, or representative thereof, and acknowledged. If requested, the person making application shall also submit such scientific or testing data, or other information, as may be required by the city council/waterboard. The superintendent shall also have, at his discretion, the right to personally inspect the premises, equipment and material, and laboratory testing facilities of the applicant. In support of the application, the user shall submit the following information:
(i) Name, address and standard industrial classification (SIC) of the applicant.
(ii) Volume of wastewater to be discharged.
(iii) Constituents and characteristics of the wastewater discharge.
(iv) Time and duration of discharge.
(v) Average and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations.
(vi) Site and floor plans with all mechanical and pumping plans and details to show all sewer and appurtenances by size, location and elevation.
(vii) Description and quantities of all materials on the premises which are, or could be, discharged.
18-33
(vii) Number and type of employees, and hours of work.
(ix) Each product produced by type, amount and rate of production.
(x) Any other information as may be deemed necessary for the permit evaluation by the City of Decherd or its representatives.
(d) No fee shall be charged for a discharge application or permit.
(e) No discharge permit shall be issued by the city to any person whose discharge of material to sewers, whether shown upon the application to be determined after inspection and testing conducted by the superintendent, is not in conformance with federal, state, or town statutes, ordinances, rules and regulations.
(f) In the event the type of volume of material from property for which a discharge permit was previously granted shall materially and substantially change, the person granted such permit previously shall make a new application to the city, in the same manner and form as originally made.
(g) If the application for a new permit or for one because of change in the type or volume of material discharge is denied by the superintendent, or if the discharge indicated from the permit application or inspection is not in accordance with the requirements of § 13-304(6)(e) of this ordinance the user may have the city council/waterboard review the denial, provided the user shall give written notice of his request within thirty (30) days after receiving the denial. The city council/waterboard shall review the permit application, the written denial, and such other evidence and matters as the applicant and superintendent shall present at its next regular meeting following receipt of request for its review, and the decision of the city council/waterboard rendered publicly at said meeting shall be final.
(h) In the event that any discharge of material to a sewer shall materially and substantially differ in type and volume than shown in the application and permit, the person and user shall immediately, upon order of the city council/waterboard, cease and desist from such discharge and shall also be subject to disconnection, fine, and other penalties provided by this ordinance.
(i) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this ordinance and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this ordinance, and applicable state and federal regulations. Permit conditions will include the following:
(i) The unit charge or schedule of the user charges and fees for the wastewater to be discharged to the system.
18-34
(ii) The average and maximum wastewater constituents and characteristics.
(iii) Limits on rate and time of discharge or requirements for flow regulations and equalization.
(iv) Requirements for installation of inspection and sampling facilities, and specifications for monitoring programs.
(v) Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
(vi) Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
(vii) Compliance schedules.
(viii) Other conditions to ensure compliance with this ordinance.
(j) Duration of permits. Permits shall be issued for a specified time period, not to exceed (five) years. A permit may be issued for a period of less than (one) year, or may be stated to expire on a specific date. If the user is not notified by the superintendent 30 days prior to the expiration of the permit, the permit shall automatically be extended for 3 months. The terms and conditions of the permit may be subject to modification and change by the City of Decherd during the life of the permit as limitations or requirements as identified in § 18-304(2) are modified and changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(k) Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
(l) Revocation of permit. Any user who violates the following conditions of his permit or of this ordinance, or of applicable state and federal regulations, is subject to having his permit revoked. Violations will be reviewed by the city council/waterboard prior to any revocations. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
(i) Failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
(ii) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(iii) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,
18-35
(iv) Violation of conditions of the permit.
(7) Construction of sewers and connections for buildings. (a) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Decherd. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(b) A construction permit shall first be applied for and obtained from the city before a person, after the effective date of this ordinance, can connect to any sewer located on properties within the corporate limits of the city or on properties outside the city where services have been contracted for with the city.
(c) Construction permits shall not be issued unless it has been determined by the city that there is capacity available in all downstream sewerage facilities.
(8) Reporting criteria for nonresidential users. (a) The City of Decherd reserves the right to require any nonresidential user to submit quarterly to the city, on forms provided by the city, a certified discharge report of the characteristics of its industrial wastes discharged in the sewers and treatment works of the city or to any sewers connected to its treatment works. This discharge report shall be filed with the superintendent no later than the tenth (10) day of the month following the quarter for which the report is required.
(b) The discharge report shall include, but, in the discretion of the superintendent, shall not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information which relates to the generation of waste. Such reports should also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged. In addition to discharge reports, the superintendent may require information in the form of self-monitoring reports. All changes that increases demands on the user shall be approved by the city council/waterboard prior to enforcement.
(c) All industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as are necessary to demonstrate the compliance with the requirements of this ordinance and any applicable state or federal pretreatment standard or requirements. Such records shall be made available upon request to the superintendent. All records
18-36
relating to compliance, with pretreatment standards and results of the sampling programs shall be made available to representatives of the City of Decherd, the state and federal agencies upon demand. A summary of such data indicating the industrial user's compliance with this ordinance shall be prepared quarterly and submitted in conjunction with the above described discharge report to the superintendent.
(d) Should there be a difference in understanding between the city and user as to the characteristics in § 18-304(8) of this ordinance, the city reserves the right to use the city results from analysis for purposes of billing. Should submission not be made during the ten (10) day period, the city shall use its results from analysis for purposes of billing.
(e) Whenever required by the city, the owner of any property serviced by a building sewer carrying nonresidential wastewater and material shall install a large manhole or sampling chamber in the building sewer in accordance with plans and specifications approved by the superintendent and installed and maintained at all times at the user's expense. There shall be ample room in each sampling chamber to accurately sample and composite samples for analysis. The chamber shall be safely, easily, and independently (of other premises and buildings of user) accessible to authorized representatives of the city at all times.
(f) Each sampling chamber shall contain a parshall flume, weir, or similar device with a recording and totalizing register for measuring liquid quantity; or the metered water supply to the industrial plant may be used as measure of liquid quantity where it is substantiated by the superintendent that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the superintendent is made in the metered water supply to determine the liquid waste quantity.
(g) Samples shall be taken every hour or half hour, as determined by the superintendent and approved by the water commissioner, and properly refrigerated and composited in proportion to the flow for a representative twenty-four (24) hour sample period. Such sampling shall be done as prescribed by the superintendent to insure representative quantities for the entire reporting period. Minimum requirements for determination of representative quantities or characteristics shall include re-evaluation during each twelve (12) month period. The determination of representative quantities and characteristics shall include not less than seven (7) consecutive calendar days of twenty-four (24) hour composite samplings taken during periods of normal operation, together with acceptable flow measurements.
(h) The sampling frequency, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject, at any time, to inspection and verification by the superintendent.
18-37
(i) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the standard methods specified in § 18-307 of this ordinance or with any other method approved by the city council/waterboard.
(j) The city council may elect, at its option, to have the metering and sample collection done by the industrial plant personnel and have composite samples delivered to the city's laboratory for analysis. This procedure can also be terminated at any time by the city council/waterboard upon reasonable notice.
(k) Protection from accidental discharge. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this ordinance. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the superintendent for review, and shall be approved by the city council before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this ordinance.
(l) Reporting of accidental discharge. If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitations in this ordinance, the facility responsible for such discharge shall immediately notify the superintendent so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the superintendent detailing the date, time and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible industrial facility within five (5) days of the occurrence of the noncomplying discharge.
(9) Septic haulers. (a) Non-industrial users hauling to the treatment plant shall be assessed user charge unit charges for billable flow, billable BOD and billable TSS; the volume of which is determined by t he superintendent.
(b) Industrial users hauling liquid wastes to the treatment plant shall be assessed user charges as described in § 18-304 (8)(a) and
(c) of this ordinance.
(c) Liquid wastes hauled to the treatment plant containing concentrations of constituents in excess of the limits set forth in § 18-304(2) of this ordinance shall not be accepted. (1972 Code, § 13-204)
18-305. Enforcement. (1) Inspection rights. Any duly authorized employee or agent of the City of Decherd or the Tennessee Department of Health
18-38
and Environment bearing proper credentials and identification shall be permitted at any time to enter upon all properties within the corporate limits of the city or outside a city, that has contracted for wastewater treatment service, for the purpose of inspecting, observing, measuring, sampling, and testing, as may be required in pursuance of the implementation and enforcement of the terms and provisions of this ordinance.
(2) Liability during inspections. While performing the necessary work on private properties referred to in § 18-305(1) of this ordinance, the duly authorized employees of the city shall observe all safety rules applicable to the premises established by the commercial or industrial user, and the user shall be held harmless for injury or death to the city, and the city shall indemnify the user against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions. (1972 Code, § 13-205)
18-306. Penalties. (1) Violations of regulatory provisions. (a) Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a forfeiture in the amount not to exceed fifty dollars ($50.00) for each violation in accordance with Tennessee Code Annotated § 6-2-202. For the purpose of this section, each day that a violation exists or continues shall constitute a separate offense
(b) A person who is subject to a forfeiture for violating any provision of this ordinance may be committed to the county jail until the forfeiture and costs are paid; provided, however, that no such incarceration shall exceed ten (10) days for any one violation. For each day of confinement, the committed person shall be allowed, exclusive of his board, a credit of five dollars ($5.00) toward the forfeiture and costs. The board bill shall be added to other costs demanded.
(c) Any person who shall violate any provision of this ordinance shall also be:
(i) Liable to the city for all costs, expenses, loss, or damage, if any, incurred by the city as a result of such violation.
(ii) Subject to immediate disconnection of the sewer serving the property upon or in connection with which the violation occurred.
(iii) Subject to a lien upon said property in the amount of any costs described in § 18-306(1)(c)(i) of this ordinance.
(2) Nonpayment of bills. (a) Lien. Whenever wastewater treatment bills or capital surcharge bills become delinquent as set forth in § 18-302 of this ordinance, the same shall become and constitute a lien upon the real estate to which sewer service is supplied pursuant to the terms and
18-39
provisions of Tennessee Code Annotated § 7-35-414. Statements rendered for such charge shall be deemed notice to all parties, whether or not the person charged with the statement is the owner of the property served. The claim for lien shall be made in the form of a sworn statement setting forth:
(i) A description of the real estate, sufficient for the identification thereof, upon or for which the sewerage service was supplied;
(ii) The amount or amounts of money due for such sewage service; and,
(iii) The date or dates when such amount or amounts became delinquent. If all amounts shown due remain unpaid after recording as provided by state statutes, the city council may foreclose the lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate.
(b) Civil action. In the alternative of levying a lien, the city may, at its discretion, file suit in a civil action to collect such amounts as are delinquent and due against the occupant or user of the real estate and shall collect, as well, all attorney's fees incurred by the city in filing the civil action. Such attorney's fees shall be fixed by order of the court.
(c) Interest. In addition to all penalties and cost attributable and chargeable to recording notices of the lien or filing a civil action, the owner or user of the real estate being served by the treatment works shall be liable for interest upon all unpaid balances at the rate of ten percent (10%) per annum.
(d) Filing fees. In all cases where the sewer user charge payment has become delinquent and city council elects to file a statement thereof in the Office of Register, as hereinabove set forth, there shall be added to the amount due the city such charges and expenses as are necessary and required to verify the legal description of the property to which the lien is to attach, plus a sum established by the city council as sufficient to cover the cost of preparation of such notices and forms required. In each instance, the superintendent or a duly appointed employee of the city shall be authorized and directed to include such additional costs in the amount claimed due the city in the notice of lien.
(e) Revocation of permits and disconnecting of service. The city council reserves the right to revoke discharge permits and to disconnect service to any user whenever wastewater treatment or capital surcharge bills become delinquent.
(f) Deposit of future payments. All amounts charged under § 18-305(2) of this ordinance continue to be due hereunder, whether or not said sewer is disconnected, and no sewer shall be reconnected until the city is paid in full for all amounts due it, and in addition there shall be paid to the city a deposit equal to an estimated amount of such charge
18-40
for the next succeeding year. Such a deposit shall be held by the city in escrow, and will be returned upon satisfactory payment of all bills for a period of two years. (1972 Code, § 13-206)
18-307. Definitions. For the purpose of this ordinance, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The words "shall" is mandatory and not directory, while the word "may" is permissive.
(1) "Accrued reserves" shall mean a method of keeping accounts of the segregated resources over several years to determine the funds available to offset capital expenditures to maintain an ongoing, on-line waste treatment facility.
(2) "Act" shall mean the Federal Water Pollution Control Act Amendments of 1972, as amended, Public Law 92-500, as amended, 33 U.S.C. paragraph 1251 et seq. (Supp. IV 1974).
(3) "Administrator" shall mean the Regional Administrator of Region 4 of the U. S. Environmental Protection Agency.
(4) "Audit" shall mean an audit as a separate report from other funds and shall cover the following:
(a) Financial operations are properly conducted;
(b) Financial reports are presented fairly;
(c) Applicable laws and regulations have been complied with;
(d) Resources are managed and used in an economical and efficient manner; and,
(e) Desired results and objectives are being achieved in a financially effective manner.
(5) "Authorized expenditures" shall mean those expenditures authorized by the city council and made payable from the accounts kept for the expenditures of charge system. Expenditures from the reserve funds shall be limited to those for which the fund was created.
(6) "Billable biochemical oxygen demand (BOD)" shall mean a user's loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste as determined by the superintendent. Minimum waste strength of BOD shall be the domestic waste concentration of two hundred and thirty-nine (239) milligrams per liter for the purpose of the user billing for user charges.
(7) "Billable flow" shall mean a user's recorded monthly water usage as metered by the appropriate water utility, plus metered water from wells and other sources, and less any sewer-exempt metered data, times the city approved percentage factor for wastewater entering the sewer system out of the metered water. Residential users on unmetered wells and users with no history of billable flow shall have their billable flow estimated by averaging the billable flow of other residential users of the same class.
18-41
(8) "Billable total suspended solids (TSS)" shall mean a user's loading in pounds of TSS calculated using the billable flow and concentration of TSS in the waste as determined by the superintendent. Minimum waste strength of TSS shall be the domestic waste concentration of one hundred and fifty-one (151) milligrams per liter for the purpose of billing for user charges.
(9) "Biochemical oxygen demand (BOD)" shall mean the quantity of oxygen, expressed in milligrams per liter (mg/l) utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20 degrees centigrade.
(10) "Building drain - sanitary" shall mean that part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only is located inside the walls of a building and conveys the sewage to the building sewer, which begins three (3) feet outside the building wall.
(11) "Building drain - storm" shall mean that part of the lowest horizontal piping of a drainage system which receives stormwater or other clearwater discharge, but receives no wastewater from sewage or other drainage pipes, and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three feet outside the building wall.
(12) "Building sewer - sanitary" shall mean the extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a house connection.
(13) "Building sewer - storm" shall mean the extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clearwater drainage, but no sanitary or industrial sewage. This is also known as a house connection.
(14) "Categorical standards," national pretreatment standards.
(15) "Classes of users" means the division of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial, or governmental.
(16) "Collection sewer" shall mean a sewer whose primary purpose is to collect wastewaters from individual point source discharges.
(17) "Combined sewage" shall mean a combination of both wastewater and storm or surface water.
(18) "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water.
(19) "Commercial user" shall mean, for the purpose of the user charge system, a user engaged in the purchase or sale of goods or in a transaction or business or who otherwise renders a service.
(20) "Compatible pollutant" means BOD, suspended solids (SS), Ph, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit, if the publicly-owned treatment works was designed to treat such pollutants and, in fact, does remove them to a substantial degree.
18-42
(21) "Deposited" shall mean placing funds in control of the city council, of the City of Decherd and, if said deposit is in the form of a bank check, deposit shall not be deemed collected within this definition until the applicable rules of the bank's collection procedures are fulfilled.
(22) "Depreciation" shall mean an annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of real and personal properties.
(23) "Dissolved solids" shall mean that concentration of matter in the sewage consisting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution.
(24) "City" shall mean the City of Decherd, Tennessee.
(25) "Superintendent" shall mean the administrator of the water and sewer department.
(26) "Domestic level user or residential user" shall mean, for the purpose of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities of its inhabitants.
(27) "Easement" shall mean an acquired legal right, less than fee simple, for the specific use of land owned by others.
(28) "Fecal coliform" shall mean any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
(29) "Floatable oil" shall mean oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
(30) "Force main" shall mean a pipe in which wastewater is carried under pressure.
(31) "Functional betterment" shall mean a process improvement in the increased size facilities or a process improvement in existing facilities that is directly anticipated to preclude physical betterments or is an indirect improvement to the process as a result of renewal on a cost effective basis.
(32) "Functional obsolescence" shall mean the process deficiency of a functional element of a plant beyond the capacity of a preventative maintenance program to such extent that a new process device or piece of equipment would be more cost effective.
(33) "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the commercial handling, storage, and sale of produce.
(34) "Incompatible pollutant" shall mean any non-treatable waste product including non-biodegradable dissolved solids.
(35) "Industrial user" shall mean, for the purpose of the user charge system, a manufacturing or processing facility which is engaged in a production or profit-making venture. An industrial user is a source of indirect discharge
18-43
which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act.
(36) "Infiltration" shall mean the water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.
(37) "Infiltration/inflow" shall mean the total quantity of water from both infiltration and inflow without distinguishing the source.
(38) "Inflow" shall mean the water discharge into a sanitary sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders; cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers and/or combined sewers; catch basins; storm waters; surface runoff; street wash waters, or drainage. Inflow does not include, and is distinguishable from infiltration.
(39) "Interceptor sewer" shall mean a sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
(40) "City council" shall mean the governing body of the City of Decherd of Board of Water Works and Sewage Commissioners when established. Not applicable where taxes and ordinances must be acted upon.
(41) "National pollution discharge elimination system or NPDES permit" shall mean a permit issued to a wastewater treatment plant pursuant to Section 402 of the Act.
(42) "National pretreatment standards or pretreatment standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act which applies to industrial users.
(43) "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or ground water.
(44) "Normal domestic strength sewage," as defined for the purposes of the ordinance, shall mean wastewater or sewage having an average daily suspended solids (SS) concentration of not more than one hundred and fifty-one (151) milligrams per liter and an average daily BOD of not more than two hundred and fifty-one (251) milligrams per liter.
(45) "Operation and maintenance costs" shall include all costs, direct and indirect, not including debt service but inclusive of expenditures attributable to administration, replacement of equipment, and treatment and collection of wastewater, necessary to insure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long term facility management.
18-44
(46) "Person" shall mean any individual, firm, company, association, society, corporation, or group discharging any wastewater to the wastewater treatment facility.
(47) "Personal property" shall mean, for the purpose of the user charge system, all equipment owned by the City of Decherd, and used in the transport and treatment of sewage. Such equipment must be mechanical, electronic, or electrical or have movable parts.
(48) "Ph" shall mean the term used to express the intensity of the acid or base condition of a solution, calculated by tanking the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
(49) "Physical betterment" shall mean the expansion of a physical facility to increase capacity of the treatment works.
(50) "Physical obsolescence" shall mean the material deficiency of a functional element of a treatment plant to a point that repair as normal or preventative maintenance is not cost-benefit effective.
(51) "Pretreatment" shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutant into a wastewater system. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6 (d).
(52) "Private sewer" shall mean a sewer which is not owned by the City of Decherd.
(53) "Public sewer" shall mean a sewer which is owned and controlled by the City of Decherd and is separate from and does not include sewers owned by other governmental units.
(54) "Pumping station" shall mean a station positioned in the public sewer system at which wastewater is pumped to a higher level.
(55) "Real property" shall mean, for the purpose of the user charge, all fixed physical facilities owned by the City of Decherd and used in the transport and treatment of sewage which do not have movable parts, such as buildings, tanks, sewers, structures and the like.
(56) "Renewal costs" shall mean the expenditures from reserve funds or other funds to overcome physical and/or functional consumption of plant capacity of function or obsolescence of same, in order that the equivalent in function of plant is present at the end of the anticipated useful life.
(57) "Replacement costs" shall mean the expenditures for obtaining and installing equipment, accessories, or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance costs," as defined in § 18-307(45) of this ordinance, includes replacement costs.
18-45
(58) "Replacement reserve" shall mean an account for the segregation of resources to meet capital consumption of personal or real property.
(59) "Sanitary sewer" shall mean a sewer which carries only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions and to which storm, surface, and ground water are not intentionally admitted.
(60) "Sewage" shall mean the combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
(a) "Sanitary sewage" shall mean the combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
(b) "Industrial sewage" shall mean a combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment and shall include the wastes from pretreatment facilities and polluted cooling water.
(c) "Combined sewage" shall mean wastes, including sanitary sewage, industrial sewage, stormwater, infiltration, and inflow carried to the wastewater treatment facilities by a combined sewer.
(61) "Shredded garbage" shall mean garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.25 centimeters) in any dimension.
(62) "Sludge" shall mean any discharge of water or wastewater in concentration of any given constituent or in any quantity of flow which exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the allowable concentration of flows during a normal working day (i.e., 1, 2, or 3 shift operation) and shall adversely affect the collection system and/or performance of the wastewater treatment works.
(63) "Standard industrial classification," a classification pursuant to the Standard Industrial Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(64) "Standard methods" shall mean the laboratory procedures set forth in the following sources: Standard Method for the Examination of Water and Wastewater, 13th Edition, as amended, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation; Methods for Chemical Analysis of Water and Wastes, 1971, prepared and published by the Analytical Quality Control Laboratory, U.S. Environmental Protection Agency; "Guidelines Establishing Test Procedures for the Analysis of Pollutants," enumerated in 40 E.F.R., paragraph 136.1 et. seq. (1975), as amended; and/or any other procedures
18-46
recognized, by the U.S. Environmental Protection Agency and the Tennessee Department of Health and Environment.
(65) "Storm sewer" shall mean a sewer that carries only storm waters, surface run-off, street wash, and drainage and to which sanitary and/or industrial wastes are not intentionally admitted.
(66) "Summer quarter" shall mean the user's quarter starting in June, July, or August and ending accordingly in August, September, or October.
(67) "Suspended solids (SS) or total suspended solids (TSS)" shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and is removable by laboratory filtration as prescribed in the "standard methods" enumerated in § 18-307(64) of this ordinance.
(68) "Total solids" shall mean the sum of suspended and dissolved solids.
(69) "Toxic amount" shall mean concentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 807(a) of Public Law 92-500, as amended.
(70) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of 33 USC 1317.
(71) "Unpolluted water" is water of a quality equal to or better than the effluent criteria in effect, or water that is of sufficient quality that it would not be in violation of federal or state water quality standards if such water were discharged into navigable waters of the state. Unpolluted water would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
(72) "Useful life" shall mean the anticipated term in years of physical and/or functional productivity of elements and/or the whole of the wastewater treatment system which can be reevaluated as a result of preventative maintenance, renewal which offsets physical and/or functional obsolescence, renewal of capital elements due to consumption, and physical and/or functional betterments, direct or indirect.
(73) "User" shall mean any person, firm, corporation or governmental entity that discharges, causes or permits the discharge of wastewater to a community sewer.
(74) "User charge system" shall mean the system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.
(75). "Volatile organic matter" shall mean the material in the sewage solids transformed to gases or vapors when heated at five hundred (500) degrees centigrade for fifteen (15) minutes.
18-47
(76) "Wastewater treatment works" shall mean the structures, equipment, and processes required to collect, transport, and treat any domestic and industrial wastes and to dispose of the effluent and accumulated residual solids.
(77) "Watercourse" shall mean a natural or artificial channel for the passage of water, either continuously or intermittently.
(78) "Water works" shall mean all facilities for water supply, treatment, storage reservoirs, water lines, and services and booster stations for obtaining, treating, and distributing potable water.
(79) "24-hour flow proportional composite sample" shall mean a sample containing several effluent portions collected during a 24-hour period in which the portions of sample are proportional to the flow and combined to form a representative sample.
(80) "Biochemical oxygen demand (BOD)" shall mean the quantity of oxygen utilized in a biochemical oxidation of organic manner under standard laboratory procedure, five days at 20°C expressed in terms of weight and concentration (milligrams per liter).
(81) "Environmental Protection Agency or EPA" shall mean the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized officials of said agency.
(82) "Grab samples" shall mean a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(83) "Interference" shall mean the inhibition or disruption of the municipal wastewater treatment processes or operations which contributes to the violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act of any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act and the Toxic Substances Control Act, or more stringent state criteria (including those outlined in any state sludge management plant prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the municipal wastewater treatment system.
(84) "New Source" shall mean any source, the construction of which is commenced after the publication of proposed regulations describing a Section 307(c)(33 U.S.C. 1317) categorical pretreatment standards which is applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation, of the standard.
(85) "Publicly owned treatment works (POTW)" shall mean a treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City of Decherd. This definition includes any sewers that
18-48
convey wastewater to the POTW treatment plant, but does not include any pipes, sewers or other conveyances not connected to a facility providing treatment. The term also means the City of Decherd, a municipality, as defined in Section 502(4) of the Act (33 U.S.C. 1362) which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. (1972 Code, § 13-207)
18-49
CHAPTER 4
SEWAGE AND HUMAN EXCRETA DISPOSAL 1
SECTION
18-401. Definitions.
18-402. Use of public sewers required.
18-403. Private sewage disposal.
18-404. Building sewers and connections.
18-405. Use of the public sewers.
18-406. Protection from damage.
18-407. Powers and authority of inspectors.
18-408. Violations.
18-401. Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
(1) "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°, expressed in milligrams per liter.
(2) "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
(3) "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.
(4) "Combined sewer" shall mean a sewer receiving both surface runoff and sewage.
(5) "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(6) "Industrial wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
(7) "Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
(8) "Person" shall mean any individual, firm, company, association, society, corporation, or group.
________________________________
1 Municipal code reference
Building, utility and housing codes: title 12.
Cross connections: title 18.
18-50
(9) "Ph" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(10) "Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.
(11) "Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
(12) "Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
(13) "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
(14) "Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.
(15) "Sewage works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
(16) "Sewer" shall mean a pipe or conduit for carrying sewage.
(17) "Shall" is mandatory; "may" is permissive.
(18) "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
(19) "Storm drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
(20) "Superintendent" shall mean the superintendent of the sewage works and/or of water pollution control of the City of Decherd, or his authorized deputy, agent, or representative.
(21) "Suspended solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
(22) "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. (1972 Code, § 8-201)
18-402. Use of public sewers required. (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner, on public or private property within the City of Decherd, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet within the City of Decherd, or in any area under the jurisdiction of said city, any sewage
18-51
or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(4) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city, and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. (1972 Code, § 8-402)
18-403. Private sewage disposal. (1) Where a public sanitary or combined sewer is not available under the provisions of section 18-402(4) the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(2) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit from the County Health Department, Franklin County. The application for such permit shall be made on a form furnished by the health department, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the health department.
(3) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county health department inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the county health department when the work is ready for final inspection, and before any underground portions are covered.
(4) The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health and Environment of the State of Tennessee. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than required by the health department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(5) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 18-402(4), a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
18-52
(6) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(7) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(8) When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (1972 Code, § 8-203)
18-404. Building sewers and connections. (1) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
(2) There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent.
(3) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(4) A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such case the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(5) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.
(6) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(7) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, the sanitary
18-53
sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(8) No person shall make connections of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(9) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
(10) The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative.
(11) All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (1972 Code, § 8-204)
18-405. Use of the public sewers. (1) No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(2) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.
(3) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
18-54
(c) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works.
(d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(4) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, or public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
(a) Any liquid or vapor having a temperature higher than one hundred and fifty degrees (150°)F (65°)C.
(b) Any water or waste containing fats, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees (32°) and one hundred fifty degrees (150°)F (O and 65°).
(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.
(d) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(e) Any water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.
(f) Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations as exceed limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal,
18-55
or other public agencies of jurisdiction for such discharges to the receiving waters.
(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
(h) Any waters or wastes having a pH in excess of (9.5).
(i) Materials which exert or cause:
(A) Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(B) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(C) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(D) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(5) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in the preceding subsection, and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection (10) in this section.
If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
(6) Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes,
18-56
sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be so located as to be readily and easily accessible for cleaning and inspection.
(7) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(8) When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(9) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the downstream manhole in the public sewer nearest to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.)
(10) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern. (1972 Code, § 8-205)
18-406. Protection from damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (1972 Code, § 8-206)
18-57
18-407. Powers and authority of inspectors. (1) The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspecting, observing, measuring, sampling, and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(2) While performing the necessary work on private properties referred to in the preceding subsection, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 18-405(8).
(3) The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspecting, observing, measuring, sampling, repairing, and maintaining any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (1972 Code, § 8-207)
18-408. Violations. (1) Any person found to be violating any provision of this chapter except § 18-406 shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(2) Any person who shall violate § 18-406 or who shall continue any other violation beyond the time limit provided for in the preceding subsection shall be guilty of a misdemeanor, and on conviction thereof may be fined under the general penalty clause for this code.
(3) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (1972 Code, § 8-208)
18-58
CHAPTER 5
CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.1
SECTION
18-501. Definitions.
18-502. Standards.
18-503. Construction, operation, and supervision.
18-504. Statement required.
18-505. Inspections required.
18-506. Right of entry for inspections.
18-507. Correction of existing violations.
18-508. Use of protective devices.
18-509. Unpotable water to be labeled.
18-510. Violations.
18-501. Definitions. The following definitions and terms shall apply in the interpretation and enforcement of this chapter:
(1) "Public water supply." The waterworks system furnishing water to the City of Decherd for general use and which supply is recognized as the public water supply by the Tennessee Department of Health and Environment.
(2) "Cross connection." Any physical arrangement whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of any other arrangement.
(3) "Auxiliary intake." Any piping connection or other device whereby water may be secured from a source other than that normally used.
(4) "Bypass." Any system of piping or other arrangement whereby the water may be diverted around any part or portion of a water purification plant.
(5) "Interconnection." Any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, storage reservoir, or other device which does or may contain sewage or other waste or liquid which would be capable of imparting contamination to the public water supply.
___________________________________
1 Municipal code references
Plumbing code: title 12.
Water and sewer system administration: title 18.
Wastewater treatment: title 18.
18-59
(6) "Person." Any and all persons, natural or artificial, including any individual, firm, or association, and any municipal or private corporation organized or existing under the laws of this or any other state or country. (1972 Code, § 8-301)
18-502. Standards. The Decherd Public Water Supply is to comply with Tennessee Code Annotated, §§ 68-221-701 through 68-221-720 as well as the Rules and Regulations for Public Water Supplies, legally adopted in accordance with this code, which pertain to cross connections, auxiliary intakes, bypasses, and interconnections, and establish an effective ongoing program to control these undesirable water uses. (1972 Code, § 8-302)
18-503. Construction, operation, and supervision. It shall be unlawful for any person to cause a cross connection to be made, or allow one to exist for any purpose whatsoever, unless the construction and operation of same have been approved by the Tennessee Department of Health and Environment and the operation of such cross connection, auxiliary intake, bypass or interconnection is at all times under the direct supervision of the water superintendent or authorized representative of the Decherd Water Supply. (1972 Code, § 8-303)
18-504. Statement required. Any person whose premises are supplied with water from the public water supply and who also has on the same premises a separate source of water supply, or stores water in an uncovered or unsanitary storage reservoir from which the water stored therein is circulated through a piping system, shall file with the water superintendent or authorized representative of the Decherd Water Department a statement of the non-existence of unapproved or unauthorized cross connections, auxiliary intakes, bypasses, or interconnections. Such statement shall also contain an agreement that no cross connection, auxiliary intake, bypass, or interconnection will be permitted upon the premises. (1972 Code, § 8-304)
18-505. Inspections required. It shall be the duty of the water superintendent or authorized representative of the public water supply to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspection, based on potential health hazards involved, shall be established by the water superintendent or authorized representative of the Decherd Water Supply and as approved by the Tennessee Department of Health and Environment. (1972 Code, § 8-305)
18-506. Right of entry for inspections. The water superintendent or authorized representative shall have the right to enter, at any reasonable time, any property served by a connection to the City of Decherd Public Water Supply
18-60
for the purpose of inspecting the piping system or systems therein for cross connections, auxiliary intakes, bypasses, or interconnections. On request, the owner, lessee, or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections. (1972 Code, § 8-306)
18-507. Correction of existing violations. Any person who now has cross connections, auxiliary intakes, bypasses, or interconnections in violation of the provisions of this chapter shall be allowed a reasonable time within which to comply with the provisions of this chapter. After a thorough investigation of existing conditions and an appraisal of the time required to complete the work, the amount of time shall be designated by the water superintendent or authorized representative of the Decherd Public Water Supply. The failure to correct conditions threatening the safety of the public water system as prohibited by this chapter and the Tennessee Code Annotated, § 68-221-711, within a reasonable time and within the time limits set by the City of Decherd Public Water Supply, shall be grounds for denial of water service. If proper protection has not been provided after a reasonable time, the utility shall give the customer legal notification that water service is to be discontinued, and physically separate the public water supply from the customer's on-site piping system in such a manner that the two systems cannot again be connected by an unauthorized person.
Where cross connections, interconnections, auxiliary intakes, or bypasses are found that constitute an extreme hazard of immediate concern of contaminating the public water system, the management of the water supply shall require that immediate corrective action be taken to eliminate the threat to the public water system. Immediate steps shall be taken to disconnect the public water supply from the on-site piping system unless the imminent hazard(s) is corrected immediately. (1972 Code, § 8-307)
18-508. Use of protective devices. Where the nature of use of the water supplied a premises by the water department is such that it is (1) deemed impractical to provide an effective air-gap separation, (2) that the owner and/or occupant of the premises cannot, or is not willing, to demonstrate to the official in charge of the water supply, or his designated representative, that the water use and protective features of the plumbing are such as to propose no threat to the safety or potability of the water supply, (3) that the nature and mode of operation within a premises are such that frequent alterations are made to the plumbing, (4) there is a likelihood that protective measures may be subverted, altered, or disconnected, the water superintendent or authorized representative of the Decherd Public Water Supply, or his designated representative, shall require the use of an approved protective device on the service line serving the
18-61
premises to assure that any contamination that may originate in the customer's premises is contained therein. The protective device shall be a reduced pressure zone type backflow preventer approved by the Tennessee Department of Health and Environment as to manufacture, model, and size. The method of installation of backflow protective devices shall be approved by the water superintendent or authorized representative of the Decherd Water Supply prior to installation and shall comply with the criteria set forth by the Tennessee Department of Health and Environment. The installation shall be at the expense of the owner or occupant of the premises.
Personnel of the Decherd Public Water Supply shall have the right to inspect and test the device or devices on an annual basis or whenever deemed necessary by the water superintendent or his designated representative. Water service shall not be disrupted to test the device without the knowledge of the occupant of the premises.
Where the use of water is critical to the continuance of normal operations or protection of life, property, or equipment, duplicate units shall be provided to avoid the necessity of discontinuing water service to test or repair the protective device or devices. Where it is found that only one unit has been installed and the continuance of service is critical, the water superintendent or designated representative shall notify, in writing, the occupant of the premises of plans to discontinue water service and arrange for a mutually acceptable time to test and/or repair the device. The water supply shall require the occupant of the premises to make all repairs indicated promptly, to keep the unit(s) working properly, and the expense of such repairs shall be borne by the owner or occupant of the premises. Repairs shall be made by qualified personnel acceptable to the water superintendent or authorized representative of the Decherd Public Water Supply.
The failure to maintain backflow prevention device(s) in proper working order shall be grounds for discontinuing water service to a premises. Likewise, the removal, bypassing, or altering of the protective device(s) or the installation thereof so as to render the device(s) ineffective shall constitute grounds for discontinuance of water service. Water service to such premises shall not be restored until the customer has corrected or eliminated such conditions or defects to the satisfaction of the Decherd Public Water Supply. (1972 Code, § 8-308)
18-509. Unpotable water to be labeled. The potable water supply made available to premises served by the public water supply shall be protected from possible contamination as specified herein. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:
18-62
WATER UNSAFE
FOR DRINKING
The minimum acceptable sign shall have black letters at least one-inch high located on a red background. (1972 Code, § 8-309)
18-510. Violations. The requirements contained herein shall apply to all premises served by the Decherd Water Supply whether located inside or outside the corporate limits and are hereby made a part of the conditions required to be met for the city to provide water services to any premises. Such action, being essential for the protection of the water distribution system against the entrance of contamination which may render the water unsafe healthwise, or otherwise undesirable, shall be enforced rigidly without regard to location of the premises, whether inside or outside the Decherd corporate limits.
Any person who neglects or refuses to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), and each day of continued violation after conviction shall constitute a separate offense. (1972 Code, § 8-410)
19-1
TITLE 19
ELECTRICITY AND GAS
CHAPTER
1. GAS.
CHAPTER 1
GAS
SECTION
19-101. To be furnished under franchise.
19-101. To be furnished under franchise. Gas shall be provided to the City of Decherd and its inhabitants under franchise. The rights, powers, duties, and obligations of the City of Decherd and its inhabitants, are stated in the agreement between the parties.1
20-1
TITLE 20
MISCELLANEOUS
CHAPTER
1. MUTUAL AID AGREEMENTS.
CHAPTER 1
MUTUAL AID AGREEMENTS 1
SECTION
20-101. Rules and regulations for mutual aid agreements.
20-101. Rules and regulations for mutual agreements. The following information shall be added to each of the mutual aid agreements for each department within the City of Decherd.
(1) When the City of Decherd personnel are sent to another jurisdiction pursuant to a mutual aid agreement, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the worker's compensation laws, which they have in the sending personnel shall be extended to and include the area in which like benefits and authorities are or could be extended to any geographic area necessary as a result of the request when said personnel are acting within the scope of the authority conferred by this agreement.
(2) The party who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the City of Decherd personnel which may be lost, stolen, or damaged while performing their duties in responding under the terms of this agreement.
(3) The City of Decherd shall assume all liability and responsibility for damage to its own apparatus and/or equipment. The City of Decherd shall also assume all liability and responsibility for any damage caused by its own equipment or negligence of its personnel while en route to or returning from a specific location.
(4) The City of Decherd under the terms of a mutual aid agreement shall assume no responsibility or liability for property damaged or destroyed or bodily injury at the actual scene of any emergency due to actions which are required in responding under this agreement; said liability and responsibility shall rest solely with the requesting agency/government such assistance and within whose boundaries the property exists or the incident occurs.
20-2
(5) The City of Decherd agrees that no claim for compensation will be made by either against the other for loss, damage, or personal injury occurring in consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived.
(6) The senior officer/employee in whose community the emergency exists, and who places the request for assistance, shall in all instances be in command of the emergency as to strategy, tactics, and overall direction of the operations. All orders or directions regarding the operations of the responding party shall be relayed to the senior officer/employee in command of the City of Decherd.
(7) The program shall be administered by the respective department commissioner with the assistance of the city recorder who shall have the responsibility of carrying out the powers designated herein.
(8) No property, real or personal, tangible or intangible, shall be acquired or held by or through this agreement, it being the intent of the agreement that each political jurisdiction shall use and employ its own properties in carrying out the functions and responsibilities designated herein.
(9) This agreement shall continue from year to year from passage unless notice of termination is given by either party hereto at least sixty (60) days prior to July 1 of each year. No further obligations or liability shall be imposed after such termination.
(10) Any mutual aid agreement with other local governments shall be valid only:
(a) When it is executed by the mayor/county executive of the respective political jurisdictions pursuant to the ordinance/resolution of each jurisdiction authorizing the mayor/county executive to execute it;
(b) This agreement is subject to the approval or disapproval of any officer or agency of the state government having constitutional or statutory powers of control as to all matters with his or its jurisdiction, pursuant to T.C.A. § 12-9-106, if a state agency is party hereto. (1972 Code, § 1-1101)
|