THE
CROSSVILLE
MUNICIPAL
CODE
Prepared by the
MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC
SERVICE THE
in cooperation with the
November 2005
Change 1, February 12, 2008
MAYOR
J. H. Graham, III
COMMISSIONERS
Earl Dean
Carl Duer
Jesse Kerley
Boyd Wyatt, Sr.
CITY CLERK
Sally Oglesby
CITY ATTORNEY
Kenneth Chadwell
ii
Preface
This code is
the result of a comprehensive codification and revision of the
ordinances of the City of
citation appearing at the end of each section, the user will
be able to ascertain
the ordinance from which the particular section has been
derived. The absence
of a historical citation means that the section was added at
the time this code
was prepared. The
word "modified" in
the historical citation
indicates
substantial modification of the provision as originally
enacted.
The attention
of the user is directed to the arrangement of the code into titles, chapters,
and sections, which is similar to that used in the Tennessee Code Annotated.
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 number is the title number followed by a hyphen, then
the chapter number, with the last two numbers showing the section number within
the chapter, so that, for example, title 10, chapter 2, section 6, is
designated as section 10-206.
By utilizing
the table of contents at the beginning of each title and chapter of the code,
together with the cross references and explanations included as footnotes, the
user should readily find all provisions in the code relating to any questions
that might arise.
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) All
ordinances relating to subjects treated in the code or which should be added to
the code must be adopted as amending, adding, or deleting specific chapters or
sections of the code (see section 8 of the adopting ordinance for the code).
(2) One copy of
each ordinance adopted by the city must be furnished to MTAS immediately after
its adoption (see section 7 of the adopting ordinance).
(3) The city
will 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 ordinance. 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. If
this very simple procedure is followed the code will be kept up to date in a
way that will serve fully the needs of the city's officials and citizens. If
any questions or
problems arise concerning
the up-dating
iii
procedure, an MTAS Ordinance Codification Consultant is
available to the city for advice and assistance.
The able
assistance of Linda Dean, the MTAS Administrative Specialist, and Nancy Gibson,
Program Resource Specialist on this project, is gratefully acknowledged.
Steve Lobertini Codification Consultant
iv
ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE CITY CHARTER
ARTICLE VI
ORDINANCES
SECTION
1. Ordaining clause.
2. Steps
required to be
taken before ordinances
can take effect;
emergency
ordinances.
3. Signatures required; filing of ordinances.
4. Publication of ordinances.
Section 1.
Ordaining clause. Be it further enacted, That all ordinances shall begin,
"Be it ordained by the City of
Section 2.
Steps required to be taken before ordinances can take effect; emergency
ordinances. Be it further enacted, That every ordinance shall be read three
different days in open session before its adoption.
An ordinance shall
not take effect until fifteen days after the first passage thereof, except in
case of an emergency ordinance. An emergency ordinance may become effective
upon the day of its final passage.
The unanimous
vote of all members of the council present shall be required to pass an
emergency ordinance.
No ordinance
making a grant, renewal, or extension of a franchise or other special privilege
shall ever be passed as an emergency ordinance. No ordinance shall be amended
except by a new ordinance.
Section 3.
Signatures required; filing of ordinances. Be it further enacted, That every
ordinance and resolution upon final passage shall be signed by the mayor or
mayor pro tem, and shall thereupon be delivered to the city clerk whose duty it
shall be to number and copy same in an ordinance book to be kept for that
purpose, together with the signature of the mayor and councilmembers.
Section 4.
Publication of ordinances. Be it further enacted, That all ordinances of a
penal nature passed shall be published at least once in a newspaper of the
city, and no such ordinance shall be in force until so published, and no other
ordinance or resolution, except as herein expressly provided, shall be required
to be published to be effective.
v
Change 1, February 12, 2008 1-1
TITLE 1
GENERAL
ADMINISTRATION1
CHAPTER
1. CITY COUNCIL
2. MAYOR.
3. CITY MANAGER.
4. CLERK.
5. FINANCE DIRECTOR.
6. CITY ATTORNEY.
7. CODE OF ETHICS.
1Municipal code reference
Civil Rights Policy Statement: title 20, chapter 5.
CHAPTER 1
CITY COUNCIL1
SECTION
1-101. Time and
place of regular meetings. 1-102.
Order of business. 1-103.
General rules or order.
1Charter references Article V.
Appointment of mayor pro tem: § 11. Bonding requirement: §
1. Compensation: § 4.
Conditions on exercise of power: § 6. Ouster: § 16.
Presiding officer: § 9. Procedure: § 14.
Public sessions required: § 15.
Qualifications, disqualifications: §§ 2 and 3. Quorum: § 13.
Time and place of meetings: § 7. Special meetings: § 8.
Vacancies in office: § 10. Vested general powers: § 5. Other articles:
Appointment and removal of officers, city managers, acting
city managers: Art. VIII, §§ 1, 2, and
3. City judge: Art. IX, § 1; Art. XX, § 9. City attorney: Art . IX, § 2. Tax assessor: Art. XI, § 1. Board of equalization: Art. XI, § 2. Bond issue estimations: Art. XIII, § 3. Budget and
appropriations: Art. XV.
Contract with county to operate hospital: Art. XXIV, § 2. Election: Art. IV.
Fines and costs from city court: Art. XX, § 7. Fixing salaries of officers
and employees: Art. IV, § 5. Fixing
water rates: Art. XIX, § 3.
Regulation of taxicabs and motor vehicles: Art. XXV. Tax levy and collection: Art. X, §§ 1 and 8.
1-2
1-3
1-101. Time and
place of regular meetings. The city council shall hold regular meetings on the
second Tuesday of each month at 6:00 P.M., with meetings to be held each month
at this time hereafter at the
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 clerk.
(3) Reading of
minutes of the previous meeting by the clerk and approval or correction.
(4) Grievances from citizens.
(5) Communications from the mayor.
(6) Reports
from the city manager, committees, members of the city council and other
officers.
(7) Old business.
(8) New business.
(9) Adjournment.
(1989 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. (1989 Code, §
1-103, modified)
1-4
CHAPTER 2 MAYOR
SECTION
1-201.
Administrative duties.
1-201.
Administrative duties. The mayor shall preside at all meetings of the city
council, sign the journal of the council and all ordinances on final passage,
execute all deeds, bonds and contracts made in the name of the city and perform
all other duties prescribed in the charter.1
(1989 Code, § 1-201)
1Charter references
Compensation: Art. V, § 4.
Duties enumerated and described: Art. VII.
Emergency powers: Art. VII, § 2.
Judicial duties in absence of city judge: Art. XX, § 9.
Mayor pro tem - appointment: Art. V, § 11.
Presiding member of city council: Art. V, § 9.
Right to increase surety bonds: Art. IX, § 7.
To sign ordinances: Art. VI, § 3.
Vacancy in office: Art. V, § 12.
1-5
CHAPTER 3 CITY MANAGER
SECTION
1-301.
Appointment and term. 1-302.
Administrative head of city.
1-301.
Appointment and term. The city manager shall be appointed for an indefinite
term by the city council subject to removal as prescribed in the charter.1 (1989 Code, § 1-301)
1-302.
Administrative head of city. The city manager shall be the chief administrative
officer of the city and shall be responsible to the city council for the
administration of all city affairs for which he has charge pursuant to the
charter.2 (1989 Code, § 1-302)
1Charter reference Art. VIII, § 2.
2Charter references
Appointment of officials and employees:
fire chief and firemen: Art. XVIII, § 1.
police chief and policemen: Art. XVII, § 1.
clerk: Art. IX, § 3.
supervisor of waterworks: Art. XIV.
finance director:
Art. IX, § 4. Budget and appropriations: Art. XV. Investment of sinking funds:
Art. XIV. Powers and duties enumerated: Art. VIII, § 4. Tax levy: Art. X, §§ 1
and 2.
1-6
CHAPTER 4 CLERK
SECTION
1-401. Appointment
and term. 1-402. Duties and authority.
1-401.
Appointment and term. The city clerk shall be appointed by, and serve at the
pleasure of, the city manager.1 (1989
Code, § 1-401)
1-402. Duties
and authority. It shall be the duty of the city clerk to attend all meetings of
the city council and to keep and preserve a full and accurate record of same in
a permanent book form; have custody of and be responsible for preserving all
public records, the city seal, ordinances, rolls and books, minutes of the city
council, bonds, contracts, deeds and all other records, papers and documents
not required by the charter to be kept elsewhere, and shall register them by
number, dates and contents and keep an accurate and modern index of the same;
provide officers and the public with such records pursuant to the charter;
print and distribute copies of ordinances; and perform all other administrative
duties assigned by the charter and the city manager.2 (1989 Code, § 1-402)
1Charter reference Art. IX, § 3.
2Charter references
Duties enumerated and described: Art. IX, § 3.
Duty to number and copy ordinances in ordinance book: Art.
VI, § 3.
1-7
CHAPTER 5 FINANCE DIRECTOR
SECTION
1-501. Appointment
and term. 1-502. Duties and authority.
1-501.
Appointment and term. The finance director shall be appointed by, and serve at
the pleasure of, the city manager.1
(1989 Code, § 1-501)
1-502. Duties
and authority. The finance director shall collect, receive and receipt taxes
and all other revenues of the city, including the proceeds of its bond issues;
provide a report of the condition of the treasury to the city manager once a
month and at such other times as he directs; and shall perform all other duties
prescribed for the finance director in the charter and by the city
manager.2 (1989 Code, § 1-502)
1Charter reference Art. IX, § 4.
2Charter references
Bond proceedings to be turned over to finance director: Art. XIII, § 7.
Certification of ad valorem tax records to finance
director: Art. XV,
§ 6.
Certification of list of real estate with unpaid taxes
required: Art. X,
§ 7.
Duties enumerated and described: Art. IX, § 4.
Enforcement of merchants and license taxes: Art. XII, § 1.
Tax assessment and revenue report to city council: Art. X, §
1.
1-8
CHAPTER 6 CITY ATTORNEY
SECTION
1-601. Appointment
and term. 1-602. Duties and authority.
1-601.
Appointment and term. The city attorney may be elected or employed by, and shall
serve at the pleasure of, the city council.1 (1989 Code, § 1-601)
1-602. Duties
and authority. The city attorney shall attend all meetings of the city council;
provide legal advice to the council and to the city manager and city department
heads, approve as to form all contracts, deeds, bonds, ordinances, resolutions
and other documents to be signed in the name of, or made by or with, the City
of Crossville; prosecute suits for delinquent taxes and assessments and all
cases originating in and on appeal from city court; and perform all other
duties prescribed for him by the charter.2
(1989 Code, § 1-602)
1Charter reference Art. IX, § 2.
2Charter reference
Duties enumerated and described: Art. IX, § 2.
Change 1, February 12, 2008 1-9
CHAPTER 7
CODE OF ETHICS1
SECTION
1-701. Applicability.
1-702. Definition of
"personal interest."
1-703. Disclosure of
personal interest by official with vote.
1-704. Disclosure of
personal interest in non-voting matters.
1-705. Acceptance of
gratuities, etc.
1-706. Use of
information.
1-707. Use of
municipal time, facilities, etc.
1-708. Use of position
or authority.
1-709. Outside
employment.
1-710. Ethics
complaints.
1-701.
Applicability. This chapter is the code of ethics for personnel of the City of
Crossville. It applies to all full-time and part-time elected or appointed
officials and employees, whether compensated or not, including those of any
separate board, commission, committee, authority, corporation, or other
1State
statutes dictate many of the ethics provisions that apply to municipal
officials and employees. For provisions relative to the following, see the
Tennessee Code Annotated (T.C.A.) sections indicated:
Campaign finance - T.C.A. Title 2, Chapter 10.
Conflict of interests - T.C.A. §§ 6-54-107, 108;
12-4-101,102.
Conflict of interests disclosure statements - T.C.A. §
8-50-501 and the following sections.
Consulting fee prohibition for elected municipal officials -
T.C.A. §§ 2-10-122, 124.
Crimes involving public officials (bribery, soliciting
unlawful compensation, buying and selling in regard to office) - T.C.A. §
039-16-101 and the following sections.
Crimes of official misconduct, official oppression, misuse
of official information - T.C.A. § 39-16-401 and the following sections.
Ouster law - T.C.A. § 8-47-101 and the following sections.
Change 1, February 12, 2008 1-10
instrumentality appointed or created by the city. The words
"municipal" and "city" or "City of Crossville"
include these separate entities. (as added by Ord. #1131, June 2007)
1-702.
Definition of "personal interest." (1) For purposes of §§ 1-703 and
1-704, "personal interest means:
(a) Any
financial, ownership, or employment interest in the subject of a vote by a
municipal board not otherwise regulated by state statutes on conflicts on
interests; or
(b) Any
financial, ownership, or employment interest in a matter to be regulated or
supervised; or
(c) Any such
financial, ownership, or employment interest of the official's or employee's
spouse, parent(s), step parent(s), grandparent(s), siblings(s), child(ren), or
step child(ren).
(2) The words
"employment interest" include a situation in which an official or
employee or a designated family member is negotiating possible employment with
a person or organization that is the subject of the vote or that is to be
regulated or supervised.
(3) In any
situation in which a personal interest is also a conflict of interest under
state law, the provisions of the state law take precedence over the provisions
of this chapter. (as added by Ord.
#1131, June 2007)
1-703. Disclosure
of personal interest by official with vote. An
official with the responsibility to vote on a measure shall
disclose during the
meeting at which the vote takes place, before the vote and
so it appears in the
minutes, any personal interest that affects or that would
lead a reasonable
person to infer that it affects the official's vote on the
measure. In addition, the
official may recuse
himself1 from voting
on the measure. (as added
by
Ord. #1131, June 2007)
1-704.
Disclosure of personal interest in non-voting matters. An official or employee
who must exercise discretion relative to any matter, other than casting a vote,
and who has a personal interest in the matter that affects or that would lead a
reasonable person to infer that it affects the exercise of the discretion shall
disclose, before the exercise of the discretion when possible, the interest on
a form provided by and filed with the clerk. In addition, the official employee
may, to the extent allowed by law, charter, ordinance, or policy, recuse
himself from the exercise of discretion in the matter. (as added by Ord. #1131,
June 2007)
1Masculine pronouns include the feminine. Only
masculine pronouns have been used
for convenience and readability.
Change 1, February 12, 2008 1-11
1-705.
Acceptance of gratuities, etc. An official or employee may not accept, directly
or indirectly, any money, gift, gratuity, or other consideration or favor of
any kind from anyone other than the municipality:
(1) For the
performance of an act, or refraining from performance of an act, that he would
be expected to perform, or refrain from performing, in the regular course of
his duties; or
(2) That might
reasonably be interpreted as an attempt to influence his action, or reward him
for past action, in executing municipal business.
Notwithstanding
any provision or interpretation of § 1-705 to the contrary, an official or
employee may accept, directly or indirectly, money, gifts, gratuities, or other
consideration in amounts not to exceed one hundred dollars ($100.00) per
instance, but only so long as such acceptance of said gift, money, gratuity or
consideration is not in exchange for the performance of an act, or the
refraining from the performance of an act, that he or she would be expected to
perform, or refrain from performing, in the regular course of his or her
duties. Gifts, gratuities, money and consideration in amounts of one hundred
dollars ($100.00) or less per instance are hereby deemed to be too nominal to
be interpreted reasonably as an "attempt to influence" as
contemplated in sub-paragraph (2) hereinabove; such an interpretation is hereby
deemed to be unreasonable with regard to gifts, money, gratuity and consideration
in said amount of one hundred dollars ($100.00) or less per instance, and the
same shall not be interpreted as an "attempt to influence," and shall
be treated as an exception to said sub-paragraph (2). (as added by Ord. #1131, June 2007)
1-706. Use of
information. (1) An official or employee may not disclose any information
obtained in his official capacity or position of employment that is made
confidential under state or federal law except as authorized by law.
(2) An official
or employee may
not use or
disclose information
obtained in his official capacity or position of employment
with the intent to result in financial gain for himself or any other person or
entity. (as added by Ord. #1131, June 2007)
1-707. Use of
municipal time, facilities, etc. (1) An official or employee may not use or
authorize the use of municipal time, facilities, equipment, or supplies for
private gain or advantage to himself.
(2) An official
or employee may
not use or
authorize the use
of
municipal time, facilities, equipment, or supplies for
private gain or advantage to any private person or entity, except as authorized
by legitimate contract or lease that is determined by the governing body to be
in the best interests of the municipality.
(as added by Ord. #1131, June 2007)
1-708. Use of
position or authority. (1) An official or employee may not make or attempt to
make private purchases, for cash or otherwise, in the name of the municipality.
Change 1, February 12, 2008 1-12
(2) An official
or employee may not use or attempt to use his position
to secure any privilege or exemption for himself or others
that is not authorized by the charter, general law, or ordinance or policy of
the municipality. (as added by Ord. #1131, June 2007)
1-709. Outside
employment. An official or employee may not accept or continue any outside
employment without written authorization from the department head. (as added by Ord. #1131, June 2007)
1-710. Ethics
complaints. (1) The city attorney is designated as the ethics officer of the
municipality. Upon the written request of an official or employee potentially
affected by a provision of this chapter, the city attorney may render an oral
or written advisory ethics opinion based upon this chapter and other applicable
law.
(2) (a) Except as otherwise provided in this
subsection, the city
attorney shall investigate any credible complaint against an
appointed
official or employee charging any violation of this chapter,
or may
undertake an investigation on his own initiative when he
acquires
information indicating a possible violation, and make
recommendations
for action to end or seek retribution for any activity that,
in the attorney's
judgment, constitutes a violation of this code of ethics.
(b) The city
attorney may request the city council to hire another attorney, individual, or
entity to act as ethics officer when he has or will have a conflict on
interests in a particular matter.
(c) When a
complaint of a violation of any provision of this chapter is lodged against a
member of the city council, the city council shall either determine that the
complaint has merit, determine that the complaint does not have merit, or
determine that the complaint has sufficient merit to warrant further
investigation. If the council
determines that a complaint warrants further investigation, it shall authorize
an investigation by the city attorney or another individual or entity chosen by
the city council.
(3) The interpretation that a reasonable
person in the circumstances would apply shall be used in interpreting and
enforcing this code of ethics.
(4) When a
violation of this code of ethics also constitutes a violation of a personnel
policy, rule, or regulation or a civil service policy, rule, or regulation, the
violation shall be dealt with as a violation of the personnel or civil service
provisions rather than as a violation of this code of ethics. (as added by Ord.
#1131, June 2007)
1-711.
Violations. An elected official or appointed member of a separate municipal
board, commission, committee, authority, corporation, or other instrumentality
who violates any provision of this chapter is subject to punishment as provided
by the municipality's charter or other applicable law,
Change 1, February 12, 2008 1-13
and in addition is subject to censure by the city council.
An appointed official or an employee who violates any provision of this chapter
is subject to disciplinary action. (as
added by Ord. #1131, June 2007)
2-1
TITLE 2 BOARDS AND COMMISSIONS, ETC.
CHAPTER
1. EMERGENCY MANAGEMENT.
2. AIRPORT COMMITTEE.
CHAPTER 1 EMERGENCY MANAGEMENT
SECTION
2-101. Creation.
2-102. Purpose.
2-103. Authority and
responsibilities.
2-104. Office of
director.
2-105. Cumberland
County Emergency Management Corps created.
2-106. No municipal or
private liability.
2-107. Expenses of
emergency management.
2-101.
Creation. Pursuant to Tennessee Code Annotated, § 58-2-101, et seq., a joint
emergency management organization has been heretofore created and hereby
remains in full force and effect in accordance with this chapter. (1989 Code, §
2-201)
2-102. Purpose.
The City of Crossville and Cumberland County Emergency Management Organization
is created, which shall be a joint operation by the City of Crossville and the
County of Cumberland, for the purpose of organizing and directing emergency
management for the citizens of the entire county. All other emergency
management agencies within the corporate limits of the City of Crossville and
Cumberland County shall be considered as a total part of the county-wide
emergency management emergency resources, and when such agencies operate out of
its corporate limits it shall be at the direction of, subordinate to, and as a
part of the Cumberland County Emergency Management Organization. (1989 Code, § 2-202)
2-103.
Authority and responsibilities. (1) Authority. In accordance with federal and
state enactments of law, the City of Crossville and Cumberland County Emergency
Management Organization is hereby authorized to assist the regular government
of the county and governments of all political subdivisions therein, as may be
necessary due to enemy caused emergency or natural disasters, including but not
limited to: storms, floods, fires, explosions, tornadoes, hurricanes, drought,
or peace-time man-made disasters, which might
2-2
occur affecting the lives, health, safety, welfare and
property of the citizens of
Cumberland County. The
City of Crossville and
Cumberland County
Emergency Management Organization is hereby authorized to
perform such duties and functions as may be necessary on account of such
disasters. The Cumberland County Emergency Management Organization is hereby
designated the official agency to assist regular forces in time of such
emergencies.
(2) Responsibilities. The City of Crossville and Cumberland
County
Emergency Management Organization shall be responsible for
preparation and readiness against enemy caused and natural emergencies arising
in Cumberland County, to establish and coordinate emergency plans, forces,
means and resources, and is hereby designated the official agency to establish
such emergency plans. (1989 Code, §
2-203)
2-104. Office of director. (1) Primary authority. (a) The
office of the director of emergency management is hereby created. The director
shall have the authority to request the declaration of the existence of an
emergency by the city mayor and county mayor or either or by higher authority
as appropriate.
(b) The
director shall have overall responsibility for the preparation of all plans,
recruitment and training of personnel. All local emergency management plans
will be in consonance with state plans and shall be approved by the state
emergency management office.
(c) The
director is hereby given the authority to delegate such responsibility and
authority as is necessary to carry out the purposes of this chapter, subject to
the approval of the chief executive officers of the city and county.
(2) Responsibility
of the director. The director shall be
responsible to
the chief executive officers of the city and county for the
execution of the authorities, duties, and responsibilities of the City of
Crossville, Cumberland County Emergency Management Organization, for the
preparation of all plans and administrative regulations and for recruitment and
training of personnel. (1989 Code, § 2-204, modified)
2-105.
Cumberland County Emergency Management Corps created. The Cumberland County
Emergency Management Corps is hereby created. The corps shall be under the
direction of the director of emergency management and his staff members with
delegated authority; it shall consist of designated regular government
employees and volunteer workers. Duties and responsibilities of the corps
members shall be outlined in the Emergency Management Emergency Plan. (1989 Code, § 2-205)
2-106. No
municipal or private liability. The duties prescribed in this chapter is an
exercise by the city and county of its governmental functions for the
protection of the public peace, health and safety and neither the City of
2-3
Crossville nor Cumberland County, the agents and
representatives of the city and county nor any individual, receiver, firm,
partnership, corporation, association or trustee, nor any of the agents
thereof, in good faith carrying out, complying with or attempting to comply
with, any order, rule or regulation promulgated pursuant to the provisions of
this chapter shall be liable for any damage sustained to person or property as
the result of such activity. Any person owning or controlling real estate or
other premises for the purpose of sheltering persons during an actual,
impending or practice enemy attack, shall together with his successors in
interest, if any, not be civilly liable for the death of, or injury to, any
person on or about such real estate or premises under such license, privilege
or other permission or for loss of, or damage to, the property of such
person. (1989 Code, § 2-206)
2-107. Expenses
of emergency management. No person shall have the right to expend any public
funds of the city or county in carrying out any emergency management activities
authorized by this chapter without prior approval by the governing bodies of
the city and/or county or both; nor shall any person have any right to bind the
city or county by contract, agreement or otherwise without prior and specific
approval by the governing body of the city and/or county, or both. The
emergency management director shall disburse such monies as may be provided
annually by appropriation of the city and county for the operation of the
emergency management organization. Control of the disbursements will be as
prescribed by agreement between the finance director of the city and county. He
shall be responsible for the preparation and submission of a budget with
recommendations as to its adoption by the city and county. All funds shall be
disbursed upon vouchers properly executed by the director of emergency
management, subject to audit by either the City of Crossville or Cumberland
County. The emergency management director is hereby authorized to accept
federal contributions in money, equipment, or otherwise, when available, or
state contributions, and is further authorized to accept contributions to the
emergency management organization from individuals and other organizations,
such funds becoming liable for audit by the city and county. (1989 Code, § 2-207, modified)
Change 1, February 12, 2008 2-4
CHAPTER 2 [DELETED]
(as deleted by Ord. #1142, Sept. 2007)
3-1
TITLE 3 MUNICIPAL COURT1
CHAPTER
1. CITY JUDGE.
2. COURT ADMINISTRATION.
3. WARRANTS, SUMMONSES AND SUBPOENAS.
4. BONDS AND APPEALS.
CHAPTER 1
CITY JUDGE2
SECTION
3-101. Designated
by charter.
3-101.
Designated by charter. The officer designated by the charter to handle judicial
matters within the city shall preside over the city court and shall be known as
the city judge. (1989 Code, § 3-101)
1Charter references
Establishment, jurisdiction: Art. XX, sec. 1. Powers
enumerated: Art. XX, sec. 2.
2Charter references
Exclusive powers: Art. XX, sec. 3.
Presiding officer of city court: Art. XX, sec. 1.
3-2
CHAPTER 2 COURT ADMINISTRATION
SECTION
3-201. Maintenance
of docket.
3-202. Imposition
of fines, penalties, and costs.
3-203. Disposition
and report of fines, penalties, and costs.
3-204. Disturbance
of proceedings.
3-201.
Maintenance of docket. The city judge will insure that a complete docket of all
matters coming before him in his judicial capacity is maintained by the city
court clerk. 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 county
jail; and all other information which may be relevant.1 (1989 Code, § 3-201)
3-202.
Imposition of fines, penalties, and costs. 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 or her, the city judge shall tax in the bill of
costs the same amounts and for the same items allowed in courts of general
sessions for similar work in state cases, and in addition thereto one dollar
($1.00).2 (1989 Code, § 3-202)
3-203.
Disposition and report of fines, penalties, and costs. All funds coming into
the hands of the city court clerk in the form of fines, penalties, costs, and
forfeitures shall be recorded by him or her and deposited twice weekly. One
dollar ($1.00) shall be deducted from court costs in each case and forwarded by
the city court clerk to the state treasurer. At the end of each month, he or
she shall submit to the State of Tennessee a report accounting for
1Charter reference Art. XX, sec. 8.
2Charter reference
Art. XX, sec. 7.
State law reference
Tennessee Code Annotated, § 8-21-401.
3-3
the collection or non-collection of all fines, penalties,
and costs imposed by his or her court during the current month.1 (1989 Code, § 3-203, modified)
3-204.
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. (1989
Code, § 3-204)
1Charter reference Art. XX, sec. 7.
3-4
CHAPTER 3 WARRANTS, SUMMONSES
AND SUBPOENAS
SECTION
3-301. Issuance of
subpoenas. 3-302. Safe driver's
program.
3-301. 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.1 (1989 Code, § 3-303)
3-302. Safe
driver's program. The city judge, with the concurrence of the police chief,
may, at his discretion, adopt a Safe Driver's Program as an alternative to
appearing in city court for minor traffic violations. The cost of said program
shall be set by the city judge, not to exceed fifty dollars ($50). This program
shall be open only to those individuals receiving their first traffic offense
within a three (3) year period in the corporate limits of the City of
Crossville. An operations policy shall be written by the police chief for
approval by the city judge and the city council prior to enactment. (1989 Code, § 3-304)
1Charter reference Art. XX, sec. 11.
3-5
CHAPTER 4 BONDS AND APPEALS
SECTION
3-401. Appeals.
3-402. Appeal bond.
3-401. Appeals.
Any defendant who is dissatisfied with any judgment of the city court against
him may, within ten (10) days next after such judgment is rendered, appeal to
the next term of the circuit court upon posting a proper appeal bond.1 (1989 Code, § 3-402)
3-402. Appeal
bond. An appeal bond in any case shall be in the sum not to exceed 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 within the county. No other
type bond shall be acceptable.2 (1989
Code, § 3-403)
1Charter reference
Art. XX, sec. 4.
State law reference
Tennessee Code Annotated, § 27-5-101.
2Charter reference Art. XX, sec. 7.
4-1
TITLE 4 MUNICIPAL PERSONNEL
CHAPTER
1. SOCIAL SECURITY FOR OFFICERS AND EMPLOYEES.
2. PERSONNEL REGULATIONS.
3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM.
4. TRAVEL REIMBURSEMENT REGULATIONS.
5. INFECTIOUS DISEASE CONTROL POLICY.
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 to be made.
4-106. Agreements
excluded by prior ordinance.
4-107. Other
agreements excluded.
4-101. Policy
and purpose as to coverage. It is hereby declared to be the policy and purpose
of this city 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. (1989 Code, § 4-101)
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. (1989 Code, § 4-102)
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. (1989 Code, § 4-103)
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. (1989 Code, § 4-104)
4-105. Records
and reports to be made. The city shall keep such records and make such reports
as may be required by applicable state and federal laws or regulations. (1989 Code, § 4-105)
4-106.
Agreements excluded by prior ordinance. There is hereby excluded from this
chapter any authority to make any agreement with respect to any position or any
employee or official now covered or authorized to be covered by any other
ordinance creating any retirement system for any employee or official of the
city. (1989 Code, § 4-106)
4-107. Other
agreements excluded. There is hereby excluded from this chapter any authority
to make any agreement with respect to any position or any employee or official,
compensation for which is on a fee basis, or any position or any employee or
official not authorized to be covered by applicable state or federal laws or
regulations. (1989 Code, § 4-107)
4-3
CHAPTER 2
PERSONNEL REGULATIONS1
SECTION
4-201. General
provision.
4-202. Coverage.
4-203. Administration.
4-204. Personnel rules
and regulations.
4-205. Political
activity.
4-206. Records.
4-207. Right to
contract for special services.
4-208. Discrimination.
4-209. Probationary
period.
4-210. Status of
present employees.
4-201. General
provision. (1) This chapter shall be known as the "Personnel
Ordinance".
(2) The general
purpose of this
chapter is to
establish a system
of
personnel administration for the City of Crossville. This
system shall provide means to select, develop, and maintain an effective
municipal work force through the impartial application of principles free of
personal and political considerations.
(1989 Code, § 4-201)
4-202.
Coverage. (1) Classified and exempt services. All offices and positions of the
city are divided into the classified service and the exempt service. The
classified service shall include all full-time and part-time positions in the
city's service which are not specifically placed in the exempt service by this
chapter. All offices and positions of the city placed in the exempt service are
as follows:
(a) All elected officials.
(b) Members of appointed boards and commissions.
(c) City Attorney.
(d) City Manager.
(e)
Consultants, advisors, and
legal counsel rendering temporary professional
service.
(f) Independent contractors.
(g) Persons
employed by the city for
not more than three (3) months during a fiscal year.
(h) Part-time
employees paid by the hour or the day.
(i) Volunteer personnel appointed to serve without
compensation.
(j) City Judge.
1Municipal code reference
Civil Rights Policy Statement: title 20, chapter 5.
4-4
(2) All
employment positions of the city not expressly exempted from
coverage by this chapter shall be subject to the provisions
of this chapter. (1989 Code, § 4-202)
4-203. Administration.
(1) Administered by city manager. The personnel system established by this
chapter shall be administered by the city manager, who shall:
(a) Exercise
leadership in developing a system of effective personnel administration within
the several city departments subject to this chapter.
(b) Appoint,
remove, suspend, and discipline all employees of the city subject to the
policies as set forth in this chapter, provisions of the charter, and those in
state law. The city manager may, at his or her discretion, authorize the head
of a department or office responsible to him or her to appoint and terminate
subordinates in such departments and offices.
(c) Fix and
establish the number of employees in the various city departments and offices
and determine the duties, authority, responsibility, and compensation in
accordance with the policies as set forth in this chapter and subject to the
approval of the city council and budget limitations.
(d) Foster and
develop programs for the improvement of employee effectiveness, including
training, safety, and health.
(e) Maintain
records of all employees subject to this chapter in which there shall be set
forth as to each employee the class, title, pay rates, and other relevant data.
(f) Make periodic reports to the city
council regarding the administration of this chapter.
(g) Recommend
to the city council a position classification plan, and install and maintain
such a plan upon approval by the city council.
(h) Prepare and
recommend to the city council a pay plan for all
city employees.
(i) Develop and
administer such recruiting
and examining
programs as may be necessary to obtain an adequate supply of
competent applicants to meet the employment needs of the city.
(j) Be
responsible for certification of payrolls.
(k) Perform such
other duties and exercise such other authority
in personnel administration as
may be prescribed
by law and
this
chapter.
(2) Personnel
board.
(a) A personnel
board shall be established consisting of five (5)
members, two (2) of whom shall be appointed by the city
council, one (1) of whom shall be appointed by the city manager, and two (2) of
whom shall be elected by the employees covered by this chapter.
4-5
(b) The term of
members of the personnel board shall be five (5) years, except that the member
appointed by the city manager shall initially serve a one (1) year term; the
members appointed by the city council shall serve a three (3) year term; and,
members elected by the employees shall serve the full five (5) year term.
Vacancies shall be filled in the same manner as the original appointments for
the unexpired terms. Members shall be elected or appointed in June of each year
and shall take office July 1. A member of the board may not succeed himself or
herself.
(c) No member
of the personnel board shall be employed by or be an official of the city, nor
shall be a member of any local, state, or national committee of a political
party or an official or member of a committee in any partisan political group
or organization, nor shall hold or be a candidate for any elective office. The
members of the personnel board shall be qualified tax payers and residents of
the city. A member of the personnel board shall be removable by the city
council only for cause, after being given a copy of charges and being given an
opportunity to be heard publicly on such charges before the city council.
(d) After the
election and appointment of the personnel board, its members shall elect their
own chairman who shall act as spokesman for the personnel board. The personnel
board shall conduct such meetings as are necessary to properly discharge its
responsibilities. Three (3) members shall constitute a quorum for conducting
business.
(e) Members of
the personnel board shall be compensated at the rate of $15.00 per meeting
attended, not to exceed one per month. Funds shall be provided for actual and
necessary expenses incurred in the discharge of their responsibilities. The
city manager, or his designee, shall serve as the secretary of the personnel
board, without a vote.
(f) The
personnel board shall have the following duties and responsibilities:
(i) Represent
the public interest in the improvement of
personnel administration.
(ii) Advise the
city council and
the city manager
on
problems concerning personnel administration.
(iii) Hear
appeals of any employee covered by this chapter
relative to personnel actions taken by the city in which the
employee feels grieved, as long as the employee has exhausted the grievance
procedures provided in the rules and regulations. The personnel board may
revoke, modify, or sustain the personnel action being appealed. The personnel
board shall have the right of subpoena, the power to examine witnesses under
oath, the power to compel the appearance of a witness, and the power to require
the production of evidence by subpoena. During such review, both
the appealing employee
and city or
other person
4-6
whose actions are being reviewed shall have right to be
heard publicly, be represented by any person the appellant desires, and to
present evidentiary facts. At the hearings of such appeals or grievances,
technical rules of evidence shall not apply. All appeals shall be concluded as
expeditiously as possible and in accordance with the requirement and procedures
set forth in the personnel rules and regulations adopted pursuant to this
chapter. The cases shall be final. However, nothing in this section purports to
preclude judicial review.
(g) The
nomination and election of the member of the personnel
board
representing the classified employees shall
be conducted in the following manner:
(i) Not less
than thirty (30) days prior to the expiration
of the elected member's term, or immediately upon
resignation or removal, the city manager shall notify all employees in the
classified service that nominations will be received for five (5) working days.
(ii) Upon
receipt of nominations, the city manager will
determine the qualifications of the nominees in compliance
with § 4-203(2)(c) of this chapter, and shall then prepare appropriate ballots
for vote by all the classified service.
(iii) The city
manager shall tabulate
the ballots in the
presence of two employees selected at random and certify to
the city council for appointment to the personnel board the person receiving
the highest number of votes. Should the person so elected choose not to serve,
the next person on the ballot receiving the highest number of votes shall be
certified for appointment. Should no one so elected choose to serve on the
personnel board, the above process is repeated until an employee representative
to the personnel board is selected.
(1989 Code, § 4-203)
4-204. Personnel rules and regulations. (1)
The city manager shall develop rules and regulations necessary for the
effective administration of this chapter, and present the rules and regulations
to the personnel board, which shall conduct a public hearing concerning the
proposed rules and regulations.
(2) Following the
public hearing by
the personnel board,
the city
manager shall submit the rules and regulations, with
recommendations of the personnel board, to the city council for review and
adoption. The city council shall have a ninety (90) day period, in which to
adopt the proposed rules and regulations. If the city council has taken no
action at the end of the ninety (90) day period, the proposed rules and
regulations shall become effective as if they had been so adopted, and shall
have the full force and effect of law. Amendments to the adopted rules and
regulations shall be made in accordance with the above procedure.
4-7
(3) The
personnel rules and regulations shall establish regulations,
specific procedures, and policies governing the personnel
system including, but not limited to, the following:
(a) For the
preparation and administration of a position classification plan for all
positions in the classified service based upon similarity of duties performed
and responsibilities performed so that the same qualifications may reasonably
be required for, and the rate of pay equitably applied to, all positions in the
same classes and generally all classes. All employees in the classified service
shall be assigned a class by the city manager. Any
employee so assigned who wishes reconsideration of the class assignment shall
request a hearing before the personnel board after exhausting the grievance
procedures provided in the rules and regulations. The personnel board shall
hold a timely hearing on the matter and report their findings to the city
manager who may reclassify the employee.
(b) For the
annual submission of a compensation plan for classified service employees.
(c) For a
secure method of payroll and disbursement certification.
(d) For the
establishment of lists of eligible candidates for appointment and promotion.
(e) For, upon
appointment or promotion, an employee probation period prior to permanent
appointment.
(f) For the
establishment of programs designed to attract to municipal service and
veterans, handicapped persons, and members of disadvantaged groups.
(g) For lay-offs
by reason of lack of funds or work or abolition of position, or material
changes in duties or organizations, and for reemployment of employees so laid
off.
(h) For establishment of
a plan for
resolving employee
grievances and complaints.
(i) For establishment of
disciplinary measures such
as
suspension, demotion, or discharge. Such measures shall
provide for presentation of charges and hearings for all employees in the
classified service covered by this chapter. A record of such hearing shall be
required and shall be made available to interested parties upon request.
(j) For an
appeals process from any suspension, demotion, or
discharge of a classified service employee covered by this
chapter. Such appeal shall be to the personnel board which will be the final
administrative arbiter of the employee's case. However, nothing in this section
purports to preclude judicial review.
(k) For establishing hours
of work, holiday
and attendance
regulations in the various classes of positions in the
classified service.
4-8
(l) For
establishing and publicizing any fringe benefits such as
insurance programs, retirement, and leave programs.
(m) For other
policies and administrative regulations, not
inconsistent with this chapter, the city charter, or the
laws of the state, which may be proper and necessary for its enforcement. (1989
Code, § 4-204)
4-205.
Political activity. No employees in the classified service shall while in the
employ of the city:
(1) Hold an office filled in a partisan election.
(2) Solicit or accept contributions for any political party
or candidate.
(3) Be assessed money, dues, or services by any political
organization.
(4) Nothing
herein shall effect the right of an employee covered by this chapter to hold
membership in or support a political organization, or to voluntarily contribute
to a political organization or candidate, to vote, to express publicly or
privately opinions on all political subjects, to maintain political neutrality,
and to actively participate in political meetings. However, the employee must
engage in all such activities as a private citizen, on his or her own time, off
city premises, and without approval of the city. (1989 Code, § 4-205)
4-206. Records.
The city manager shall maintain adequate records of the proceedings of the
personnel board, of official ordinances and resolutions effecting personnel
administration, or rules and regulations, and of the employment record of every
employee as specified herein. (1989
Code, § 4-206)
4-207. Right to
contract for special services. The city council may direct the city manager to
contract with any competent agency for the performance of such technical
services in connection with the establishment of the personnel system or with
its operation as may be deemed necessary. (1989 Code, § 4-207)
4-208.
Discrimination. No person in the classified service or seeking admission
thereto, shall be employed, promoted, demoted, or discharged, or in any way
favored or discriminated against because of political opinions or affiliations,
or because of race, color, creed, national origin, sex, ancestry, age, or
religious belief. (1989 Code, § 4-208)
4-209.
Probationary period. The personnel rules and regulations shall provide that all
appointments to the classified service, including promotional appointment,
shall be for a probationary period of six (6) months beginning with first day
of permanent full-time employment.
(1989 Code, § 4-209)
4-9
4-210. Status
of present employees. Any person holding a position included in the classified
service who, on the effective date of this chapter, shall have served
continuously in such position for a period equal to the probationary position,
shall assume regular status in the classified service, and shall there after be
subject in all respects to the provisions of this chapter and the personnel
rules and regulations. Other persons holding positions in the classified
service shall be regarded as probationers, and may be certified as regular
employees upon satisfactorily completing the probationary period, which shall
be computed from the time of their original appointment. (1989 Code, § 4-210)
4-10
CHAPTER 3 OCCUPATIONAL SAFETY AND HEALTH PROGRAM
SECTION
4-301. Title.
4-302. Purpose.
4-303. Coverage.
4-304. Standards
authorized.
4-305. Variances from
standards authorized.
4-306. Administration.
4-307. Funding the
program.
4-301. Title.
This section shall provide authority for establishing and administering the
occupational safety and health program plan for the employees of the City of
Crossville. (1989 Code, § 4-301)
4-302. Purpose.
The City of Crossville, 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) Continual analysis of the worksite to
identify all hazards and potential hazards;
(c) Development
and maintenance of methods for preventing or controlling existing or potential
hazards; and
(d)
Training of 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) 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.
4-11
(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. (1989 Code, § 4-302)
4-303.
Coverage. The provisions of the occupational safety and health program plan for
the employees of the City of Crossville shall apply to all employees of each
administrative department, commission, board, division, or other agency of the
City of Crossville whether part-time or full-time, seasonal or permanent. (1989 Code, § 4-303)
4-304.
Standards authorized. The occupational safety and health standards adopted by
the City of Crossville 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 19721. (1989 Code, §
4-304)
4-305.
Variances from standards authorized. The City of Crossville 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 City of Crossville 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 city manager shall be deemed
sufficient notice to employees. (1989 Code, § 4-305)
4-306.
Administration. For the purposes of this chapter, the city manager, or his/her
designee, 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 the OSHA program. 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
1State law reference
Tennessee Code Annotated, title 50, chapter 3.
4-12
and Health Act of 1972 and Part IV of the Tennessee
Occupational Safety and Health Plan.
(1989 Code, § 4-306)
4-307. Funding
the program. Sufficient funds for administering and staffing the program
pursuant to this chapter shall be made available as authorized by the city
council. (1989 Code, § 4-307)
4-13
CHAPTER 4 TRAVEL REIMBURSEMENT REGULATIONS
SECTION
4-401. Purpose.
4-402. Enforcement.
4-403. General
travel policy.
4-404. Travel
reimbursement rate schedules.
4-405.
Administrative procedure guidelines.
4-401. Purpose.
The purpose of this chapter and referenced regulations is to bring the city
into compliance with Public Acts 1993, Chapter 433. This act requires Tennessee
municipalities to adopt travel and expense regulations covering expenses
incurred by "any mayor and any member of the local governing body, and any
board or committee member elected or appointed by the mayor or local governing
body, and any official or employee of the municipality whose salary is set by
charter or general law".
In order to
provide consistency in travel regulations and reimbursement this chapter is
expanded to cover regular city employees. It is the intent of this policy to
assure fair and equitable treatment to all individuals traveling on city business
at city expense. (1989 Code, § 4-401)
4-402.
Enforcement. The city manager (CM) of the city or his or her designee shall be
responsible for the enforcement of these travel regulations. (1989 Code, §
4-402)
4-403. General
travel policy. (1) In the interpretation and application of this chapter, the
term "traveler" or "authorized traveler" shall mean any
elected or appointed municipal officer or employee, including members of
municipal boards and committees appointed by the mayor or the municipal
governing policy, 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 such person or persons otherwise
qualify 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, conferences, conventions, seminars and other
actual and necessary expenses related to official business as determined by CM.
Under certain
conditions entertainment expenses may be eligible for reimbursement.
4-14
(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 are not considered documentation of travel expenses. If travel
advances exceed documented expense claims, immediate reimbursement on the part
of the authorized traveler is required.
It will be the
responsibility of the CM 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 and Reimbursement" form.
(5) The bottom
section of the "Travel-Authorization and Reimbursement" form will be
used to document all expense claims.
(6) To qualify for reimbursement, travel expenses must be:
(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 CM may make exceptions
for unusual circumstances. Expenses considered excessive will be disallowed.
(7) All claims
for travel expense reimbursements must be supported by an 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 will not ordinarily be considered as
expenses eligible for reimbursement. (1989 Code, § 4-403)
4-404. Travel
reimbursement rate schedules. Authorized travelers shall be reimbursed
according to the customary and reasonable rates established in the
Administrative Procedure Guidelines.
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. (1989 Code, §
4-404)
4-405.
Administrative procedure guidelines. The city adopts and incorporates by
reference as if fully set out herein the Administrative Procedure Guidelines, a
copy of which is on file in the office of the city clerk. These guidelines may
be amended by resolution of the city council. (1989 Code, § 4-405)
4-15
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.
4-513. Records and
reports.
4-514. Legal rights of
victims of communicable diseases.
4-515. Amendments.
4-516. Repeal.
4-501. Purpose.
It is the responsibility of the City of Crossville 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
Crossville, 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). (1989 Code, §
4-501)
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, emergency medical technicians, and first
responders;
(2) Occupational nurses;
(3) Housekeeping and laundry workers;
4-16
(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. (1989 Code, § 4-502)
4-503. Administration. This infection control policy shall
be
administered by the
city manager 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 governing body 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 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
governing body. (1989 Code, § 4-503)
4-504.
Definitions. (1) "Body fluid" - 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
4-17
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. (1989 Code, § 4-504)
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.
(1989 Code, § 4-505)
4-506. General
guidelines. General guidelines which shall be used by everyone include:
(1) Notify the
immediate supervisor and the personnel department of the contact incident and
details thereof and seek immediate medical attention.
(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, 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 hand
washing facilities are not available, use a waterless antiseptic hand cleaner
according to the manufacturer's 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 they are used, disposable
syringes and needles, scalpel blades and other sharp
4-18
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. Employee 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.)
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 who 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 at
least thirty (30) seconds. A solution must be changed and remixed every
twenty-four (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 degrees 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 disposed.
4-19
(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 line. 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 transporting 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.
(1989 Code, § 4-506)
4-507.
Hepatitis B vaccinations. The City of Crossville shall offer the appropriate
Hepatitis B Vaccination to employees at risk of exposure free of charge and in
amounts 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. (1989 Code, § 4-507)
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 forms required.
4-20
(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. (1989 Code, § 4-508)
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. (1989 Code, § 4-509)
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 evaluation
immediately and receive appropriate prescribed medical therapy, including any
post exposure prophylaxis as recommended by the health care provider. Such an
illness, particularly one characterized by fever, rash, or lymphadenopathy, may
be indicative of recent HIV infection.
(1989 Code, § 4-510)
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 Tennessee Code Annotated, § 50-6-303. (1989 Code, § 4-511)
4-21
4-512.
Training. (1) 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 material. They shall also be counseled
regarding possible risks to the fetus from HIV/HBV and other associated
infectious agents.
(2) 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
materials as per this policy.
(3) 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. (1989 Code, § 4-512)
4-513. 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. 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. (1989 Code, § 4-513)
4-514. 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 duly 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
4-22
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 be 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
circumstances, 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.
(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. (1989 Code, § 4-514)
4-515.
Amendments. Amendments or revisions of these rules may be recommended for
adoption by any elected official or by department heads. Such amendments or
revisions of these rules shall be by ordinance and shall become
4-23
effective after public hearing and approval by the governing
body. (1989 Code, § 4-515)
4-516. Repeal.
If any provision of this chapter, or if any policy or order thereunder, or the
application of any provision to any person or circumstances is held invalid,
the remainder of the chapter, and the application of the provisions of this
chapter, or of the policy or order to persons or circumstances other than those
to which it is held invalid, shall not be affected thereby. (1989 Code, §
4-516)
5-1
TITLE 5 MUNICIPAL FINANCE AND TAXATION1
CHAPTER
1. MISCELLANEOUS.
2. REAL PROPERTY TAXES.
3. WHOLESALE BEER TAX.
4. PRIVILEGE TAXES.
5. CONTROL PROCEDURES FOR RECEIPT OF MONEY BY CITY.
6. MUNICIPAL PURCHASING PROCEDURES.
CHAPTER 1 MISCELLANEOUS
SECTION
5-101. Official
depositories for city funds.
5-101. Official
depositories for city funds. City funds will be invested with approved
depositories as directed by the city manager. (1989 Code, § 5-101)
1Charter references
License taxes: Art. XII. Taxation and revenue: Art. XI.
Finance director and taxation: Art. X.
5-2
CHAPTER 2 REAL PROPERTY
TAXES1
SECTION
5-201. Due date and
delinquent date of taxes. 5-202.
Property tax relief for the elderly.
5-201. Due date
and delinquent date of taxes. All taxes, except privilege taxes, shall become
due on the first day of July for the year for which assessed, and shall become
delinquent on the first day of December of the same year, and thereafter and
beginning with December 1 of each succeeding year. Penalty and interest shall
be added as provided in Article X of the city charter. (1989 Code, § 5-201)
5-202. Property
tax relief for the elderly. Pursuant to Tennessee Code Annotated, § 67-5-705
real property tax relief shall be provided to the elderly according to the
following terms and conditions:
(1) Any
taxpayer who is sixty-five (65) years of age or older and who owns residential
property and holds the same as his principal place of residence shall pay real
property taxes on such property in an amount not to exceed the maximum amount
of tax on such property imposed in the tax year on the effective date of this
chapter.
(2) Any
taxpayer who reaches the age of sixty-five (65) after the effective date of
this chapter who owns residential property and holds the same as his principal
place of residence shall thereafter pay taxes on such property in an amount not
to exceed the maximum amount of tax on such property imposed in the tax year in
which such taxpayer reaches age sixty-five (65).
(3) Any
taxpayer who is sixty-five (65) years of age or older who purchases residential
property which he holds as his principal place of residence after his
sixty-fifth (65th) birthday shall pay taxes in an amount not to exceed the
maximum amount of tax imposed on such property in the tax year in which such
property is purchased.
(4)
Notwithstanding the provisions of paragraphs (1), (2) and (3) of this section,
whenever the full market value of such property is increased as a result of
improvements to such property after the effective date of this chapter, then
the assessed value of such property shall be adjusted to include such increased
1Charter references
Date taxes due and delinquent: Art. X, sec. 3.
Due and delinquent dates may be changed by ordinances:
Art. X, sec. 6.
Penalties and interest on unpaid taxes: Art. X, sec. 5.
5-3
value and the taxes shall also be increased proportionately
with the increased value.
(5) Any
taxpayer or taxpayers, who owns residential property which is held as their
principal place of residence whose total or combined annual income from all
sources is in excess of twelve thousand dollars ($12,000) shall not be eligible
to receive the tax relief as provided by this chapter.
(6) For the
purposes of this chapter, income from all sources includes the income of all
owners of the property upon which the claim for tax relief is made.
(7) Any
taxpayer who qualifies for elderly tax relief under this chapter shall make
application for such relief upon forms and in the manner provided for by the
finance director of the city.
(8) The city
manager is authorized to issue regulations and provide forms he deems necessary
to carry out the provisions of this chapter. (1989 Code, § 5-202, modified)
5-4
CHAPTER 3 WHOLESALE BEER TAX1
SECTION
5-301. To be
collected.
5-301. To be
collected. The city manager 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. (1989 Code, § 5-301)
1Municipal code reference Title 8, chapter 2.
5-5
CHAPTER 4 PRIVILEGE TAXES
SECTION
5-401. Tax levied.
5-402. License required.
5-401. 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 a maximum amount allowed by such state laws. The taxes
provided for in the state's "Business Tax Act"1 are hereby expressly
enacted, ordained, and levied on the businesses, business activities,
vocations, and occupations carried on within the city at the rates and in the
manner prescribed by that act. The proceeds of the privilege taxes herein
levied shall accrue to the general fund of the city. (1989 Code, § 5-401)
5-402. License
required. No person shall exercise any such privilege within the city without a
currently effective privilege license, which shall be issued by the clerk to
each applicant therefor upon such applicant's payment of the appropriate
privilege tax. (1989 Code, § 5-402)
1State law reference
Tennessee Code Annotated, title 67, chapter 58.
5-6
CHAPTER 5
CONTROL PROCEDURES FOR RECEIPT OF MONEY BY CITY1
SECTION
5-501. Utilities
collection and control. 5-502. General
fund collection and control. 5-503.
Grants and bond issue receipt and control. 5-504. Audit records.
5-501.
Utilities collection and
control. The water
and sewer
collection cash drawers with a set
amount of beginning cash in each, will be maintained as follows:
(1) Collections
over the counter will be made by receipt to the customer during the hours of
8:00 A.M. to 4:00 P.M., Monday through Friday. Collection by mail and night
depository will be made by and during the same hours and properly receipted by
acceptable accounting procedures to include records produced for an internal
control record.
(2) At 8:00
A.M. each work day, employees will insure that each drawer assigned has the
predetermined amount of cash.
(3) Each work
day, each cash drawer will be reconciled and the checks and cash listed on the
cash collection receipt register.
(4) A bank
deposit form will be completed, attached to the daily receipts register.
(5) Employee
will sign form attesting to the accuracy of the daily receipts reconciliation.
(6) The cash
drawers and locked bank deposit will then be placed and locked in the safe.
(7) Before the
bank closes each day, the bank deposit will be sent to the bank and the
returned deposit form will be checked and initialed by each employee as to the
accurate receipt by the bank of the correct deposit.
(8) Each month
the water/sewer bills will be mailed out to all customers at least ten (10)
days before the due date and will become delinquent ten (10) days after the due
date.
(9) The
accuracy of the collection procedures will be monitored by the finance
director. (Ord. #1023, May 2004)
5-502. General
fund collection and control. General fund collections will be maintained as
follows:
1Municipal code references
Water and sewer system administration: title 18.
5-7
(1) Collections
over the counter for all taxes will be made by receipt during the hours of 8:00
A.M. to 4:00 P.M., Monday through Friday.
(2) Collections
by mail or depository will be made during the same work schedule as provided
for in subsection (1) and receipted by acceptable accounting procedures to
include making records of the amount received for internal control purposes.
(3) The city
park and city lake collections will be receipted within three (3) days into the
general fund drawer. The employee of each facility will turn in the collections
and will be given a receipt for the amount received. If either facility
supervisor, city manager or the finance director deems necessary, the receipts
may be turned in daily. This procedure applies to any facility that could in
the future collect monies for the city.
(4) Each
working day, the general fund cash drawer, which is combined with the water and
sewer cash drawer, will be reconciled and the checks and cash listed on the
cash collection receipt register.
(5) A bank
deposit will be completed and attached to the daily receipts and locked in the
bank transmittal bag.
(6) Employee
will sign form attesting to the accuracy of the daily cash receipts register.
(7) The general
fund cash drawer and locked bank deposit will then be locked in the walk-in
safe.
(8) Before the
bank closes each working day, the bank deposit will be sent to the bank and the
returned deposit form will be verified.
(9) Accounting
audits will be made using acceptable accounting procedures to insure accurate
credit is given and accurate billing and collection action is taken.
(10) Business
taxes will be receipted into the general fund within three (3) days of
collection.
(11) The police
department fund drawer will be reconciled daily and deposited into the general
fund. (Ord. #1023, May 2004)
5-503. Grants
and bond issue receipt and control. (1) Monies for each grant or bond issue
will be receipted by a separate account.
(2) The cash
account, if necessary will be reconciled and made a permanent record to insure
an audit trail is always available for disbursement of the funds received.
(3) Two
signatures will be required on all disbursements of grants or bond issues. (Ord. #1023, May 2004)
5-504. Audit
records. The aforementioned records are to have a cutoff on the last working
day of each month and are to remain in file three years after fiscal year end
for audit requirements. (Ord. #1023,
May 2004)
5-8
CHAPTER 6 MUNICIPAL PURCHASING PROCEDURES
SECTION
5-601. Purchasing
agent.
5-602. Purchasing
procedures.
5-603. Relations of
other departments with the finance department and city
clerk's
office. 5-604. Purchases exceeding
five hundred dollars ($500.00). 5-605.
Purchases of five hundred dollars ($500.00) or less. 5-606. Receiving report. 5-607. Emergency purchases. 5-608. Public works contracts. 5-609. General procedures and rules.
5-601.
Purchasing agent. The city manager shall act as purchasing agent for the city,
with power, except as set out in these procedures, to purchase materials,
supplies, equipment; secure leases and lease-purchases; and dispose of and
transfer surplus property for the proper conduct of the city's business. All
contracts, leases, and lease purchase agreements extending beyond the end of
any fiscal year must have prior approval of the city council. (Ord. #1024, May
2004)
5-602.
Purchasing procedures. The city manager shall have the authority to make
purchases, leases, and lease purchases up to five thousand dollars ($5,000).
The city manager shall be responsible for compliance with these procedures and
the municipal purchasing law of 1983, as amended, including required records
and reports, as if they were set out herein and made a part hereof and within definitions
of words and phrases from the law as herein defined. In no event shall a
purchase order, requisition, or contract be split or divided into two (2) or
more with the intent of evading the necessity of having competitive bids and/or
the necessity of obtaining the approval of city council. The purchase of
several complete items from a single vendor to be used in different departments
shall be considered as individual purchases.
(1) All purchases
or transactions totaling
five thousand dollars
($5,000.00) or more should be competitively bid. Three (3)
competitive bids or
quotations for the purchase of items which cost more than
one thousand dollars
($1,000.00) are desirable and required for purchases between
two thousand five
hundred dollars
($2,500.00) and five
thousand dollars ($5,000.00). All
competitive bids or quotations received shall be recorded
and maintained in the office of the city manager for a minimum of two (2) years
after audit. When requisitions are required, the competitive bids or quotations
received shall be
5-9
listed upon that document prior to the issuance of the
purchase order. Awards shall be made to
the lowest responsible bidder meeting specifications.
A description
of all projects or purchases, except as herein provided, which require the
expenditure of city funds of five thousand dollars ($5,000.00) or more shall be
prepared by the city manager, or his/her designees, and advertised for bids or
proposals. The award of purchases, leases, or lease-purchases of five thousand
dollars ($5,000.00) or more shall be made by the city council to the lowest
responsible bidder meeting specifications.
(2) Purchases amounting to five thousand dollars
($5,000.00) or more,
which do not require public advertising and sealed bids or
proposals, may be
allowed only under the following circumstances and, except
as otherwise
provided herein, when such purchases are approved by the
city council;
(a) Sole source
of supply or proprietary products as determined after complete search by using
department and the city manager, with city council approval.
(b) Emergency
expenditures with subsequent approval of the city council.
(c) Investments
in or purchases from the pooled investment fund established pursuant to
Tennessee Code Annotated, § 9-17-105 (state investment pool).
(d) Purchases
for instrumentalities created by two (2) or more cooperating governments.
(e) Purchases
from non-profit corporations whose purpose, or one of whose purposes, is to
provide goods or services specifically to municipalities.
(f) Purchases, leases, or lease-purchases of real property.
(g) Purchases,
lease, or lease-purchases, from any federal, state, or local governmental unit
or agency, of second-hand articles or equipment or other materials, supplies,
commodities, and equipment.
(h) Purchases
through other units of governments as authorized
by the Municipal Purchasing Law of 1983. State bid numbers
and supporting documentation should accompany purchase requisitions.
(i) Purchases
directed through or in conjunction with the State
Department of General Services.
(j) Purchases
from Tennessee State Industries.
(k) Professional Service
Contracts as provided
in Tennessee
Code Annotated § 12-4-106.
(l) Tort liability
insurance as provided
in Tennessee Code
Annotated, § 29-20-407.
(3) Purchases amounting to five thousand dollars
($5,000.00) or more,
which do not require public advertising and sealed bids or
proposals, may be
allowed only under the following circumstances and do not
require city council
approval:
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(a) Purchases
of fuels, fuel products, or perishable commodities. Quotes must be attached.
(b) Payment for licenses or permits required by law.
(c) Payments on
previously council approved contract items, i.e. maintenance agreements,
partial payment requests, etc. (Ord. #1024, May 2004, as amended by Ord. #1050,
Feb. 2005)
5-603.
Relations of other departments with the finance department and city clerk's
office. The finance department and city clerk's department are service agencies
for all other departments of the city with respect to purchasing. The
purchasing function is a service; and the mutual benefits derived, for the good
of the city, depend upon cooperation of each department with the others. This
manual is a guide to help the departments do their part and point out their
responsibility in purchasing.
(1) Finance
department's responsibility. (a) Aid and cooperate with all
departments in meeting their needs for operating supplies,
equipment,
and services.
(b) Process all requisitions with the least possible delay.
(c) Procure a
product that will meet the department's requirements at the least cost to the
city.
(d) Know the
source and availability of needed products and services and maintain current
vendor files.
(e) Prepare
purchase orders, and process and maintain order and requisition files.
(f) Search for
new and improved sources of supplies and services.
(g) Keep items
in storage in sufficient quantities to meet normal requirements of the city for
a reasonable length of time within space availability.
(h) Investigate
and document complaints about
merchandise
and services for future reference.
(i) Insure that
the budget has
not been exceeded
for any
purchase.
(2) City clerk's
office responsibility. (a) Assist in preparation of
specifications and to maintain specification and historical
bid files.
(b) Prepare and
advertise requests for bids and maintain bid files.
(c) Tabulate
bids and provide to using department for evaluation and recommendation.
(3) Using
department's responsibility. (a) Obtain prices on comparable
materials.
(b) Allow ample
lead time for the finance department to process
the requisition and issue the purchase order, while
permitting the supplier time to deliver the needed items.
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(c) Prepare a
complete and accurate description of materials to be purchased.
(d) Assist the
finance department and city clerk's office by selecting sources of supply.
(e) Plan purchases in order to eliminate avoidable
emergencies.
(f) Prepare specifications on items to be bid.
(g) Inspect
merchandise upon receipt, and complete a receiving report noting any
discrepancies in types, numbers, condition, or quality of goods.
(h) Advise finance
department of defective
merchandise or
dissatisfaction with vendor performance.
(i) Initiate
requests for authorization for the disposal of surplus
property.
(j) Transfer or
dispose of surplus
property as authorized.
(Ord. #1024, May 2004)
5-604. Purchases
exceeding five hundred dollars ($500.00).
(1) Purchase requisitions. All
purchases exceeding five
hundred
dollars ($500.00) must be initiated through the preparation
and submittal of a purchase requisition to the finance department. The purchase
requisition serves to inform the finance department of the needs of the using
department and to correctly define the material or service requested.
(a) When
prepared. Requisitions shall be prepared after department obtains competitive
prices and before vendor delivery.
(b) Who
prepares the requisition. Requisitions shall originate in the using department
and be signed by the requisitioner and the department head. The department head
shall file with the finance department a certified memorandum listing those who
are authorized to sign a requisition.
(c) How to
prepare. A properly processed purchase requisition must contain the following
information:
(i) Date issued
- date the requisition is prepared.
(ii) Date needed
- state a definite delivery date.
Prepare
far enough in advance to avoid emergencies.
(iii) Department
- complete name of using department.
(iv) Account
distribution - complete budgetary code.
(v) Vendor name
and address. When applicable, attach
three (3) phone quotes with vendor name, price, contact, and
supporting documentation.
(vi) Item no. -
numerical order of items listed.
(vii) Quantity
- number required.
(viii) Unit -
dozen, lineal feet, gallons, etc.
(ix) Description -
give a clear
description of the
items
desired as to size, color, type, etc. If the purchase is of technical
5-12
nature, specifications should be attached to the
requisition. If the item cannot be described without a great amount of detail,
a brief description should be given followed by a trade name and model number
of an acceptable item "or approved equal."
NOTE:
Incomplete information in this area will result in the requisition being
returned to the using department for clarification.
(x) Unit price -
price for each individual item.
(xi) Amount -
total of quantity times unit price.
(xii) Delivery instructions -
Be specific. If
vague or indefinite, confusion
may result in costly delays.
(xiii) Requisitioner - signature of the person
initiating the purchase request.
(xiv) Department
head - signature of the department head.
(d) Routing of
requisitions. Prepare three copies of the purchase requisition. Send the
original and one copy to the finance department and retain the third copy in
department files. The finance officer shall certify by signature that the
proper account has been charged and the availability of budgetary and cash
funds. The original requisition shall then be returned to the purchasing
department and the copy filed in the office of the finance director.
(e) General information. A requisition
must be completed before a purchase is made, except as otherwise provided
herein. Approximate cost of items will enable finance to determine if bids are
required.
If a
requisition is incomplete or improperly prepared, the finance department shall
return it to the using department for completion. An incomplete requisition
could cause unnecessary delays.
THE
REQUISITIONER SHALL NOT SPLIT ORDERS TO CIRCUMVENT ANY PROVISION OF THE CITY
CODE OR CHARTER, THIS MANUAL, OR ANY POLICY ESTABLISHED BY THE CITY, NOR SHALL
REQUISITIONS BE SUBMITTED FOR THE SOLE PURPOSE OF USING UP BUDGETARY BALANCES.
(f) Expediting
orders. If a company is awaiting a purchase order to process a rush order, the
words EXPEDITE IMMEDIATELY must be placed in the body of the requisition. The
finance department will then contact the vendor and supply a purchase order
number. This process will be the exception rather than the rule.
(g)
Insufficient funds. If it is determined by the finance director that the
account lacks a sufficient budget, it will be referred to the city manager, who
will notify the department head.
(2) Purchase
orders. Following the approval of a purchase requisition,
a purchase order is prepared by the finance department to
authorize the seller to ship and invoice the materials and services as
specified. Purchase orders
5-13
shall be written so that they are clear, concise, and
complete. This prevents
misunderstandings and unnecessary correspondence with suppliers.
(a) When
prepared. Purchase orders are issued only after an acceptable requisition has
been submitted and after approval of the city manager and the finance officer.
No purchase order will be issued until the finance officer has certified
adequate budgetary and cash balances to make the purchase, except as otherwise
provided herein
(b) Who issues
the purchase order. Only the
finance department shall issue purchase orders.
(c)
Cancellations. The finance department must initiate all cancellations and will
issue a purchase order to the next best vendor or renew the purchasing
process. (Ord. #1024, May 2004)
5-605.
Purchases of five hundred dollars ($500.00) or less. Purchases of five hundred
dollars ($500.00) or less can be made without the use of a purchase
requisition; however, a purchase order issued through the finance department is
required.
The department
head, or authorized purchaser, may obtain a purchase order from the finance
department. It is the responsibility of the department head, considering price
and quality, to determine the best source of supply. All local sources should
be considered before a purchase is made. UNDER NO CIRCUMSTANCES MAY MULTIPLE
FORMS BE USED, IF THE PURCHASE IS OVER THE DOLLAR LIMIT, IN AN EFFORT TO AVOID
FILLING OUT A PURCHASE REQUISITION.
The following
information must be provided by the ordering department prior to the issuance
of a purchase order:
(1) Vendor - firm or person from whom purchase is being
made.
(2) Vendor's address - address of vendor.
(3) Quantity - the amount ordered of each item described.
(4) Description - brief description of item(s) to be
purchased.
(5) Account to
be charged - complete budgetary code of using department.
(6) Price - amount equal to quantity times unit cost.
Following
issuance, a numbered purchase order is delivered to department heads. Department
heads will review and sign the purchase order. Purchase orders will be returned
to finance department. (Ord. #1024, May 2004)
5-606.
Receiving report. Receiving reports are designed to notify the city manager and
the city manager that items of a particular order have been received. At the
direction of the city manager and the finance director, receiving reports are
required using one of two methods:
(1) The person
receiving the merchandise
or service can
sign the
invoice signifying that goods have been received and are in
good condition; or
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(2) Material receiving
report. (a) When
prepared. This form
is
completed immediately upon receipt of materials, supplies,
or services.
(b) Who prepares. The
person receiving the merchandise.
(c) How to
prepare. A properly prepared material report must contain the following
information:
(i) Purchase
order number.
(ii) Name of
vendor.
(iii) Name of
person receiving the item.
(iv) Date
received.
(v) Number of
items received.
(vi) Brief
statement describing item(s).
(vii) Unit
price from the purchase order.
(viii) Unit
measure (foot, lb., etc.)
(ix) Amount equal
to quantity times unit cost.
(x) Amount (if
any) charged for delivery.
When any
item(s) is not in satisfactory condition, a statement on the condition of the
item(s) shall be made in the description column or on the invoice. No statement
as to condition in this column shall certify that the item(s) is in
satisfactory condition. (Ord. #1024,
May 2004)
5-607.
Emergency purchases. (1) Purchase. Emergency purchases are to be made by
departments only when normal functions and operations of the department would
be hampered by submitting a requisition in the regular manner, or where
property, equipment, or life are endangered through unexpected circumstances
and materials, services, etc., are needed immediately.
(2) By whom
made. Emergency purchases, either verbal or written, may be made directly by
the using department without competitive bids, provided sufficient
appropriation has been made to cover such occasions and necessary approvals
have been secured.
(3) Who
authorizes. The city manager or department supervisors designated in writing
and approved by the city manager may authorize an emergency purchase.
(4) How to
make. After determining that a true emergency exists, the following procedure
should be used:
(a) Notify the
finance department of the need and nature of the emergency. The finance
department will give verbal approval and issue a purchase order number. This
number will be referenced on the requisition.
(b) Using
department shall at all times use sound judgment in making emergency purchases
of materials and supplies and for labor or equipment at the best possible
price. Orders should be placed with vendors with whom the using department has
had previous satisfactory experience.
5-15
(c) Suppliers
shall furnish sales tickets, delivery slips, invoices, etc., for the supplies
or services rendered. Terms of the transactions, indicating price and other
data, shall be shown.
(d) Upon
completion of the purchase, on the same or following business day, the using
department shall perform the following:
(i) Present to
the finance department a
completed
requisition stating a description of the emergency and
approval by the department head. The words "confirming emergency
purchase" shall be marked plainly on the requisition, along with the
purchase order number used.
(ii) The sales
ticket, delivery slips, invoices, and material
receiving report confirming the purchase must be attached to
the emergency requisition form.
(iii) The finance
department will issue
the vendor a
purchase order marked "Confirmation."
(e) If an
emergency should occur during a time when the finance department normally is
closed, the using department will follow the above procedure with the exception
of step (a). The evidence of purchase, such as sales slip, counter receipt,
delivery slip, invoice, etc., which the supplier normally furnishes, shall be
attached to the completed and approved requisition form and be forwarded to the
finance department, along with a material receiving report.
(f) The person
authorizing the emergency purchase shall prepare a report to the city manager
and the city council, as soon as possible, specifying the amount paid, the
item(s) purchased, from whom the purchase(s) was made, and the nature of the
emergency.
NOTE: EMERGENCY PURCHASES ARE
COSTLY AND
SHOULD BE KEPT TO A MINIMUM. Avoiding emergency orders will ultimately
save the city money. (Ord. #1024, May
2004)
5-608. Public
works contracts. (1) Any public work or improvement, costing more than one
thousand dollars ($1,000) shall be executed by contract, except when a specific
work or improvement is authorized by the city council and approved by the city
manager.
(2) All
contracts for more than one thousand dollars ($1,000.00) shall be awarded to
the lowest responsible bidder, after publication, advertisement, and
competition; but no contract for any public work or improvement shall be
awarded except on condition that the contractor gives bond with some bonding
company authorized to transact business in the state of Tennessee as surety, in
a sum equal to at least fifty percent of the contract price of the particular
work or improvement for the faithful performance of such contract.
(3) The city
manager shall have the power to reject all of the bids and to perform the work
with city resources and all advertisements shall contain a reservation of this
right.
5-16
(4) Sealed bids
or proposals. Sealed bids are required
on purchases of
five thousand dollars ($5,000.00) or more. Advertisement of
bids in a local newspaper of general circulation must be not less than five (5)
days before bid opening date.
(a) City clerk's
office responsibility. (i) Prepare bid
requests.
(ii) Establish
date and time for bid opening.
(iii) Mail bid requests and advertise as
appropriate. If
hand delivered, an appropriate receipt of the bid request
should be signed by the vendor.
(iv) Receive and
open bids.
(v) Tabulate
bids and distribute to using department for
their evaluation and recommendation.
(vi) Maintain all
specification and bid data files.
(b) Using
department's responsibility. (i) Prepare requisition
to initiate bid process. This should contain specific
information
about items needed, i.e., quantity, size, brand preferred,
performance requirements, suggested vendors, etc.
(ii) Submit
requisition to initiate bid process to the city
clerk's office at least three (3) weeks prior to the date
the bids are to be opened.
(iii) After bids
are opened and
tabulated, evaluate bid
results and make recommendation on award to city council for
approval.
(iv) Contact
finance department to initiate preparation of
purchase order after city council approval.
(c) The
following policies shall apply to sealed bids:
(i) Bid or
proposal opening. Bids will be opened
at the
time and date specified on the bid request. All bids are
opened publicly and read aloud, with a tabulation provided to all vendors
participating. Faxed or electronically submitted bids will not be accepted when
a sealed bid is required.
(ii) Late
bids. No bids received after closing
time will be
accepted. All late bids will be so noted and filed unopened
in the bid file unless requested by the vendor to be returned. Bids postmarked
on the bid opening date but received after the specified time will be
considered late and will remain unopened.
(iii) Bid opening
schedule. The city
clerk's office is
responsible for setting bid opening dates and times.
(iv) Telephone
bids. The city clerk's office will not
accept
any bid by telephone.
(v) Bid
form. The city clerk's office will send
one copy of
the bid request form to each bidder. Bids will not be
accepted on any vendor letterhead, vendor bid form, or other substitutions
unless special permission is granted by the city clerk's office.
5-17
(vi) Unsigned
bids. Failure of a vendor
representative to
sign a bid proposal removes that bid from consideration. A
typed official's name will not be acceptable without that person's written
signature.
(vii)
Acceptance of bids. The city reserves the right to reject any or all bids, to
waive any irregularities in a bid, to make awards to more than one bidder, to
accept any part or all of a bid, or to accept that bid (or bids) which in the
judgment of the city council is in the best interest of the city.
(viii) Shipping
charges. Bids are to include all shipping charges to the point of delivery.
Bids will only be considered on the basis of delivered price, except as
otherwise authorized by the city council.
(ix) Sample product
policy. The city
may request a
sample product as part of a bid. If this is stated on the
bid proposal form, the vendor is required to comply with this request or have
the bid removed from consideration.
(x) Approved
equal policy. Specifications furnished in the
request for bid are intended to establish a desired quality
or performance level or other minimum requirements which will provide the city
with the best product available at the lowest possible price.
When a brand
name and/or model is designated, it signifies the minimum quality acceptable.
If an alternate is offered, the bidder must include the brand name or model to
be furnished, along with complete specifications and descriptive literature,
and, if requested, a sample for testing.
Other than
designated and/or models approved as "equal to" designated products
shall receive equal consideration.
(xi) Alternate
bids. Should it be found, after bids
have
been opened, that a product has been offered with an
alternate specification and that this product would prove to be satisfactory
and more economical for the city to use, all bids for that item may be rejected
and specifications re-drawn to allow all bidders an equal opportunity to submit
bids on the alternate item.
(xii) Vendor
identification. Potential suppliers are selected from existing vendor files,
using department's suggestions, and any and all sources available to locate
vendors related to a specific product or service. New suppliers are added to
the bid list as they are identified.
(xiii) Tie bids.
A tie bid
is one in
which two or
more
vendors bid identical items at the same unit cost. Tie bids may be
determined by one of the following factors:
(A) Discount
allowed.
5-18
(B) Delivery schedule.
(C) Previous vendor performance.
(D) Vendor location.
(E) Trade-in
value offered.
(xiv)
Cancellation of invitation for bid or request for proposal. An invitation for
bid, a request for proposal, or other solicitations may be cancelled, or any or
all bids or proposals may be rejected in part as may be specified in the
solicitation when it is in the best interest of the city. The reasons therefore
shall be a made of a part of the bid or proposal file.
(xv) Public
advertisement. In addition to publication in a newspaper of general circulation
as required by law, the city manager may make any other efforts deemed
appropriate to notify all prospective bidders of the invitation to bid. This
may be accomplished by delivery, verbally, by mail, or by posting the
Invitation to Bid in a public place. It is not required that specifications be
included in the Invitation to Bid; however, this notice should state clearly
the purchase that is to be made.
(xvi) Sealed
bids and sealed proposals. "Although the formal sealed bid process should
remain a standard in public purchasing, there is a place for competitive
negotiation." (State and Local Government Purchasing, The Council of State
Governments (1975) at 2.2). Competitive sealed bidding, as defined in this
code, is the preferred method of procurement. The competitive sealed proposal method
(similar to competitive negotiation) is available for use when competitive
sealed bidding is not practicable.
Both methods
utilize price and product competition, but to different degrees and in
different manners. The use of functional or performance specification is
allowed under both methods to facilitate consideration of alternative means of
meeting (state) needs, with evaluation, where appropriate, on the basis of
total or life cycle costs. The methodology and the ranking or relative importance
of the criteria to be used in the evaluation process under either method must
be fully disclosed in the solicitation. Only criteria disclosed in the
solicitation may be used to evaluate the items bid or proposed.
The two methods
of source selection differ in the following ways:
(A) Under
competitive sealed bidding, subjective
factors may be issued only to determine if the supply,
service, or construction item bid meets the purchase description. Under
competitive sealed proposals, subjective factors may be used to determine not
only if the items being
5-19
offered meet the purchase description but may also be used
to evaluate competing proposals. The effect of this different use of subjective
evaluation is that under competitive sealed bidding, once the subjective
evaluation is completed, award is made on a purely objective basis to the
lowest responsive and responsible bidder. Under competitive sealed proposals,
the quality of competing products may be compared and trade-offs made between
price and quality of the items offered (all as set forth in the solicitation).
Award under competitive sealed proposals is then made to the responsible offer
or whose proposal is most advantageous to the city.
(B) Competitive sealed
bidding and competitive
sealed proposals also differ in that, under competitive
sealed bidding, no change in bids is allowed once they have been opened, except
for correction of errors in limited circumstances. The competitive sealed
proposal method, on the other hand, permits discussions after proposals have
been opened to allow clarification and changes in proposals provided that
adequate precautions are taken to treat each offer fairly and to ensure that
information gleaned from competing proposals is not disclosed to other offerors."
(Source: A Model Procurement Code for State and Local Governments --
Coordinating Committee's Tentative Draft. American Bar Association, July,
1978. Pages 54 & 55.)
(d) Other aspects to be considered in bid awards.
In addition to
price, the following aspects also will be considered in the
award of a bid:
(i) The ability
of the bidder to perform the contract or
provide the material or service required.
(ii) Whether the
bidder can perform
the contract or
provide the material or service promptly or within the time
specified, without delay or interference.
(iii) The
character, integrity, reputation, experience, and
efficiency of the bidder.
(iv) The previous
and existing compliance, by the bidder,
with laws and ordinances relating to the contract or
service.
(v) The ability of
the bidder to
provide future
maintenance and service for the use of the subject contract.
(vi) Terms and
conditions stated in bid.
(vii)
Compliance with specifications or request for proposal.
(e) Non-performance policy. Failure of a bidder to
complete a
contract, bid, or purchase order in the specified time
agreed upon, or
failure to provide the service, materials, or supplies
required by such
contract, bid, or
purchase order, or
failure to honor a
quoted price on
5-20
services, materials, or supplies on a contract, bid, or
purchase order may result in one or more of the following actions:
(i) Removal of
a vendor from bid list for a period to be
determined by the city council.
(ii) Allowing
the vendor to find the needed item for the
city from another supplier at no additional cost to the
city.
(iii) Allowing the
city to purchase
the needed service,
materials, or supplies from another source and charge the
vendor for any difference in cost resulting from this purchase.
(iv) Allowing
monetary settlement.
(f) Request for
bid. The Request for Bid form shall be used when deemed necessary by the
city manager.
(g) Summary of bids. The summary of bids form
shall be issued by the city clerk's office to record quotations. (Ord. #1024,
May 2004)
5-609. General
procedures and rules. (1) Preference to local dealers. In the purchasing of
supplies, materials, equipment, and services for the city's requirements,
preference shall be given those dealers having stores or warehouses within the
city; price, quality, delivery, and service being equal.
(2) Federal
excise tax. The city is exempt from the payment of excise taxes imposed by the
federal government, and suppliers should be requested to deduct the amount of
such taxes from their bids, quotations, and invoices.
(3)
Standardization requirements. Important
economies can be effected through standardizing supplies and materials that can
be purchased in large amounts. Thus, department heads should adopt as standards
the minimum number of quantities, sizes, and varieties of commodities
consistent with successful operation. Where practical, materials and supplies
should be purchased on the basis of requirements for a six-month period.
(4) Inspection
of deliveries. No invoices for supplies, materials, or equipment shall be
accepted for payment until such supplies, materials, etc., have been received and
inspected by the department head.
(5)
Correspondence with suppliers. Copies of any correspondence with suppliers
concerning prices, adjustments, and defective merchandise shall be forwarded to
the finance department. All invoices, bills of lading, delivery tickets, and
other papers pertaining to purchases shall be sent to the finance department.
(6) Claims. The
city manager shall prosecute all claims for shortages, breakages, or other
complaints against either shipper or carrier in connection with shipments.
(7) Public
inspection of records. The city clerk's office and finance department shall
keep a complete record of all quotations, bids, and purchase orders. Such records shall be open to public
inspection.
(8) Prohibition
of contracts with municipal officers. State laws governing doing business with
officers of the city are:
5-21
(a) Tennessee
Code Annotated, § 6-54-107. Interest of officer in
municipal contracts prohibited. (i) No person holding office
under
any municipal corporation shall, during the time for which
he was
elected or appointed, be capable of contracting with such
corporation for the performance of any work which is to be
paid for
out of the treasury. Nor shall such person be capable of
holding or
having any other direct interest in such a contract.
"Direct
interest" means any contract with any business in which
the
official is the sole proprietor, a partner, or the person
having the
controlling interest. "Controlling interest" shall
include the
individual with the ownership or control of the largest
number of
outstanding shares owned by any single individual or
corporation.
(ii) No officer
in a municipality shall
be indirectly
interested in any contract to which the municipality is a
party unless the officer publicly acknowledges his interest and excuses himself
from any of his duties which include the consideration of, voting on, or
overseeing the particular contract. "Indirectly interested" means any
contract in which the officer is interested but not directly so, but includes
contracts where the officer is directly interested but is the sole supplier of
goods or services in a municipality.
(b) Tennessee
Code Annotated, § 12-4-101. Personal interest of
officers prohibited. (i) It shall not be lawful for any
officer,
committeeman, director, or other person whose duty it is to
vote
for, let out, overlook, or in any manner to superintend any
work or
any contract in which any municipal corporation, county,
state,
development districts, utility districts, human resource
agencies,
and other political subdivisions created by statute shall or
may be
interested, to be directly interested in any such contract.
"Directly
interested" means any contract with the official
himself or with
any business in which the official is the sole proprietor, a
partner,
or the person having the controlling interest. "Controlling
interest" shall include the individual with the
ownership or control
of the largest number of outstanding shares owned by any
single
individual or corporation.
(ii) It shall
not be lawful for any officer, committeeman,
director, or other person whose duty it is to vote for, let
out,
overlook, or in any manner to superintend any work or any
contract in which any municipal corporation, county, state,
development districts, utility districts, human resource
agencies,
and other political subdivisions created by statute shall or
may be
interested, to be indirectly interested in any such contract
unless
the officer publicly acknowledges his
interest. "Indirectly
interested" means any contract in which the officer is
interested
5-22
but not directly so, but includes contracts where the
officer is directly interested but is the sole supplier of goods or services in
a municipality or county.
(9) Designee.
When a position such as city manager, finance director, city clerk, or
department head is mentioned herein, their assistants or designees are included
as if they also were written thereafter; provided that persons holding these
positions have designated others to carry out such duties.
(10) Definitions.
(Municipal Purchasing Law of 1983 as amended).
(a) Customarily
purchased. That which is regularly purchased under specific circumstances which
would be considered reasonable and appropriate. (Example: After two (2)
consecutive years; then, not required after two (2) consecutive years of not
attaining the total amount of $2,500.00).
(b) Like items.
Those items that are similar and may be purchased at the lowest common
denominator, such as size, color, etc.
(c) Lot. A
single grouping of like items to be purchased at one time.
(d) Single
source of supply. The availability of only one vendor for a product or service
within a reasonable marketable distance of the city.
(e) Proprietary
product. A brand-name product made and marketed by one having the exclusive
right to manufacture and sell.
(f) Within the
limits of the approved budget. Purchases must be held within appropriation
limits in those funds requiring budgets either by law, regulation, or policy.
(11)
Performance and bid bonds. Performance, payment, and bid bonds may be required
as may be deemed appropriate by the city charter, city manager or the city
council.
(12) Architect
or engineer required. Plans, specifications and estimates for any public works
project exceeding twenty-five thousand dollars ($25,000.00) must be prepared by
a registered architect or engineer as required by Tennessee Code Annotated, §
62-2-107.
(13) Delinquent
delivery. Once the finance department has issued a purchase order, no follow-up
work is done unless the using department advises the item has not been
received. Upon this notification, the finance department will initiate action,
either written or verbal as time allows, to investigate the delay. The using
department will be advised of any further problems or a revised delivery date.
(14)
Contractual purchases. Such materials, supplies, or services which are
constantly needed for city operations will be taken on a formal bid and will be
awarded by the city council for a contract period determined to be in the best
interest of the city. These purchases supersede bidding requirements, but not
budgetary restraints, even if the purchases total over five thousand dollars
($5,000.00) at one or several times throughout the year.
5-23
(15) Items
covered by warranty or guarantee. The city acquires many items which have a
warranty or guarantee for a certain length of time, such as tires, batteries,
water heaters, roofs, and equipment. Before these items are repaired or
replaced, the city manager should be consulted to see if the item is covered by
such warranty or guarantee. The city manager shall maintain an active current
file with complete information on such warranties or guarantees. All warranties
must be remitted to the city manager with the invoice indicating date of
receipt.
(16)
Signatures. Contracts, applications for title, tax exemption certificates,
agreements, and contracts for utilities shall not be signed by any city
employee unless authorized in writing by the city manager or by action of the
city council.
(17) Trade-Ins. List of equipment to be used as trade-in shall
accompany the request and specifications. The list includes the model, year,
serial and city tag numbers, and other pertinent data.
(18) Inspection
and testing. When deemed necessary, the city manager may cause to be inspected
all deliveries of supplies, materials, equipment, or contractual services to
determine their performance with the specification set forth in an order or
contract.
The city
manager may require chemical and physical tests of materials
submitted with bids and delivery samples, or after products
have been delivered,
to determine their
quality in conformance with
specifications. In the
performance of such tests, the city manager may make use of
laboratory facilities of any outside laboratory.
(19) Sale of surplus property. When a
department head determines that
there is surplus equipment or material within the
department, he or she shall
notify the city manager in writing of any such equipment or
materials. The city
manager will determine the best method of disposal of those
items with an
estimated value of less than five hundred dollars ($500.00)
and instruct the
department head as to the disposal method. Following
approval by the city
council, items with an estimated value of five hundred
dollars ($500.00) or more
shall be disposed of by one of the following methods:
(a) As a trade-in on the purchase of new equipment,
(b) Advertised and bids received by the city manager,
(c) Transferred from one department to another, or
(d) Sold at public auction.
If sold by sealed bid or at auction, such equipment or
material shall be sold to the highest bidder. The finance officer shall be
notified of any such transfer or sales.
(Ord. #1024, May 2004)
6-1
TITLE 6
LAW ENFORCEMENT1
CHAPTER
1. GENERAL.
2. ARREST PROCEDURES.
3. CITATIONS, WARRANTS, AND SUMMONSES.
4. WORKHOUSE.
CHAPTER 1
GENERAL2
SECTION
6-101. Policemen
subject to chief's orders. 6-102.
Policemen to preserve law and order, etc. 6-103. Police department records.
6-101. Policemen
subject to chief's orders. All policemen shall obey and comply with such orders
and administrative rules and regulations as the city manager and police chief
may officially issue. (1989 Code, §
6-101)
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 trial of cases, and shall also promptly serve any legal
process issued by the city court.3
(1989 Code, § 6-102)
1Municipal code references
Civil Rights Policy Statement: title 20, chapter 5.
Issuance of citations
in lieu of
arrest in traffic
cases: title 15,
chapter 7. Mutual
aid and emergency assistance: title 20, chapter 4.
2Charter references
Appointment of chief and police officers by city
manager: Art. XVII,
§ 1. Duties
enumerated and described: Art. XVII, §
1. Emergency powers of mayor: Art.
XVII, § 2.
3Charter reference Art. XX, § 10.
6-2
6-103. 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.
(4) Any other
records required to be kept by the city manager or by law. (1989 Code, § 6-103)
6-3
CHAPTER 2 ARREST PROCEDURES
SECTION
6-201. When
policemen to make arrests. 6-202.
Disposition of persons arrested.
6-201. 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.
(1989 Code, § 6-201)
6-202.
Disposition of persons arrested. (1) For code or ordinance violations. Unless
otherwise provided by law, a person arrested for a violation of this code or
other city ordinance, shall be brought before the city court. However, if the
city court is not in session, the arrested person shall be allowed to post bond
with the city court clerk, or, if the city court clerk is not available, with
the ranking police officer on duty. If the arrested person fails or refuses to
post bond, he shall be confined pending his release by the city judge. In addition,
if the arrested person is under the influence of alcohol or drugs when
arrested, even if he is arrested for an offense unrelated to the consumption of
alcohol or drugs, the person shall be confined until he does not pose a danger
to himself or to any other person.
(2) Felonies or misdemeanors. A
person arrested for a felony
or a
misdemeanor shall be disposed of in accordance with
applicable federal and state law and the rules of the court which has
jurisdiction over the offender. (1989 Code, § 6-202)
1Municipal code reference
Issuance of citation in lieu of arrest in traffic
cases: title 15, chapter 7.
6-4
CHAPTER 3 CITATIONS, WARRANTS, AND SUMMONSES
SECTION
6-301. Citations in
lieu of arrest in non-traffic cases. 6-302.
Summonses in lieu of arrest.
6-301.
Citations in lieu of arrest in non-traffic cases.1 Pursuant to Tennessee Code
Annotated, § 7-63-101, et seq., the city council appoints the fire chief in the
fire department and the building inspector in the building department special
police officers having the authority to issue citations in lieu of arrest. The
fire chief in the fire department shall have the authority to issue citations
in lieu of arrest for violations of the fire code adopted in title 7, chapter 2
of this municipal code of ordinances. The building inspector in the building
department shall have the authority to issue citations in lieu of arrest for
violations of the building, utility and housing codes adopted in title 12 of
this municipal code of ordinances.
The citation in
lieu of arrest shall contain the name and address of the person being cited and
such other information necessary to identify and give the person cited notice
of the charges against him, and state a specific date and place for the
offender to appear and answer the charges against him. The citation shall also
contain an agreement to appear, which shall be signed by the offender. If the
offender refuses to sign the agreement to appear, the special officer in whose
presence the offense was committed shall immediately arrest the offender and
dispose of him in accordance with Tennessee Code Annotated, § 7-63-104.
It shall be
unlawful for any person to violate his agreement to appear in court, regardless
of the disposition of the charge for which the citation in lieu of arrest
was issued. (1989 Code, § 6-301)
6-302.
Summonses in lieu of arrest. Pursuant to Tennessee Code Annotated, § 7-63-201
et seq., which authorizes the city council to designate certain city
enforcement officers the authority to issue ordinance summonses in the areas of
sanitation, litter control and animal control, the council designates the
police in the sanitation department and the animal control forces in the animal
control department to issue ordinance summonses in those areas. These
enforcement officers may not arrest violators or issue citations in lieu of
arrest, but upon witnessing a violation of any ordinance, law or regulation in
the areas
1Municipal code reference
Issuance of citations
in lieu of
arrest in traffic
cases: title 15, chapter 7.
6-5
of sanitation, litter control or animal control, may issue
an ordinance summons and give the summons to the offender.
The ordinance
summons shall contain the name and address of the person being summoned and
such other information necessary to identify and give the person summons notice
of the charge against him, and state a specific date and place for the offender
to appear and answer the charges against him. The ordinance summons shall also
contain an agreement to appear, which shall be signed by the offender. If the
offender refuses to sign the agreement to appear, the enforcement officer in
whose presence the offense occurred may
(1) Have a summons issued by the clerk of the city court, or
(2) May seek
the assistance of a police officer to witness the violation. The police officer
who witnesses the violation may issue a citation in lieu of arrest for the
violation, or arrest the offender for failure to sign the citation in lieu of
arrest. If the police officer makes an arrest, he shall dispose of the person
arrested as provided in § 6-201 above.
It shall be
unlawful for any person to violate his agreement to appear in court, regardless
of the disposition of the charge for which the ordinance summons was
issued. (1989 Code, § 6-302)
6-6
CHAPTER 4 WORKHOUSE
SECTION
6-401. County
workhouse to be used. 6-402. Inmates to be worked. 6-403. Compensation of inmates.
6-401. 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.1 (1989 Code, §
6-401)
6-402. Inmates to
be worked. All persons
committed to the
workhouse, to the extent that their physical condition
permits, shall be required to perform such public work or labor as may be
lawfully prescribed for the county prisoners.
(1989 Code, § 6-402)
6-403.
Compensation of inmates. Each workhouse inmate shall be allowed five dollars
($5.00) per day as credit toward payment of the fines assessed against
him. (1989 Code, § 6-403)
1Charter reference Art. XX, § 6.
7-1
TITLE 7 FIRE
PROTECTION AND FIREWORKS1
CHAPTER
1. FIRE CODE.
2. LIFE SAFETY CODE.
3. FIRE BUREAU.
4. FIRE HYDRANTS AND FIRE ACCESS AREAS.
5. FIREWORKS.
6. OPEN BURNING.
CHAPTER 1 FIRE CODE
SECTION
7-101. International
fire code adopted.
7-102. Enforcement.
7-103. Modifications.
7-104. Gasoline
trucks.
7-105. Variances.
7-106. Violations and
penalties.
7-101.
International fire code adopted. Pursuant to authority granted by Tennessee
Code Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of providing
a reasonable level of life safety and property protection from the hazards of
fire, explosion or dangerous conditions in new and existing buildings,
structures, and premises, and to provide safety to fire fighters and emergency
responders during emergency operations, the International Fire Code, 2003
edition, as recommended by the International Code Council, is hereby adopted by
reference and included as a part of this code. Exception: Any and all projects
requiring review, approval and/or inspection by the Tennessee State Fire
Marshal's Office to which the 1999 SBCCI Standard Fire Code shall apply.
Pursuant to the requirement of Tennessee Code Annotated, § 6-54-502, one (1)
copy of the international fire code has been filed with the city recorder and
is available for public use and inspection. Said international fire code is
adopted and incorporated as fully as if set out at length herein and shall be
controlling within the corporate limits.
1Municipal code reference
Mutual aid and emergency assistance: title 20, chapter 4.
7-2
7-102.
Enforcement. The international fire 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.
7-103.
Modifications. The International Fire Prevention Code adopted in § 7-201 above
is modified by deleting therefrom section 108, titled “Board of Appeals,” in
its entirety; § 7-106 below shall control appeals.
7-104. 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.
7-105.
Variances. The chief of the fire department may recommend to the city council
variances from the provisions of the international fire 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.
7-106.
Violations and penalties. It shall be unlawful for any person to violate any of
the provisions of this chapter or the International Fire 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
violation of any section of this chapter shall be punishable by a penalty under
the general penalty provision of this code. Each day a violation is allowed to
continue shall constitute a separate offense. The application of a penalty
shall not be held to prevent the enforced removal of prohibited conditions.
7-3
CHAPTER 2 LIFE SAFETY CODE
SECTION
7-201. Life safety
code adopted. 7-202. Violations and
penalties.
7-201. Life
safety 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 the construction, protection, and occupancy features necessary to
minimize danger to life from fire, including smoke, fumes, or panic, the Life
Safety Code, (NFPA No. 101),1 2003 edition, as recommended by the National Fire
Protection Association, is hereby adopted by reference and included as a part
of this code. Pursuant to the requirement of Tennessee Code Annotated, §
6-54-502, one (1) copy of the Life Safety Code has been filed with the city
clerk and is available for public use and inspection. The Life Safety Code is
adopted and incorporated as fully as if set out at length herein and shall be
controlling within the corporate limits.
7-202.
Violations and penalties. It shall be unlawful for any person to violate any of
the provisions of this chapter or the Life Safety Code herein adopted, or fail
to comply therewith. The violation of any section of this chapter shall be
punishable under the general penalty provision of this code. Each day a
violation is allowed to continue shall constitute a separate offense. The
application of a penalty shall not be held to prevent the enforced removal of
prohibited conditions.
1Copies of this
code are available
from the National
Fire Protection Association,
Inc., 1 Batterymarch Park, Quincy, MA 02269-9101.
7-4
CHAPTER 3
FIRE BUREAU1
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.
7-307. Fire service
outside city limits.
7-308. Chief to be
assistant to state officer.
7-301.
Establishment, equipment, and membership.2 There has been heretofore created
and hereby remains in full force and effect a fire bureau to be supported and
equipped from appropriations by the city council of the city. 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 bureau shall be composed of a
chief appointed by the city council and such number of physically-fit
subordinate officers and firemen as the city manager shall appoint. (1989 Code,
§ 7-301)
7-302.
Objectives. The fire bureau
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. (1989 Code, § 7-302)
1Charter references
Fire bureau provided
for; appointment and
duties of fire
chief and
firemen: Art. XVIII, § 1.
Police powers of fire chief: Art. XVIII, § 2.
Fire investigator:
Art. XVIII, § 3. Municipal code reference
Operation of emergency vehicles: title 15, chapter 2.
2Charter reference Art. XVIII, § 1.
7-5
7-303.
Organization, rules, and regulations. The chief of the fire bureau shall set up
the organization of the bureau, 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 bureau, under direction of
the city manager. (1989 Code, § 7-303)
7-304. Records
and reports. The chief of the fire bureau shall keep adequate records of all
fires, inspections, apparatus, equipment, personnel, and work of the bureau. 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. (1989 Code, § 7-304)
7-305. Tenure
and compensation of members.1 The chief shall hold office so long as his
conduct and efficiency are satisfactory to the city manager. However, so that
adequate discipline may be maintained, the chief shall have the authority to
suspend any other member of the fire bureau when he deems such action to be
necessary for the good of the bureau. The chief may be suspended or dismissed
only by the city manager.
All personnel
of the fire bureau shall receive such compensation for their services as the
city council may from time to time prescribe. (1989 Code, § 7-305)
7-306. Chief responsible
for training. The chief of the fire bureau shall be fully responsible for the
training of the firemen, and the minimum training shall consist of having the
personnel take the fire apparatus out for practice operations not less than
once a month. (1989 Code, § 7-306)
7-307. Fire
service outside city limits. The board shall have full power and authority to
authorize the use of the city's fire-fighting equipment and personnel outside
the corporate limits to suppress and extinguish fires subject to such
conditions and limitations of such action as the board may impose pursuant to
the authority of:
(1) Tennessee
Code Annotated, § 58-8-101, et seq., the Mutual Aid and
Emergency Disaster Assistance Agreement Act of 2004, which
authorizes municipalities to respond to requests from other governmental
entities affected by situations in which its resources are inadequate to
handle. The act provides procedures and requirements for providing assistance.
No separate mutual aid agreement is required unless assistance is provided to
entities in other states, but a municipality may, by resolution, continue
existing agreements or establish separate agreements to provide assistance.
Assistance to entities in other states
1Charter reference
Art. XVIII, § 1; Art. VIII, § 4.
7-6
is still provided pursuant to Tennessee Code Annotated, §
12-9-101, et seq. "Assistance" is defined in the act as "the
provision of personnel, equipment, facilities, services, supplies, and other
resources to assist in firefighting, law enforcement, the provision of public
works services, the provision of emergency medical care, the provision of civil
defense services, or any other emergency assistance one governmental entity is
able to provide to another in response to a request for assistance in a
municipal, county, state, or federal state of emergency."
(2) Tennessee
Code Annotated, § 12-9-101, et seq., the Interlocal Cooperation Act, which
authorizes municipalities and other governments to enter into mutual aid
agreements of various kinds.
(3) Tennessee
Code Annotated, § 6-54-601, which authorizes municipalities to:
(a) Enter into
mutual aid agreements with other municipalities, counties, privately
incorporated fire departments, utility districts and metropolitan airport
authorities which provide for firefighting service, and with industrial fire
departments, to furnish one another with fire fighting assistance.
(b) Enter into
contracts with organizations of residents and property owners of unincorporated
communities to provide such communities with firefighting assistance.
(c) Provide
fire protection outside their city limits to either citizens on an individual
contractual basis, or to citizens in an area without individual contracts,
whenever an agreement has first been entered into between the municipality
providing the fire service and the county or counties in which the fire
protection is to be provided. (Counties may compensate municipalities for the
extension of fire services.)
7-308. Chief to
be assistant to
state officer. Pursuant
to
requirements of Tennessee Code Annotated, § 68-17-108, the
chief of the fire bureau is designated as an assistant to the state
commissioner of insurance and banking and is subject to all the duties and
obligations imposed by Tennessee Code Annotated, title 68, chapter 17, and
shall be subject to the directions of the fire prevention commissioner in the
execution of the provisions thereof. (1989 Code, § 7-308)
7-7
CHAPTER 4 FIRE HYDRANTS AND FIRE ACCESS AREAS
SECTION
7-401. Tampering
with fire hydrants prohibited.
7-402. Obstructing
fire hydrants and fire access areas prohibited.
7-401.
Tampering with fire hydrants prohibited. It shall be unlawful for any
unauthorized person to open or close or in any other manner tamper with any
fire hydrant or any other of the valves or fixtures owned and controlled by the
City of Crossville and connected to and used in the operation of the municipal
water system. Permission to do any of the above acts may be obtained in writing
from the fire chief or the head of the water department. (1989 Code, § 7-401)
7-402.
Obstructing fire hydrants and fire access areas prohibited.1
(1) No
obstruction of any kind, including motor vehicles or trailers, whether attended
or unattended, shall be placed, stored, parked or permitted to remain for any
period of time in any area required for the access of fire equipment to any
public or private residential or business building or complex of such
buildings, which may, in the discretion of the Crossville Fire Chief, and with
the consent of the owner when such areas are not public property, be designated
as "fire access areas."
(2) Such fire
access areas may include both public and private streets and alleys designated
by the Crossville Fire Chief, and off-street driveways or alleyways owned by
such hospitals, buildings or complexes of such buildings designated by the
Crossville Fire Chief with the consent of the owner thereof, and shall be
marked by official signs designed and approved by the Crossville Fire Chief
indicating that approval is pursuant to this section, which design shall be
used exclusively by the City and Crossville Fire Department. A record of all
approved fire access areas shall be kept on file at the Crossville Fire
Department.
(3) Any and all
signs erected, or areas marked or posted as a fire access area, by any owner of
private property must bear different identification and color scheme, and such
signs must indicate that such designation is not an official fire access area
enforceable by the Crossville Fire Department and the Crossville Police
Department. For the purposes of this section the terms "fire access
areas" and "fire lanes" are synonymous.
1Municipal code reference
General parking regulations: title 15, chapter 6.
7-8
(4) No such
obstruction of any kind, including motor vehicles or trailers, whether attended
or unattended, shall be placed, stored or parked or permitted to remain for any
period of time within ten (10) feet of a fire hydrant, whether such fire
hydrant is located on public streets, alleys, off-street driveways or alleyways
or on public or private property, including, but not limited to hospitals,
residential or business buildings or complexes.
(5) When used
herein "owner" means individuals, partnerships or corporations
actually legal owners or otherwise entitled to occupancy, use or possession
thereof.
(6) Any person
violating this section shall be guilty of a parking violation and such motor
vehicles or trailers found in violation hereof may be impounded and towed-in
and storage charges assessed.
(7) The amount
of forfeiture which may be paid at the Crossville Police Department for
violation of this section is hereby designated as three dollars ($3.00).1 (1989 Code, § 7-402)
1Municipal code reference
General parking regulation: title 15, chapter 6.
7-9
CHAPTER 5 FIREWORKS
SECTION
7-501. Permits.
7-502. City
fireworks permit.
7-503. Standards for year-round sales of fireworks.
7-504. Standards
for seasonal sales of fireworks.
7-505.
Fireworks and/or explosives manufacture, storage
or distribution
standards. 7-506. Use of
fireworks.
7-507. Public
displays of fireworks. 7-508.
Enforcement of regulations. 7-509.
Violations. 7-510.
Severability.
7-501. Permits.
It shall be unlawful for any person to manufacture, sell, offer for sale, ship,
or cause to be shipped into the City of Crossville any item of fireworks
without first having secured applicable permits from the state fire marshal, as
required by Tennessee Code Annotated, § 68-104-102 and from the city clerk.
Each separate permit issued by the state fire marshal shall require a separate
and compatible permit from the city, i.e. seasonal, year-round, distribution,
manufacture, storage, etc. (1989 Code,
§ 7-501)
7-502. City
fireworks permit. The fee for the city fireworks permit required by § 7-501
shall be one thousand dollars ($1,000.00) and shall be for a calendar year or
any fraction thereof; all permits shall expire on January 3rd. Permit
applications must be submitted a minimum of two (2) weeks prior to opening of
business. The permit shall not be issued by the city clerk without proof that
the state fire marshal has issued a current and valid permit to the applicant.
The city fireworks permit may be revoked for violations of Tennessee Code
Annotated, § 68-104-101 et seq. The issuance of the city fireworks permit shall
not replace or relieve the applicant's obligation to obtain a business tax
license. All permits must be
displayed. (1989 Code, § 7-502,
modified)
7-503.
Standards for year-round sales of fireworks. (1) Fireworks retailers must comply
with standard building code and standard fire prevention code as adopted by the
city.
(2) Fireworks
retailers must comply with all state laws regarding the sale of fireworks
including Tennessee Code Annotated, § 68-104-101 et seq.
(3) Any
fireworks stored on the site of a year-round fireworks retailer must be located
a minimum of 50 feet from any fuel source and no further than 500 feet from an
operable fire hydrant.
7-10
(4) Fireworks
retailers must provide a current certificate of insurance with a minimum of two
thousand dollars ($2,000,000) in product liability and one thousand dollars
($1,000,000) in general liability insurance with the City of Crossville being
named as an additional insured on the general liability insurance policy.
(5) Fireworks
retailers must post "No Smoking" signs as follows: two (2) at each
entrance to the area where fireworks are sold and two (2) inside the fireworks
area.
(6) Fireworks
retailers must have a minimum of two (2) 10 lb. ABC fire extinguishers. (1989 Code, § 7-503)
7-504.
Standards for seasonal sales of fireworks. (1) Items of fireworks may only be
sold, offered for sale or shipped in the City of Crossville by persons
permitted by the state as fireworks seasonal retailers between June 20th and
July 5th and between December 10th and January 2nd of the following year.
(2) No
fireworks seasonal retailer shall be approved for any site within 100 feet of
an establishment which is licensed for on-site consumption of alcoholic
beverages, or beer, as defined by state law. This measure shall be from main
entrance to main entrance.
(3) The site
for a fireworks seasonal retailer shall be improved to provide adequate parking
and shall provide for an on-site turn around area so that backing onto the
street will not be necessary.
(4) Traffic
control measures may be required by the chief of police including a requirement
that the applicant make provisions for directing traffic during expected peak
hours of operation.
(5) Tents will
be permitted provided they are erected in conformance with all applicable city
codes. All such tents must be composed to constructed entirely with fire
retardant materials. Any such tent must provide an emergency exit remote from
the point of entrance into the tent. Tents must be located on a paved, concrete
or graveled surface and in no event may be erected on a grass area.
(6) Any site
for a fireworks seasonal retailer must be located so that all parts of all
structures and fireworks inventory on the site are no more than 500 feet from
an operable fire hydrant and no closer than two hundred fifty (250) feet to any
fuel source.
(7) A fireworks
seasonal retailer shall not be approved for a period of more than one (1) calendar
year.
(8) Fireworks
seasonal retailers must comply with all state and city laws regarding the sale
of fireworks including Tennessee Code Annotated, § 68-104-101, et seq.
(9) Fireworks
seasonal retailers must provide a current certificate of insurance with a
minimum of two million dollars ($2,000,000) in product liability and one
million dollars ($1,000,000) in general liability insurance with
7-11
the City of
Crossville being named
as an additional
insured on the
general liability insurance policy.
(10) Fireworks
seasonal retailers must post two (2) "No Smoking" signs at each
entrance. In addition, buildings or tents larger than 30' x 50', but no larger
than 40' x 60', must have a minimum of two (2) "No Smoking" signs
located inside. Building or tents larger than 40' x 60' must have a minimum of
four (4) "No Smoking" signs located inside.
(11) In
facilities 30' x 50' or smaller, fireworks seasonal retailers must have a
minimum of two (2) 10# ABC fire extinguishers. Facilities larger than 30' x
50', but no larger than 40' x 60', must have a minimum of three (3) 10# ABC
fire extinguishers. Facilities larger than 40' x 60' must have a minimum of
four (4) 10# ABC fire extinguishers.
(1989 Code, § 7-504)
7-505.
Fireworks and/or explosives manufacture, storage or distribution standards. The
following provisions apply to any facility or structure where fireworks and/or
explosives are manufactured, stored, or distributed to retailers, but where no
retail sales occur.
(1) A facility
used for manufacture, storage or distribution of fireworks must be located a
minimum of two hundred and fifty (250) feet from any adjoining property line.
(2) Any site
for fireworks manufacture, storage or distribution must be located so that all
parts of all structures on the site are no more than five hundred (500) feet
from an operable fire hydrant and no closer than two hundred and fifty (250)
feet to any fuel source.
(3) All
facilities must provide a current certificate of insurance with a minimum of
two million dollars ($2,000,000) in product liability and one million dollars
($1,000,000) in general liability insurance with the City of Crossville being
named as an additional insured on the general liability insurance policy.
(4) All
facilities must post two (2) "No Smoking" signs at each entrance. In
addition, buildings or tents larger than 30' x 50', but no larger than 40' x
60', must have a minimum of two (2) "No Smoking" signs located
inside. Buildings or tents larger than 40' x 60' must have a minimum of four
(4) "No Smoking" signs located inside.
(5) In
facilities 30' x 50' or smaller, a minimum of two (2) 10# ABC fire extinguishers
is required. Facilities larger than 30' x 50', but no larger than 40' x 60',
must have a minimum of three (3) 10# ABC fire extinguishers. Facilities larger
than 40' x 60' must have a minimum of four (4) 10# ABC fire extinguishers. (1989 Code § 7-505)
7-506. Use of
fireworks. Fireworks may only be used within the City of Crossville between
June 20th and July 5th and between December 10th and January 2nd of the
following year, except when used in a public display which has received a permit
from the state fire marshal. It shall
be unlawful to use,
7-12
sell or explode "bottle" rockets except in a
public display according to § 7-507. (1989 Code, § 7-506, modified)
7-507. Public
displays of fireworks. A public display of fireworks may be conducted only by
the holder of a permit issued in accordance with the rules and regulations
promulgated by the state fire marshal. A condition for state issuance of a
permit for a public fireworks display is the approval of the chief official of the
fire and of the police departments of the city. Requests for local approvals
must be received a minimum of forty eight (48) hours prior to event in order to
approve site. A copy of certificate of insurance must be provided. Such
approval shall be granted if, in the opinion of those officials, the proposed
display will be located and supervised in conformity with state law and will
not be hazardous to life or property.
(1989 Code, § 7-507, modified)
7-508.
Enforcement of regulations. The fire chief, police chief, and city clerk are
designated to enforce regulations in this chapter. Whenever there is a
discrepancy between minimum standards or dimensions noted herein and those
contained in other official regulations, the highest standard shall apply.
(1989 Code, § 7-508)
7-509.
Violations. The violation of any part of this chapter is hereby declared to be
a misdemeanor and upon conviction of any person for such violation, he, she, or
they are to be fined according to the general penalty provision of this code of
ordinances. Each subsequent day that any violation continues unabated shall
constitute a separate offense. If violations are found and not corrected within
forty-eight (48) hours, the permit shall be revoked, and the permittee disqualified
from a city fireworks permit for a period of twelve (12) months. (1989 Code, § 7-509)
7-510.
Severability. If any portion of these regulations is held to be invalid by a
court of law, all other regulations are still applicable. (1989 Code, § 7-510)
7-13
CHAPTER 6 OPEN BURNING
SECTION
7-601. Purpose.
7-602. Definition
of terms.
7-603. Standards
for open burning.
7-604. Permits.
7-605. Penalties.
7-601. Purpose.
The purpose of this chapter is to regulate certain open burning in order to
protect the public from the hazards of uncontrolled fires and pollution. This
chapter will not relieve the person who will be burning from complying with
Tennessee Code Annotated, §§ 39-14-305; 39-14-401; 68-102-146 and 68-211-101 et
seq.
7-602. Definition of terms. As used in this
chapter, the following terms shall have the meaning ascribed to them herein,
unless clearly indicated otherwise:
(1)
"Authority having jurisdiction." The organization, agency, office,
department or individual responsible for approval or enforcement.
(2) "Open
burning." Any person burning or causing to be burned any flammable
material in a method other than within an enclosure from which burning material
cannot escape.
(3)
"Permit" means the written authority of the City of Crossville issued
under the authority of this chapter.
(4)
"Person" means any individual, firm, partnership, corporation,
association, public or private institution, political subdivision, or
government agency.
7-603. Standards for open burning. It shall
be unlawful for any person, as defined herein, to conduct an open burn within
the corporate limits of the City of Crossville without a permit.
(1) No person
shall willfully start or cause to be started any open fire within the corporate
limits of Crossville without first obtaining a burn permit from the city.
(2) Prevailing
winds at the time of ignition must be away from any dwelling, structure,
highway or other populated area, the ambient air of which may be significantly
affected by smoke, fly ash, or other contaminates from burning.
(3) Burning
shall not be initiated when it is determined by the fire chief or his designee,
based on information suppled by the National Weather
7-14
Service or other competent authority, that stagnant air
conditions or inversions exist, or that such conditions may occur during the
duration of the burn.
(4) Burning
shall not be initiated when it is determined and or announced by the state fire
marshal that dry, drought, high wind or other hazardous conditions exist to
prohibit burning either statewide or in regions affecting the geographical or
corporate limits of Crossville.
(5) Burning
shall not be initiated when it is determined and or announced by the fire chief
or his designee that dry, drought, high wind or other hazardous conditions
exist to prohibit burning within the corporate limits of Crossville.
(6) Asphaltic
material, PVC, treated lumber, or items containing natural or synthetic rubber,
or materials made with hydrocarbons shall not be burned or used to ignite the
material to be burned or to promote the burning of such material.
(7) No burning
shall be permitted within thirty (30) feet of any structure or dwelling.
(8) All fires
must be attended to and under the direct supervision at all times of a person
or persons that have sufficient capability and equipment to provide for
complete extinguishment of the fire as needed.
(9) With the
exception of permitted bonfires and campfires, all fires shall be completely
extinguished by 5:00 P.M. local time.
7-604. Permits.
Burn permits will obtained from the fire chief or his designee.
(1) Permits issued under this chapter shall be
under either one of two
classes; standard class and large class.
(a) Standard
class permits are for leaves and materials under three (3) cubic yards and may
be issued by the fire chief or his designee by telephone. Standard class
permits shall be good for one day between the hours of 11:00 A.M. and 4:00 P.M.
local time.
(b) Large class
permits are for material in an amount of three (3) or more cubic yards and
require the person requesting the permit to complete the form in person at
least one (1) working day prior to the planned burn.
(2) All permits
issued under this chapter shall be in writing, on forms provided by the fire
department, in the name of the person undertaking the burning and with
emergency contact information, and shall specify the specific address and area
in which the burning is to occur, the type and amount of material to be burned,
the duration of the permit, and such other factors as are necessary to identify
the burning which is allowed under the permit.
(3) Burn sites
containing three (3) cubic yards or more of material shall be inspected by the
fire chief or his designee prior to the issuance of the permit.
7-15
(4) Permits
shall not be issued when it is determined by the fire chief or his designee,
based on information supplied by a competent authority, that stagnant air
conditions or inversions exist, or that such conditions may occur during the
duration of the burn.
(5) Permits
shall not be issued when it is determined or announced by the state fire
marshal that dry, drought, or other conditions exist to prohibit burning either
statewide or in regions affecting the geographical or corporate limits of
Crossville.
(6) Permits
shall not be issued when it is determined or announced by the fire chief or his
designee that dry, drought, or other hazardous conditions exist to prohibit
burning within the corporate limits of Crossville.
(7) Permits
shall not be issued without the approval of the authority having jurisdiction
when it has cited the person or designated the burn site as being in violation
of federal, state or municipal laws.
(8) The city
through the fire chief has the authority to revoke a permit and to extinguish a
fire for any reason affecting the health, safety or welfare of the City of
Crossville.
(9) The fire
chief has the authority to provide additional supplemental conditions, written
on the permit, when in the best interest of the health, safety, and welfare of
the City of Crossville it is required.
7-605.
Penalties. Any person violating the provisions of this chapter, or of any
permit issued under the authority of this chapter, or any provisions herein,
shall be subject to the general penalty provision of this code of ordinances.
Each day of violations shall constitute a separate offense. The penalties
provided in said section shall be separate and apart and not in lieu of all other
civil or criminal penalties which may be imposed under the laws of the State of
Tennessee, or the City of Crossville, Tennessee.
8-1
TITLE 8
ALCOHOLIC BEVERAGES1
CHAPTER
1. ALCOHOLIC BEVERAGES.
2. BEER.
CHAPTER 1 ALCOHOLIC BEVERAGES
SECTION
8-101. Definition
of "alcoholic beverages."
8-102. Consumption
of alcoholic beverages on premises.
8-103. Privilege
tax on retail sale of alcoholic beverages for consumption on
the
premises. 8-104. Annual privilege tax
to be paid to the city clerk. 8-105.
Advertisements.
8-101.
Definition of "alcoholic beverages." As used in this chapter, unless
the context and states otherwise: "Alcoholic beverages" 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 or beer, where the latter contains an alcoholic content of
five per cent (5%) by weight, or less.
(1989 Code, § 8-101)
8-102.
Consumption of alcoholic beverages on premises. Tennessee Code Annotated, title
57, chapter 4, is hereby adopted so as to be applicable to all sales of
alcoholic beverages for on-premises consumption which are regulated by the said
code when such sales are conducted within the corporate limits of Crossville,
Tennessee. It is the intent of the city council that said Tennessee Code
Annotated, title 57, chapter 4, shall be effective in Crossville, Tennessee,
the same as if said code sections were copied herein verbatim. (1989 Code, § 8-102)
8-103.
Privilege tax on retail sale of alcoholic beverages for consumption on the
premises. Pursuant to the authority contained in Tennessee Code Annotated, §
57-4-301 there is hereby levied a privilege tax (in
1Municipal code references
Minors in beer places etc.: title 11, ch. 2. On streets: title 11, chapter 2.
8-2
the same amounts levied by Tennessee Code Annotated ,§
57-4-301, for the City of Crossville General Fund to be paid annually as
provided herein this chapter) upon any person, firm, corporation, joint stock
company, syndicate, or association engaging in the business of selling at
retail in the City of Crossville alcoholic beverages for consumption on the
premises where sold. (1989 Code, § 8-103)
8-104. Annual
privilege tax to be paid to the city clerk. Any person, firm, corporation,
joint stock company, syndicate, or association exercising the privilege of
selling alcoholic beverages for consumption on the premises in the City of
Crossville shall remit annually to the city clerk the appropriate tax described
in § 8-103. Such payment shall be remitted not less than thirty (30) days
following the end of each twelve (12) month period from the original date of
the license. Upon the transfer of ownership of such business or the
discontinuance of such business, said tax shall be filed within thirty (30)
days following such event. Any person, firm, corporation, joint stock company,
syndicate, or association failing to make payment of the appropriate tax when
due shall be subject to the penalty provided by law. (1989 Code, § 8-104)
8-105.
Advertisements. Any person, firm, corporation, joint stock company, syndicate,
or association holding a lawful and valid permit as authorized in this chapter,
or who holds a valid beer permit from the City of Crossville, Tennessee, and a
valid liquor license from the State of Tennessee for retail sale of beer or
alcoholic beverages for consumption on the premises shall only have one (1)
sign on the premises advertising the place of business and/or advertising beer
or other alcoholic beverages as being sold on the premises, and the size of the
sign at the place of business so advertising shall not exceed twenty-four (24)
square feet in size. No other signs of any type or kind shall be erected on the
premises advertising beer or other alcoholic beverages or various brands of
beer or other alcoholic beverages for sale in said premises. The holder of any
other permit for the retail sale of beer or other alcoholic beverages provided
herein shall have no outside advertising of any type or kind whatsoever
advertising that beer or other alcoholic beverages is sold on the premises or
advertising the various brands of beer or other alcoholic beverages which are
sold on the premises. Any other advertising shall be confined to the interior
of the premises for which the permit applies and permittees shall not place
signs in the window which are visible to any persons outside of the premises.
(1989 Code, § 8-105)
Change 1, February 12, 2008 8-3
CHAPTER 2
BEER1
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. Responsibilities
of permittee.
8-209. Beer permits
shall be restrictive.
8-210. Interference
with public health, safety, and morals prohibited.
8-211. Issuance of
permits to persons convicted of certain crimes prohibited.
8-212. Prohibited
conduct or activities by beer permit holders.
8-213. Employees
required to have identification and proof of employment.
8-214. Revocation and
suspension of beer permits.
8-215. Separability.
8-216. Repealer.
8-217. Privilege tax.
8-218. Civil penalty
in lieu of revocation or suspension.
8-219. Advertisements.
8-220. Loss of clerk's
certification for sale to minor.
8-201. Beer
board established. There has been heretofore created and is hereby continued in
full force and effect a beer board to be composed of all the members of the
city council. The mayor, or in his absence the mayor pro-tem, shall serve as
chairman of the beer board. (1989 Code,
§ 8-201)
8-202. Meetings
of the beer board. All meetings of the beer board shall be open to the public.
The board shall hold regular meetings in the city hall at such times as it
shall prescribe. When there is business
to come before
1Municipal code references
General business regulations: title 9.
Offenses: title 11,
chapter 2.
Tax
provisions: title 5. State law
reference
For a leading
case in Tennessee
on a municipality's authority
to
regulate beer, see the Tennessee Supreme Court decision in
Watkins
v. Naifeh, 635 S.W.2d 104 (1982).
8-4
the beer board, a special meeting may be called by the
chairman provided he gives a reasonable notice thereof to each member. The
board may adjourn a meeting at any time to another time and place. (1989 Code, § 8-202)
8-203. Record
of beer board proceedings to be kept. The city clerk shall make a record of the
proceedings of all meetings of the beer board. 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 motion or resolution presented; the vote of each member thereon; and the
provisions of each beer permit issued by the board. (1989 Code, § 8-203)
8-204.
Requirements for beer board quorum and action. The attendance of at least a
majority of the members of the beer board shall be required to constitute a
quorum for the purpose of transacting business. Matters before the board shall
be decided by a majority of the members present if a quorum is
constituted. (1989 Code, § 8-204)
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 this city in accordance with the
provisions of this chapter. (1989 Code,
§ 8-205)
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. (1989 Code, § 8-206)
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, § 57-5-103, and shall be
accompanied by a nonrefundable application fee of two hundred fifty dollars
($250.00). Said fee shall be in the form of a cashier's check payable to the
City of Crossville or cash. Each applicant must be a person of good moral
character and certify that he has read and is familiar with the provisions of
this chapter. (1989 Code, § 8-207)
8-208.
Responsibilities of permittee. Each permittee must furnish the chief of police
with a list of the names, date of birth, and social security number of all
persons to be employed in the place where beer is to be sold and must inform
the chief of police within seventy-two (72) hours of employment as to the
names, date of birth, and social security number of any persons employed
8-5
after such list has been originally submitted, and a current
list shall be maintained by the police department as part of the public records
at city hall. Employee shall be defined in this chapter as any person engaged
in the operations of the business on a regular basis or who receives
compensation from the business. Permittee shall be deemed responsible for the
actions of all employees in regard to state and local legislation on the sale
of beer. Prior to January 1 of each year, it is the responsibility of permittee
to pick up copies of any new legislation regulating the sale of beer. It is
also the responsibility of the permittee to immediately notify the city clerk
of any convictions or pleas for unlawful activity as defined in § 8-212 of the
Crossville Municipal Code. (1989 Code, § 8-208)
8-209. 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 this 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. (1989 Code, § 8-209)
8-210. 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 schools or churches or would otherwise interfere with the public health,
safety and morals. In no event will a permit be issued authorizing the storage,
sale or manufacture of beer at places within five hundred (500) feet of any
public elementary, junior high, or high school, or church, as measured in a straight
line from the main entrance of the public elementary, junior high, or high
school or church and the main entrance of the structure where the beer is
stored, sold or manufactured. The straight-line method of measurement from main
entrance to main entrance shall apply only to future permit applicants and
shall not revoke or eliminate by attrition or other means current permits which
do not meet the main entrance to main entrance straight-line distance
requirement.1 (1989 Code, § 8-210)
1State law reference
The straight line method of measurement is required by the
Tennessee Supreme Court decision in Watkins v. Naifeh, 635 S.W.2d 104 (1982).
8-6
8-211. Issuance
of permits to persons convicted of certain crimes prohibited. No beer permit
shall be issued to any person who has been convicted for the possession, sale,
manufacture, or transportation of intoxicating liquor, or any crime involving
moral turpitude defined as premeditated murder, all sex related crimes, selling
of Class 1 and 2 controlled substances illegally, and theft (embezzlement,
false pretense, fraudulent conversion, larceny, receiving/concealing stolen
property, and other similar offenses) within the past ten (10) years. (1989 Code, § 8-211)
8-212.
Prohibited conduct or activities by beer permit holders. It shall be unlawful
for any beer permit holder to:
(1) Employ any
person convicted for the possession, sale, manufacture, or transportation of
intoxicating liquor, or any crime involving moral turpitude within the past ten
(10) years.
(2) Employ any
person under eighteen (18) years of age in the sale, storage, distribution, or
manufacture of beer.
(3) It shall be
unlawful for any person or persons, firm, corporation, joint stock company,
syndicate, or association to offer for sale or sell beer or other alcoholic
beverage with an alcoholic content not exceeding five percent (5%) by weight
within the corporate limits of Crossville, Tennessee, between the hours of
three o'clock (3:00) A.M. and eight o'clock (8:00) A.M. on weekdays, and
between the hours of three o'clock (3:00) A.M. and ten o'clock (10:00) A.M. on
Sunday. No such beverages shall be consumed or opened for consumption on or
about any premises where beer or other beverage with an alcoholic content not
exceeding five percent (5%) of weight is sold within the corporate limits of
Crossville, Tennessee, in either bottle, glass, or other container after three
fifteen o'clock (3:15) A.M. In addition, where the establishment licensed
hereunder is exclusively or primarily engaged in the sale of beer as defined in
this section, the following additional conditions shall apply between the hours
of 3:15 A.M. and 8:00 A.M. on weekdays, and between the hours of 3:00 A.M. and
10:00 A.M. on Sunday:
(a) No customers,
patrons, or friends either of the operator or of any employee of the
establishment shall be allowed to remain or be found on or about the premises;
(b) No open or
closed containers of beer shall be permitted or found to remain on any tables,
bars, or in any other place where such persons customarily drink, and all such
containers, empty or otherwise, shall be required and found to be disposed of
or placed in storage behind the bar or other proper storage place, where such
persons do not ordinarily have access;
(c) The only
persons who shall be permitted to remain and be found on or about the premises
shall be bona fide employees of the establishment or other personnel directly
engaged in the operation, upkeep and maintenance of the business and/or the
premises.
8-7
(4) Deliver
beer to any purchaser or purchasers except during those hours set out in §
8-212(3) of this code.
(5) Sell
intoxicating liquor except in establishments that have a state-issued
"liquor by the drink" license. Patrons shall be permitted to enter
beer establishments with bagged intoxicating liquors only under these
conditions:
(a) patron
retains bottle under his control and does all pouring and mixing of drinks,
except however, in the case of cork-finished wine as defined by Tennessee Code
Annotated § 57-3-101(20), it is permissible for permit holder to both open and
pour said wine while the bottle remains at patrons table;
(b) permittee may sell "set-ups" to patron;
(6) Allow the
possession of beer by any person, including permittee, within the permittee's
place of business at a time when beer may not be legally sold; such possession
shall constitute evidence of an illegal sale.
(7) Make or
allow any sale of beer to a person under twenty-one (21) years of age.
(8) Allow any
person under twenty-one (21) years of age to loiter in or about his or her place
of business. The term "loitering" within the meaning of this section
shall mean "To be dilatory, to be slow in movement, to stand around, to
spend time idly, to saunter, to delay, to idle, to linger, to lag behind."
However, nothing in this section shall prohibit persons under the age of
twenty-one from dining in establishments which have a beer permit but whose
exclusive or primary business is the sale of food. But such establishments
shall insure that all containers of alcoholic beverages, both open and closed,
are not provided by customers, patrons, or any other persons, to persons under
the age of twenty-one; shall immediately remove empty and partially empty
containers of alcoholic beverages from the tables where persons under the age
of twenty-one (21) are seated unless accompanied by a parent or guardian; and
shall store all alcoholic beverages behind the bar or other proper storage
place not ordinarily accessible to
customers or patrons.1
(9) Make or
allow any sale of beer to any intoxicated person or to any feeble-minded,
insane, or otherwise mentally incapacitated person.
(10) Allow drunk or disreputable persons to loiter about his
premises.
(11) Allow
patrons to remain in the permittee's place of business longer than thirty (30) minutes
past the time the permittee closes the place of business to the public.
(12) Allow pool
or billiard playing in the same room where beer is sold and/or consumed.
1See Hopper
v. State, 253
S.W.2d 765 (1965) and
McCoy v. State,
466 S.W.2d 540 (1971).
Change 1, February 12, 2008 8-8
(13) Fail to
provide and maintain separate sanitary toilet facilities for men and
women. (1989 Code, § 8-212, modified)
8-213.
Employees required to have identification and proof of employment. Every
employee employed by an establishment licensed under this chapter shall be
required to have on his or her person at all times while upon the premises bona
fide identification with his or her name, birthdate, age, and description, and
written proof of present employment furnished by the employer. Upon demand by
any law enforcement officer, any and every employee shall be required to
immediately produce such identification and proof of employment at any time the
employee in question is on or about the premises. (1989 Code, § 8-213)
8-214.
Revocation and suspension of beer permits. (1) The beer board shall have the
power to revoke any beer permit issued under the provisions of this chapter, or
to suspend same for a period not exceeding six months, 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 or suspended until a public hearing is held by the board after
a minimum ten (10) days notice to permittee through service of process or by
certified mail. Revocation or suspension proceedings may be initiated by the
police chief or by any member of the beer board.
Pursuant to
Tennessee Code Annotated, § 57-5-608, the beer board shall not revoke or
suspend the permit of a "responsible vendor" qualified under the
requirements of Tennessee Code Annotated, § 57-5-606 for a clerk's illegal sale
of beer to a minor if the clerk is properly certified and has attended annual
meetings since the clerk's original certification, unless the vendor's status
as a certified responsible vendor has been revoked by the alcoholic beverage
commission. If the responsible vendor's certification has been revoked, the
vendor shall be punished by the beer board as if the vendor were not certified
as a responsible vendor. "Clerk" means any person working in a
capacity to sell beer directly to consumers for off-premises consumption. Under
Tennessee Code Annotated, § 57-5-608, the alcoholic beverage commission shall
revoke a vendor's status as a responsible vendor upon notification by the beer
board that the board has made a final determination that the vendor has sold
beer to a minor for the second time in a consecutive twelve (12) month period.
The revocation shall be for three (3) years.
(2) Where a
permit or license is revoked, no new license or permit 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 the revocation becomes final and
effective pursuant to Tennessee Code Annotated, § 57-5-109(k).
(3) No new
permit shall be granted at any location where a case is pending in court for an
infraction of the beer laws of the State of Tennessee or
Change 1, February 12, 2008 8-9
the City of
Crossville. (1989 Code, §8-214, as
amended by Ord. #1136, Aug. 2007)
8-215.
Separability. If any provision of this law or if any policy, or order
thereunder of the application of such provision to any person or circumstances
shall be held invalid, the remainder of this law, and the application of such
provision of this law or of such policy, or order to persons or circumstances
other than those to which it is held invalid, shall not be affected
thereby. (1989 Code, § 8-215)
8-216.
Repealer. All ordinances or rules and regulations previously adopted by the
City of Crossville which may be in conflict with this chapter are hereby
repealed. (1989 Code, § 8-216)
8-217. Privilege
tax. There is hereby imposed on the business of selling, distributing, storing
or manufacturing beer for resale an annual privilege tax of one hundred ($100).
Any person, firm, corporation, joint stock company, syndicate or association
engaged in the sale, distribution, storage or manufacture of beer for resale
shall remit the tax on January 1, 1994, and each successive January 1, to the
City of Crossville, 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 there remaining
until the next tax payment date. (1989
Code, § 8-217)
8-218. Civil
penalty in lieu of revocation or suspension.
(1) Definition.
"Responsible vendor" means a person, corporation or other entity that
has been issued a permit to sell beer for off-premises consumption and has
received certification by the Tennessee Alcoholic Beverage Commission under the
Tennessee Responsible Vendor Act of 2006, Tennessee Code Annotated, § 57-5-601,
et seq.
(2) Penalty,
revocation or suspension. The beer board may, at the time it imposes a
revocation or suspension, offer a permit holder that is not a responsible
vendor the alternative of paying a civil penalty not to exceed two thousand
five hundred dollars ($2,500.00) for each offense of making or permitting to be
made any sales to minors, or a civil penalty not to exceed one thousand dollars
($1,000.00) for any other offense.
The beer board
may impose on a responsible vendor a civil penalty not to exceed one thousand
dollars ($1,000.00) for each offense of making or permitting to be made any
sales to minors or 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 nor suspension shall be imposed. If the civil penalty is paid within
that time, the revocation or suspension shall be deemed withdrawn.
Change 1, February 12, 2008 8-10
Payment of the
civil penalty in lieu of revocation or suspension by a permit holder shall be
an admission by the holder of the violation so charged and shall be paid to the
exclusion of any other penalty that the city may impose. (1989 Code, § 8-218,
as replaced by Ord. #1136, Aug. 2007)
8-219.
Advertisements. Any person, firm, corporation, joint stock company, syndicate,
or association holding a lawful and valid permit as authorized in this chapter,
or who holds a valid beer permit from the City of Crossville, Tennessee for
retail sale of beer or any beverage with an alcoholic content not exceeding
five percent (5%) of weight for consumption on the premises shall only have one
(1) sign on the premises advertising the place of business and/or advertising
beer as being sold on the premises, and the size of the sign at the place of
business so advertising shall not exceed 24 sq. ft. in size. No other signs of
any type or kind shall be erected on the premises advertising beer or various
brands of beer for sale in said premises. The holder of any other permit for
the retail sale of beer or other alcoholic beverages provided herein shall have
no outside advertising of any type or kind whatsoever advertising that beer or
other alcoholic beverages is sold on the premises or advertising the various
brands of beer or other alcoholic beverages which are sold on the premises. Any
other advertising shall be confined to the interior of the premises for which
the permit applies and permittees shall not place signs in the window which are
visible to any persons outside of the premises. (1989 Code, § 8-219)
8-220. Loss of
clerk's certification for sale to minor. If the beer board determines that clerk
of an off-premises beer permit holder certified under Tennessee Code Annotated,
§ 57-5-606, sold beer to a minor, the beer board shall report the name of the
clerk to the alcoholic beverage commission within fifteen (15) days of
determination of the sale. The certification of the clerk shall be invalid and
the clerk may not reapply for a new certificate for a period of one (1) year
from the date of the beer board's determination. (as added by Ord. #1136, Aug.
2007)
Change 1, February 12, 2008 9-1
TITLE 9 BUSINESS, PEDDLERS, SOLICITORS, ETC.1
CHAPTER
1. MISCELLANEOUS.
2. PEDDLERS, ETC.
3. CHARITABLE AND RELIGIOUS SOLICITATIONS.
4. TAXICABS.
5. POOL ROOMS.
6. FAIR HOUSING.
7. SAW MILLS.
8. PRIVATE LANDFILLS OR WASTE INCINERATORS.
9. ADULT-ORIENTED ESTABLISHMENTS.
10. EPHEDRINE AND EPHEDRINE RELATED PRODUCTS.
11. CABLE TELEVISION.
CHAPTER 1 MISCELLANEOUS
SECTION
9-101. "Going
out of business" sales.
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. (1989 Code, §
9-101)
1Municipal code references
Advertisements:
title 11, chapter 8.
Advertising sign regulation: title 14, chapter 5.
Beer regulations:
title 8, chapter 2.
Building and housing etc.:
title 12.
Civil Rights Policy Statement: title 20, chapter 5.
Junkyards: title 13,
chapter 3.
Mobile homes and mobile home parks: title 14, chapter 4.
Trespass by peddlers, etc.: § 11-401.
9-2
CHAPTER 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.
9-201. 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. (1989 Code, §
9-201)
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, non-profit, or philanthropic
organizations. (1989 Code, § 9-202)
9-203.
Application for permit. Applicants for a permit under this chapter must file
with the city manager 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.
1Municipal code references
Privilege tax provisions: title 5, chapter 5. Trespass by
peddlers, etc.: title 11, chapter 4.
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 city 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. (1989
Code, § 9-203)
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
manager 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 manager 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 manager shall direct
that a permit be issued upon the payment of all applicable privilege taxes and
the filing of the bond required by § 9-206. The city clerk shall keep a
permanent record of all permits issued.
(1989 Code, § 9-204)
9-205. Appeal.
Any person aggrieved by the action of the chief of police and/or the city
manager 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 city manager within
fourteen (14) days after notice of the action complained of, a written
statement setting forth fully the grounds for the appeal. The city manager
shall set a time and place for a hearing on such appeal and notice of the time
and place of such hearing 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
9-4
address at least five (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. (1989 Code, § 9-205)
9-206. Bond.
Every permittee shall file with the city manager 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 code and ordinances of this 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. (1989 Code, §
9-206)
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. (1989 Code, § 9-207)
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 such operation
might impede or inconvenience the public use of such streets. (1989 Code, § 9-208)
9-209.
Exhibition of permit. Permittees are required to exhibit their permits at the
request of any policeman or citizen.
(1989 Code, § 9-209)
9-210.
Policemen to enforce. It shall be the duty of all policemen to see that the
provisions of this chapter are enforced.
(1989 Code, § 9-210)
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:
9-5
(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
merchant, or 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 manager 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 city manager may suspend a
permit pending the revocation hearing.
(1989 Code, § 9-211)
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. (1989 Code, § 9-212)
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.
(1989 Code, § 9-213)
9-6
CHAPTER 3 CHARITABLE AND RELIGIOUS SOLICITATIONS1
SECTION
9-301. Definitions.
9-302. Solicitation
board.
9-303. Director.
9-304. Permit
required; exemptions.
9-305. Application for
permit.
9-306. Form of
application.
9-307. Investigation
of applicants for permit.
9-308. Standards for
granting or denying permits.
9-309. Forms of
permit; expiration.
9-310. Solicitation
without permit prohibited.
9-311. Hearing on
denial of permit.
9-312. Revocation and
suspension of permits--hearing; decision.
9-313. Financial
reports required.
9-314. Notice of
suspension or revocation of permit to chief of police.
9-315. Religious
solicitations--registration and certificate required.
9-316. Investigations
of persons soliciting for religious purposes; exemptions
from permit and certificate requirements.
9-317. Use of
fictitious name, fraudulent misrepresentation and misstatements
prohibited.
9-318. Judicial review
of board's actions.
9-319. Street
solicitation prohibited.
9-320. Solicitation by
means of coin or currency boxes or receptacle restricted.
9-321. Penalties.
9-301.
Definitions. Whenever used in this chapter unless a different meaning clearly
appears in the context:
1Municipal code reference
Trespass by peddler or solicitor: title 11, chapter 4.
(1) "Board" means the Solicitations Board.
(2)
"Charitable" means and includes the words patriotic, philanthropic,
social, service, welfare, benevolent, educational, civic, humane, eleemosynary,
or fraternal, either actual or proported.
(3)
"Charitable Organization" means a group which is or holds itself out
to be a benevolent, educational, philanthropic, humane, patriotic,
eleemosynary, or fraternal organization or any person who solicits or obtains
contributions solicited from the public for charitable purposes.
9-7
(4)
"Contribution" means and includes the words alms, food, clothing,
money, subscriptions, property, or donations under the guise of loaning money
or property or any promise or grant of any money or property of any kind or
value.
(5)
"Director" means the director of law or city attorney of the City of
Crossville.
(6)
"Person" means any individual, firm, partnership, corporation,
company, association, or joint stock association, church, religious sect,
religious denomination, society, organization or league, and includes any
trustee, receiver, assignee, agent, or other similar representative thereof.
(7)
"Professional Solicitor" means any person who, for financial or other
consideration, solicits contribution for, or on behalf of, a charitable
organization, whether such a solicitation is performed personally or through
his agents, servants, or employees or through such agents, servants or
employees specially employed by or for a charitable organization, who are
engaged in the solicitation of contributions under the direction of such a
person, or a person who plans, conducts, manages, carries on or advises a
charitable organization in connection with the solicitation of contributions. A
salaried officer or an employee of a charitable organization maintaining a
permanent establishment within the state shall not be deemed a professional
solicitor. However, any salaried officer or employee of a charitable
organization that engages in the solicitation of contributions for compensation
in any manner for more than one charitable organization shall be deemed a
professional solicitor. No attorney, investment counselor, or banker who advises
any person to make a contribution to a charitable organization shall be deemed,
as the result of such advice, to be a professional solicitor.
(8)
"Promoter" means any person who promotes, manages, supervises,
organizes, or attempts to promote, manage, supervise, or organize a campaign of
solicitation.
(9)
"Solicit" and "Solicitation" means the request directly or
indirectly for money, credit, profit, financial assistance, or other thing of
value upon the plea or representation that such money, credit, profit,
financial assistance, or other thing of value will be used for a charitable or
religious purpose as those purposes are defined in this chapter. These words
shall also mean and include the following methods of securing money, credit, profit,
financial assistance, or other thing of value on the plea or representation
that it will be used for a charitable or religious purpose as herein defined.
(a) Any oral or written request;
(b) The
distribution, circulation, mailing, posting, or publishing of any handbill,
written advertisement, or publication;
(c) Making of
any announcement to the press, or to the radio, by telephone or telegraph
concerning an appeal, assembly, athletic or sports event, bazaar, benefit,
campaign, contest, dance, drive, entertainment, exhibition, exposition, party,
performance, picnic, sale or
9-8
social gathering, which the public is requested to patronize
or to which the public is requested to make a contribution for any charitable
or religious purpose connected therewith;
(d) The sale
of, offer or
attempt to sell,
any advertisement,
advertising space, book, card, chance, coupon, device,
magazine, membership, merchandise, subscription, ticket or other thing in
connection with which any appeal is made for any charitable or religious
purpose, where the name of a charitable or religious person is used or referred
to in any such appeal as an enducement or reason for making any such sale, or
when or where in connection with any such sale, any statement is made that the
whole or any part of the proceeds from any such sale will go to or will be
donated to any charitable or religious purpose. A solicitation as defined
herein shall be deemed completed when made, whether or not the person making the
same receives any contribution or makes any sale referred to in this chapter.
(1989 Code, § 9-301)
9-302.
Solicitation board. There is hereby created a solicitation board which shall
consist of the mayor, city council members, and city manager of the City of
Crossville. The members of such board shall serve a term of two (2) years. The
board shall select one (1) member to serve as its chairman and one (1) member
to serve as its secretary. The board shall take action on all applications for
permits or certificates under this chapter within sixty (60) days of the filing
thereof. The board shall meet as often as is necessary to conduct business of
the board, but not less than at least quarterly. The chairman shall have the
responsibility to call meetings as are necessary. A majority shall constitute a
quorum. The director shall refer any and all applications for a permit or
certificate under this chapter to the chairman of the board for presentation to
the board for its action thereof. The board shall have the following powers:
(1) To issue or
refuse the permits or certificates and in the event of a refusal, to file a
written report explaining the reason for such refusal.
(2) To require applications be
filed in all
cases required herein.
(3) To compel
payment of fees prescribed for permits and to receive the same.
(4) Do all
things necessarily incidental to securing all permits, applications,
certificates, and other forms required herein.
(5) Hold hearings as required herein.
(6) To revoke permits or certificates as stated herein.
(7) To publish
reports and give any and all publicity to information received by it.
(8) To have
access to and inspect books, records and papers of the applicants or anyone
making solicitations in the area of the city.
(9) To investigate the methods of making any solicitation.
9-9
(10) To aid and
assist charitable organizations in scheduling their campaigns to the best
interest of the public, but not so as to place any undue hardship on such
organization thereby.
(11) To
determine in all cases where questions arise specific items in any applicant's
fund raising solicitation program which should properly be designated as
campaign cost and supplemental expenses, and the uniform accounting practices
in accordance with these standards. Accounting and financial reporting for
voluntary health and welfare organizations will be mandatory.
(12) To adopt
such rules and regulations as are necessary and are not contrary to this
chapter. (1989 Code, § 9-302)
9-303.
Director. The director or his designee shall meet with the board at all regular
and special meetings. It shall be duty of the director to assist the board in
the administrative details of the duties imposed upon the board. The director
shall secure and maintain all forms necessary for the execution of the
provisions of this chapter and the work of the board. The director shall keep
records pertaining to the work of the board. The director shall furnish the
board with whatever other administrative services the board requires. The
director shall advise the board of any legal matters coming before it. (1989
Code, § 9-303)
9-304. Permit required; exemptions. No person shall
solicit
contributions personally or by means of coin or currency
receptacles for any charitable purpose within the City of Crossville without a
permit from the board authorizing such solicitations. Provided, however, that
the provisions of this section shall not apply to any established person
organized and operating exclusively for religious or charitable purposes and
not operated for the pecuniary profit of any person if the solicitations by
such established person are conducted among the members thereof, by other
members or officers thereof, voluntarily without remuneration for making such
solicitations, or if the solicitations are in the form of collections or
contributions at the regular assemblies or services of any such established
person. (1989 Code, § 9-304)
9-305.
Application for permit. An application for a permit to solicit as provided in §
9-310 of this chapter shall be made to the board through a form provided by the
City of Crossville. Such application shall be sworn to and filed with the city
manager at least thirty (30) days prior to the time at which the permit applied
for shall become effective; provided, however, that the board may for good
cause shown allow the filing of an application less than thirty (30) days prior
to the effective date of the permit applied for. The application herein
required shall contain the following information, or in lieu thereof, a
detailed statement of the reason or reasons why such information cannot be
furnished:
9-10
(1) The name,
address or headquarters of the person applying for the permits;
(2) If the
applicant is not an individual, the names and addresses of the applicant's
principal officers and managers and a copy of the resolution, if any,
authorizing such solicitation, certified to be a true and correct copy of the
original by the officer having charge of the applicant's records;
(3) The purpose
for which such solicitation is to be made, the total amount of funds proposed
to be raised thereby, and the use or disposition to be made of any receipts
therefrom;
(4) A specific
statement, supported by reasons and, if available, figures, showing the need
for the contributions to be solicited;
(5) The names
and addresses of the person or persons who have authority to distribute funds;
(6) The names
and addresses of the person or persons who will be in direct charge of conducting
the solicitation and the names of all professional solicitors connected or to
be connected with the proposed solicitation;
(7) An outline
of the method or methods to be used in conducting the solicitations;
(8) The time
when such solicitations shall be made, giving the preferred dates for the
beginning and the ending of such solicitation;
(9) The estimated cost of solicitation;
(10) The amount
of any wages, fees, commissions, expenses or emoluments to be expended or paid
to any person in connection with such solicitations, and the names and
addresses of all such persons;
(11) A
financial statement for the last preceding fiscal year of any funds collected
for charitable purposes by the applicant, said statement giving the amount of
money so raised, together with the cost of raising it, and the final
distribution thereof, and filed in the clerk's office;
(12) A full
statement of the character and extent of the charitable work being done by the
applicant within the area of the city;
(13) A
statement that the actual cost of the solicitation will not exceed twenty-five
(25%) percent of the total amount to be raised; or in the event the cost will
exceed twenty-five (25%) percent, a statement as to the reasons;
(14) A
statement to the effect that if a permit is granted, it will not be used or
represented in any way as an endorsement by the City of Crossville, or by any
department or officer thereof;
(15) Such other
information as may be reasonably required by the board or by the director for
either to determine the kind and character of the proposed solicitation and
whether such solicitation is in the interest of, and not inimical to, the
public welfare.
While any
application is pending, or during the term of any permit granted thereon, there
is any change in fact, policy, or method that would alter the information given
in the application, the applicant shall notify the board in
9-11
writing thereof within seventy-two (72) hours after such
change. (1989 Code, § 9-305)
9-306. Form of application. The City of Crossville shall provide each
applicant a form which complies substantially with the following form:
9-12
APPLICATION FOR PERMIT TO SOLICIT UNDER SOLICITATIONS
ORDINANCE
(1) Name of
person or organization
Address of headquarters of applicant
(2) Names of
applicant's principal officers and managers (if any):
President Address
Vice-President Address
Secretary Address
Manager Address
Directors: Address
Address Address
(3) Have you
attached to this application a true and correct copy of the
resolution (if any) authorizing the applicant to undertake
the proposed
solicitation covered by the application?
Yes No
(4) The purpose
for which the
solicitation is to
be made is the following:
(Attach a
statement if more space is needed.)
(5) The total amount of funds to be raised is .
(6) The receipts from the solicitation will be used, or
disposed of as follows: (Explain in detail on attached statement.)
9-13
(7) The need for
the contributions to be solicited is as follows:
(This statement must be specific, supported by reasons, and
if available, figures -- an attached statement can be used.)
(8) The
following persons will disburse the receipts of this solicitation:
(Give name, address, & title)
(9) The following
persons will be
in direct charge
of conducting the
solicitation:
(Give name, address, & title)
(10) The following
promoters are connected, or
will be connected
with the
solicitations:
(Give name, address, & title)
(11) The method or
methods to be used in conducting the solicitations are as
follows:
(Explain on attached sheet, if necessary)
(12) The proposed
dates for the beginning and ending of the solicitations
are:
Date begin ,
20___, through ,
20 ____.
(13) The estimated
total cost of the entire solicitation campaign is
.
9-14
(14) The wages,
fees, commissions, expenses or emoluments to be expended or
paid to any person in connection with such solicitation, and
the name and
addresses of all such persons are the following:
(Give name, address, title & amount)
(15) Have you
attached to this application a statement giving the terms and
contents of all agreements, both oral and written, with all
agents,
solicitors, promoters, managers or conductors in connection
with the
proposed solicitation covered in this application?
yes no
(16) Have you
attached a financial statement for the last preceding fiscal year
of all funds collected for charitable purposes by the
applicant, giving the
amount of money raised, together with the cost of raising it
and the final
distribution thereof:
yes no.
(17) A full
statement of the character and extent of the charitable work being
done by the applicant with the City of Crossville is as
follows:
(Explain on attached sheet if more space is needed)
(18) Will the actual cost of the solicitation exceed 25
percent of the total amount to be raised? yes no.
(19) Does applicant certify that if a permit is granted, it
will not be used or represented in any way as an endorsement of the City of
Crossville or by any department or officer thereof?
yes no.
(20) The following
is additional information believed by applicant to be useful
to the Board in determining the kind and character of the
proposed
solicitation:
9-15
(21) Is
applicant a non-profit
exempt organization under
501 (c) (3) of the
Internal Revenue Code of 1954?
yes no.
All of the above statements are true to the best of my
knowledge, information and belief.
Signed by:
Subscribed and sworn to before me, this day
of , 20 .
Notary Public
My commission expires: (1989 Code, § 9-306)
9-307.
Investigation of applicants for permit. The board shall examine all
applications filed under § 9-305 of this chapter and shall make, or cause to be
made, such further investigation of the application and the applicant as the
board shall deem necessary in order for it to perform its duties under this
chapter. Upon request by the board, the applicant shall make available for
inspection all the applicant's books, records and papers at any reasonable time
before the application is granted, during the time a permit is in effect, or
after a permit has expired. The director of law or persons designated by him so
to do, may conduct any investigations into any applicant for a solicitations
permit or as to any holder of a solicitations permit when it appears to said
director or in response to complaints made known to the director that any of
the provisions of this chapter are being violated or the applicant or holder of
such permit has engaged or is engaging in unscrupulous, dishonest, fraudulent
or misleading practices in connection with solicitations of contributions. (1989 Code, § 9-307)
9-308.
Standards for granting or denying permits. The board shall issue the permit
provided for in § 9-305 hereof whenever it shall find the following facts to
exist:
(1) That all of
the statements made
in the application
are true;
(2) That the
applicant has a good character and reputation for honesty and integrity, or if
the applicant is not an individual person, that every member,
9-16
managing officer or agent of the applicant has a good
character or reputation for honesty and integrity;
(3) That the
control and supervision of the solicitation will be under responsible and
reliable persons;
(4) That the
applicant has not engaged in a fraudulent transaction or enterprise;
(5) That the solicitation will not be a fraud on the public;
(6) That the
solicitation is prompted solely by a desire to finance the charitable cause
described in the application and will not be conducted primarily for private
profit;
(7) That the
cost of raising the funds will be reasonable, and that all supplemental costs
will be kept at a minimum. In no case shall a permit be granted unless a
minimum of seventy-five percent (75%) of all monies collected goes directly to
the charitable purpose for which the campaign is intended; provided, however,
that in the case of special event benefits where performers are used, the
board, in its discretion, may grant a permit where fifty percent (50%) of all
monies collected go to the charitable purpose for which the campaign is
intended; provided the ratios of expenses to gross revenues herein set forth
shall be waived by the board where special facts and circumstances are
presented showing that a higher cost is not unreasonable.
(8) Nothing
herein shall prohibit the solicitation by telephone for or on behalf of the
applicant provided that the applicant states in his application the time during
which solicitation will be made by telephone and the number of people being
utilized in telephone solicitation and the amount of money paid the telephone
solicitors. The board shall file in its office for public inspection, and shall
serve upon the applicant by registered mail a written statement of the board
findings of fact and its decision upon each application.
(9) No person
shall be granted a solicitations permit which has not qualified as a non-profit
tax-exempt person or organization under section 501 (c)(3) of the Internal
Revenue Code and/or similar subsequently enacted Federal Internal Revenue law,
or fails or refuses to file any report required by this chapter. (1989 Code, § 9-308)
9-309. Forms of
permit; expiration. Permits issued under this chapter shall bear the name and
address of the person by whom the solicitation is to be made, the number of the
permit, the date issued, the dates within which the permit holder may solicit,
and a statement that the permit does not constitute an endorsement by the City
of Crossville or by any of its departments, officers or employees of the
purpose or of the person conducting the solicitation. All permits shall be
signed by the chairman of the board and the secretary thereof or by their duly
authorized officer or agent. Permits may be granted for a period of ninety (90)
days or for such other or additional periods as the board determines to be
proper, but in no event shall the period for which the organization is
authorized to solicit exceed one (1) year.
9-17 The form of
the permit or certificate shall be as follows:
* * *
PERMIT NO.
(Non-transferable)
Void After
date
Date
(name) of (Address)
is hereby authorized to solicit under the provisions of
title 9, chapter 3 of the
Crossville
Municipal Code, adopted on
the day of
,
20 , from
,
20 , to
, 20 .
THE ISSUANCE OF
THIS PERMIT DOES
NOT CONSTITUTE AN
ENDORSEMENT BY THE
CITY OF CROSSVILLE
OR BY ANY
OF ITS
DEPARTMENTS,
OFFICERS OR EMPLOYEES
OF THE PURPOSE OR
PERSON CONDUCTING THIS SOLICITATION.
Chairman of Solicitation Board ATTEST:
Secretary
* * *
Any permit
issued hereunder shall be non-transferable and said fact of non-transferability
shall be clearly indicated on the permit. Each permit issued under this chapter
shall be returned to the board within seventy-two (72) hours of the date of
expiration, together with all facsimile copies thereof. (1989 Code, § 9-310)
9-310.
Solicitation without permit prohibited. No agent or solicitor shall solicit
contributions for any charitable purpose or any person in the City of
Crossville unless such person has been granted a permit under provisions of
9-18
this chapter. It is understood that the individual agents or
solicitors are not required to have separate permits, but that the only permit
required is the original permit issued to the person for whom the contributions
are being solicited. Provided, however, that each agent or solicitor shall have
in his possession a facsimile of the original permit issued to the organization
for which he solicits. (1989 Code, §
9-311)
9-311. Hearing
on denial of permit. Within five (5) days after receiving notification by
registered mail that his application for a permit to solicit under this chapter
has been denied, any applicant may file a written request for a public hearing
on the application before the board, together with written exceptions to the
findings of fact upon which the board based its denial of the application. Upon
the filing of such a request, the board shall fix a time and place for the
hearing and shall notify the applicant thereof. The hearing shall be held
within ten (10) days after the request is filed. At the hearing the applicant
may present evidence in support of his application and exceptions. An
interested person may, in the discretion of the board, be allowed to
participate in the hearing and present evidence in opposition to the
application and exceptions. Within ten (10) days after the conclusion of the
hearing the board shall render a written report either granting or denying the
application for a permit. In this report the board shall state the facts upon
which this decision is based, and their ruling upon any exceptions filed to its
original findings of fact upon the application. This report shall be filed in
the clerk's office for public inspection and a copy shall be served by
registered mail upon the applicant and all parties to the hearing. (1989 Code, § 9-312)
9-312.
Revocation and suspension of permits--hearing; decision. Whenever it shall be
shown, or whenever the board has knowledge, that any person to whom a permit
has been issued under this chapter has violated any of the provisions of this
chapter, or that any promoter, agent, professional solicitor, or solicitor of a
permit holder has misrepresented the purpose of the solicitation, the board
shall immediately suspend the permit and give the permit holder written notice
by registered, special delivery, mail of a hearing to be held within two (2) days
of such suspension to determine whether or not the permit should be revoked.
This notice must contain a statement of the facts upon which the board has
acted in suspending the permit. At the hearing the permit holder, and any other
interested person, may have the right to present evidence as to the facts upon
which the board based the suspension of the permit, and any other facts which
may aid the board in determining whether this chapter has been violated and
whether the purpose of the solicitation has been misrepresented. If, after such
hearing, the board finds that this chapter has been violated, where the purpose
of the solicitation has been misrepresented, it shall within two (2) days after
the hearing file in the clerk's office for public inspection and serve upon the
permit holder and all interested persons who
9-19
participated in the hearing, a written statement of the
facts from which it based such finding and immediately revoke the permit. If,
after such hearing the board finds that this chapter has not been violated and
the purpose of the solicitation has not been misrepresented, it shall within
two (2) days after the hearing, give to the permit holder a written statement
cancelling the suspension of the permit and stating that no violation or
misrepresentation was found to have been committed. (1989 Code, § 9-313)
9-313.
Financial reports required. It shall be the duty of all persons issued permits
under this chapter to furnish the board within ninety (90) days after the close
of the organization's fiscal year, a detailed report and financial statement
showing the amount raised by the solicitation, the amount expended in
collecting such funds, including a detailed report of wages, fees, commissions,
and expenses paid to any person in connection with such solicitation, and the
disposition of the balance of the funds collected by the solicitation. This
report shall be available for public inspection in the clerk's office at any
reasonable time; provided, however, that the board may extend the time for the
filing of the report required by this section for an additional period of
thirty (30) days upon proof that filing of the report within the specified time
will work unnecessary hardship on the permit holder. Additional extensions of
time may be granted by the board, but only after they have been approved by the
majority vote of the board. The permit holder shall make available to the
board, or to any person designated in writing by the board as its
representative for such a purpose, all books, records and papers whereby the
accuracy of the report required by this section may be checked. The board shall
to the extent possible adopt uniform reporting methods or requirements. (1989 Code, § 9-314)
9-314. Notice
of suspension or revocation of permit to chief of police. The chief of police
shall be notified forthwith by the board of the suspension or revocation of any
permit issued under this chapter. (1989 Code, § 9-315)
9-315. Religious solicitations--registration and certificate
required. No person shall solicit contributions for any
religious purpose within the City of Crossville without a certificate from the
board. Application for a certificate shall be made to the board upon forms
provided by the City of Crossville. Such application shall be sworn to, or
affirmed, and shall contain information required in § 9-305, except such
application shall not contain the statement required in § 9-305(13) or, in lieu
thereof, a statement of the reason or reasons why such information cannot be
furnished.
If while any
application is pending, or during the term of any certificate granted thereon,
there is any change in facts, policy, or method that will alter the information
given in the application, the applicant shall notify the board in writing
thereof within seventy-two (72) hours of such a change.
9-20
Upon receipt of
such application, the board shall forthwith issue the applicant a certificate
of registration. The certificate shall remain in full force and effect for a
period of six (6) months after the issuance thereof, and shall be renewed upon
the expiration of this period upon the filing of a new application as provided
for in this section. Such certificates are non-transferable, and the original
and all facsimile thereof shall be returned to the board within one (1) week
after the date of expiration of the solicitation. Certificates of registration
shall bear the name and address of the person by whom the solicitation is to be
made, the number of the certificate, the date issued, and a statement that the
certificate does not constitute an endorsement by the City of Crossville or by
any of its departments, or officers, of the purpose or of the person conducting
the solicitation. Provided, however, that the provisions of this section shall
not apply to any established person organized and operating exclusively for
religious purposes and not operating for pecuniary profit of any person if the
solicitations by such an established person are conducted among members thereof
by other members or officers thereof, voluntarily and without remuneration for
making such solicitations, or if the solicitations are in the form of
collections or contributions at regular assemblies or services of any such
established person. (1989 Code, § 9-316)
9-316.
Investigations of persons soliciting for religious purposes; exemptions from
permit and certificate requirements. The board is authorized to investigate the
affairs of any person soliciting for religious purposes under a certificate
issued under § 9-316, and the affairs of any person exempted from the
requirement of a permit under § 9-304, and to make public their findings in
order that the public may be fully informed as to the affairs of any said
person. Said persons shall make available to the board, the director of law, or
to any representative designated by the board in writing for such specific
purpose, all books, records, or other information reasonably necessary to
enable the board to fully and fairly inform the public of all facts necessary
to a full understanding by the public of the work and methods of operation of
such persons; provided, that five (5) days before the public release of any
findings under this section, the board must first serve a copy of its findings
upon the person investigated and at the time of the release of its findings, it
must release a copy of any written statement said person may file with the
board in explanation, denial, or confirmation of said findings. (1989 Code, § 9-317)
9-317. Use of
fictitious name, fraudulent misrepresentation and misstatements prohibited. No
person shall directly or indirectly solicit contributions for any purpose by
misrepresentation of his name, occupation, financial condition, social
condition or residence, and no person shall make or perpetrate any other
misstatement, deception, or fraud in connection with any solicitation of any
contribution for any purpose within the City of Crossville, or in any
application or report filed under this chapter. (1989 Code, § 9-318)
9-21
9-318. Judicial
review of board's actions. The action of the board in connection with the
issuance of a permit of any kind, including the revocation of a permit may be
reviewed by the statutory writ of certiorari with the trial de nova as a substitute
for an appeal, said writ of certiorari to be addressed to the Circuit or
Chancery Court of Cumberland County.
Immediately
upon the grant of the writ of certiorari the board shall cause to be made,
certified and forwarded to said court, a complete transcript of the proceedings
in said court.
Provided,
further, the provisions of this section shall be the sole remedy and exclusive
method for review of any action or order of the board. Any party dissatisfied
with the decree of the court may, upon giving bond as required in other cases,
appeal to the Supreme Court, where the cause shall be heard upon the transcript
and records from the Circuit Court.
(1989 Code, § 9-319)
9-319. Street
solicitation prohibited. From and after the adoption of this chapter, all
solicitations on public streets shall be prohibited, and a violation of this
section is punishable under the general penalty provision of this code for each
separate violation. Each individual at each location shall constitute a separate
violation. (1989 Code, § 9-320)
9-320.
Solicitation by means of coin or currency boxes or receptacle restricted. No
person shall solicit by means of coin or currency boxes or receptacles, in the
course of a professional solicitation campaign within the City of Crossville,
and the same is prohibited except:
(1) When each
such box or receptacle bears the persons permit number and is serially numbered
and the board is advised of the number and location of each; and
(2) When each
such box or receptacle is the responsibility of a bona fide member, agent or
solicitor of the soliciting person; and
(3) When such
responsible person is required to pick up each box or receptacle at the end of
the solicitation period; and
(4) When the
use of such boxes and receptacles in the solicitation is expressly authorized
by the board; and
(5) When such
responsible person has no more than a reasonable number of such boxes or
receptacles for which he must account. (1989 Code, § 9-321)
9-321.
Penalties. Any person violating any of the provisions of this chapter, or
filing or causing to be filed, an application for a permit or certificate under
this chapter containing false or fraudulent misstatements, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punished under
the general penalty provisions of this code of ordinances. (1989 Code, § 9-322)
Change 1, February 12, 2008 9-22
CHAPTER 4
TAXICABS1
SECTION
9-401. Taxicab
franchise and privilege license required.
9-402. Requirements as
to application.
9-403. Liability
insurance required.
9-404. Revocation of
franchise.
9-405. Mechanical
condition of vehicles.
9-406. Cleanliness of
vehicles.
9-407. Inspection of
vehicles.
9-408. License and
permit required for drivers.
9-409. Qualifications
for driver's permit.
9-410. Revocation of
driver's permit and owner's privilege license.
9-411. Rules of driver
conduct.
9-412. Parking
restricted.
9-413. Fares.
9-414. Term of permit.
9-415. Refusal to pay
legal fare.
9-401. Taxicab
franchise and privilege license required. It shall be unlawful for any person
to engage in the taxicab business unless he has first obtained a taxicab
franchise from the city and has a currently effective privilege license. (1989 Code, § 9-401)
9-402.
Requirements as to
application. Any person,
firm, or
corporation that desires to have an application considered
for the operation of a taxicab business within the corporate limits must first
apply to the city council through the city manager in writing on a form
prescribed by the city and make proper oath to all the information and matters
therein contained and have the same approved by the city council.
In deciding
whether or not to grant the franchise the city council shall consider the
public need for additional service, the increased traffic congestion, parking
space requirements, and whether or not the safe use of the streets by the
public, both vehicular and pedestrian, will be preserved by the granting of
such an additional taxicab franchise. In no event shall the number of taxicabs
exceed one (1) per four hundred (400) population within the corporate limits
according to the last official census. Those persons already operating taxicabs
when this code is adopted shall not be required to make applications under this
1Municipal code reference
Privilege tax provisions:
title 6, chapter 3.
Change 1, February 12, 2008 9-23
section but shall be required to comply with all of the
other provisions hereof. (1989 Code, § 9-402)
9-403.
Liability insurance required. No taxicab franchise shall be granted or
continued in operation unless there is in full force and effect a public
liability insurance policy in the minimum amount of twenty-five thousand
dollars ($25,000.00) for bodily injury or death per person, fifty thousand
dollars ($50,000.00) for bodily injury or death per accident, and ten thousand
dollars ($10,000.00) for property damage.
(1989 Code, § 9-403, modified)
9-404. Revocation of franchise. The city
council may revoke any taxicab franchise for misrepresentations or false
statements made in the application therefor, and such person, firm, or
corporation shall not be eligible to receive a taxicab franchise for a period
of ten (10) years thereafter. (1989 Code, § 5-904)
9-405.
Mechanical condition of vehicles. It shall be unlawful for any person to
operate any taxicab in the city unless such taxicab is equipped with four (4)
wheel brakes, front and rear lights, safe tires, horn, muffler, windshield
wipers, and rear vision mirror, all of which shall conform to the requirements
of state motor vehicle law. Each taxicab shall be equipped with a handle or
latch or other opening device attached to each door of the passenger
compartment so that such doors may be operated by the passenger from the inside
of the taxicab without the intervention or assistance of the driver. The motor
and all mechanical parts shall be kept in such condition or repair as may be
reasonably necessary to provide for the safety of the public and the continuous
satisfactory operation of the taxicab.
(1989 Code, § 9-405)
9-406.
Cleanliness of vehicles. All taxicabs operated in the city shall, at all times,
be kept in a reasonably clean and sanitary condition. They shall be thoroughly
swept and dusted at least once each day. At least once every week they shall be
thoroughly washed and the interior cleaned with a suitable antiseptic
solution. (1989 Code, § 9-406)
9-407. Inspection
of vehicles. All taxicabs shall be inspected at least semiannually by the chief
of police or other city personnel authorized by the city manager to insure that
they comply with the requirements of this chapter with respect to mechanical
condition, cleanliness, etc. An inspection fee of five dollars ($5.00) shall be
charged. (1989 Code, § 9-407)
9-408. License
and permit required for drivers. No person shall drive a taxicab unless he is
in possession of a state special chauffeur's license and a taxicab driver's
permit issued by the city clerk. (1989 Code, § 9-408, as amended by Ord. #1090,
May 2006)
Change 1, February 12, 2008 9-24
9-409.
Qualifications for driver's permit. No person shall be issued a taxicab
driver's permit unless he or she complies with the following to the
satisfaction of the chief of police:
(1) Files with the city clerk written application.
(2) Is at least
twenty-five (25) years of age and holds a State Class D with "for-hire
endorsement" driver's license.
(3) Undergoes an examination by a physician
and is found to be of sound physique, with good eyesight and hearing and not
subject to epilepsy, vertigo, heart trouble, or any other infirmity of body of
mind which might render him unfit for the safe operation of a public vehicle.
(4) Is clean in
dress and person and is not addicted to the use of intoxicating liquor or
drugs.
(5) Has not
been convicted of a felony, drunk driving, driving under the influence of an
intoxicant or drug, or of frequent minor traffic offenses within the five (5)
years next preceding.
(6) Has not
been involved in more than two (2) "at-fault" traffic accidents
during a period of five (5) years immediately preceding the date of application
for the driver's permit.
(7) Is familiar
with the state and local traffic laws. (1989 Code, § 9-409, modified, as
amended by Ord. #1090, May 2006)
9-410.
Revocation of driver's permit and owner's privilege license. The city council
may revoke any taxicab driver's permit for violation of traffic regulations,
for violation of any provision of this chapter, or when the driver ceases to
possess the qualifications as prescribed in section 9-409. In the event the
owner continues to employ any driver who has been convicted under this section
in the city court, then the owner's privilege license may be revoked and such
revocation shall become effective as of the date of conviction regardless of
whether the case is appealed. (1989
Code, § 9-410)
9-411. Rules of
driver conduct. Taxicab drivers shall adhere to the following rules of conduct:
(1) Drivers not
to solicit business. All taxicab drivers are expressly prohibited from
indiscriminately soliciting passengers or from cruising upon the streets of the
city for the purpose of obtaining patronage for their cabs.
(2) Drivers to
use direct routes. Taxicab drivers shall always deliver their passengers to
their destinations by the most direct available route.
(3) Taxicabs
not to be used for illegal purposes. No taxicab shall be used for or in the
commission of any illegal act, business, or purpose.
(4)
Transportation of more than one passenger at the same time. No person shall be
admitted to a taxicab already occupied by a passenger without the consent of
such other passenger.
Change 1, February 12, 2008 9-25
(5) Miscellaneous prohibited
conduct. It shall
be unlawful for
any
taxicab driver, while on duty, to be under the influence of,
or to drink any intoxicating beverage or beer; to use profane or obscene
language; to shout or call to prospective passengers; to unnecessarily blow the
automobile horn; or to otherwise unreasonably disturb the peace, quiet, and
tranquility of the city in any way.
(1989 Code, § 9-411)
9-412. Parking
restricted. It shall be unlawful to park any taxicab on any street except in
such places as have been specifically designated and marked by the city for the
use of taxicabs. Provided, however, that taxicabs may stop upon any street for
the purpose of picking up or discharging passengers if such stops are made in
such manner as not to unreasonably interfere with or obstruct other traffic and
provided the passenger loading or discharging is promptly accomplished. (1989 Code, § 9-412)
9-413. Fares.
Each taxi cab company shall be required to file a list to the city clerk of its
rates upon the enacting of this section and, shall likewise file the same prior
to any change in the fares. The same shall be filed with the chief of police.
The rate list shall be posted conspicuously in the taxicab so that the
passenger will know in advance what the charges will be. (1989 Code, § 9-413,
as replaced by Ord. #1090, May 2006)
9-414. Term of
permit. (1) Taxicab owner's permits and taxicab driver's permits shall be
issued for a period of not more than one (1) year and shall continue in effect
only through December 31st of the year within which it is issued, except that
during December of any year, permits may be issued to be effective through
December 31st of the next year.
(2) Renewal
applications must be filed prior to December 1st each year.
It shall be the responsibility of the taxicab owner to have
all vehicles inspected prior to issuance of a new permit by the city clerk.
Taxicab drivers will be required to submit a statement signed by a physician
within sixty (60) days preceding renewal of their fitness for the safe
operation of a public vehicle. The city clerk shall not issue a renewal permit
until a recommendation has been received from the chief of police following
confirmation that applicant meets the qualifications outlined in § 9-409. (as added by Ord. #1090, May 2006)
9-415. Refusal to pay legal fare. It
shall be unlawful for any person to refuse to pay the legal fare for any
taxicab after having hired it, and it shall be unlawful for any person to hire
any taxicab with intent to defraud the person from whom it is hired of the
value of such service. (as added by Ord. #1090, May 2006)
9-26
CHAPTER 5
POOL ROOMS1
SECTION
9-501. Prohibited
in residential areas. 9-502. Hours of
operation regulated. 9-503. Minors to
be kept out; exception.
9-501. Prohibited
in residential areas. 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 on any premises located in any block where fifty percent
(50%) or more of the land is used or zoned for residential purposes. (1989 Code, § 9-501)
9-502. Hours of
operation regulated. It shall be unlawful for any person to operate pool tables
or billiard tables for public use or hire on Sunday, between the hours of 6:00 A.M.
and 1:00 P.M. (1989 Code, § 9-502)
9-503. 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. It shall be unlawful for any person under the age
of eighteen (18) years, who has filed the proper consent documents, to remain
in the establishment past 12:00 Midnight.
(1989 Code, § 9-503)
1Municipal code reference
Privilege tax provisions:
title 6, chapter 3.
9-27
CHAPTER 6 FAIR HOUSING
SECTION
9-601. Policy.
9-602. Definitions.
9-603. Unlawful
practice.
9-604. Discrimination
in the sale or rental of housing.
9-605. Discrimination
in the financing of housing.
9-606. Discrimination
in the provision of brokerage services.
9-607. Exemption.
9-608. Administration.
9-609. Education and
conciliation.
9-610. Enforcement.
9-611. Investigations;
subpoenas; giving of evidence.
9-612. Enforcement by
private persons.
9-601. Policy.
It is the policy of the City of Crossville to provide, within constitutional
limitations, for fair housing throughout the community. (1989 Code, § 9-601)
9-602.
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 judiciaries.
(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
§§ 9-604, 9-605, or 9-606 of this code.
(1989 Code, § 9-602)
9-603. Unlawful
practice. Subject to the provision of subsection (2) and § 9-607, the
prohibitions against discrimination in the sale or rental of housing set forth
in § 9-604 shall apply to:
(1) All dwellings except as exempted by subsection (2).
(2) Nothing in § 9-604 shall apply to:
(a) Any single-family house
sold or rented
by an owner:
Provided that such
private individual owner
does not own
more than
9-28
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 such 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 sale 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 § 9-604(3) of this chapter, 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
purposes 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.(1989 Code, § 9-603)
9-604.
Discrimination in the sale or rental of housing. As made applicable by § 9-603
and except as exempted by §§ 9-601(2) and 9-607, it shall be unlawful:
9-29
(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, sex, national origin,
familial status or handicap.
(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, sex, national origin,
familial status or handicap.
(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, sex, national origin, familial status or handicap, or an
intention to make any such preference, limitation, or discrimination.
(4) To
represent to any person because of race, color, religion, sex, national origin,
familial status or handicap 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, sex, national
origin, familial status or handicap.
(6) To refuse
to permit, at the expense of the person with a disability, reasonable
modifications of existing premises occupied or to be occupied by that person if
such modifications are necessary to afford that person full enjoyment of the
premises.
(7) To refuse
to make reasonable accommodations in rules, policies, practices, or service
when such accommodations are necessary to afford a person with a disability
equal opportunity to use and enjoy a dwelling. (1989 Code, § 9-604)
9-605.
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 therefore 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, sex, national origin, familial status or handicap 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
9-30
this section shall impair the scope or effectiveness of the
exception contained in § 9-603(2).
(1989 Code, § 9-605)
9-606.
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 of conditions of such
access, membership, or participation, on account of race, color, religion, sex,
national origin, familial status or handicap. (1989 Code, § 9-606)
9-607.
Exemption. Nothing in this chapter shall prohibit a religious organization,
association, or society, or any non-profit 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
person, unless membership in such religion is restricted on account of race,
color, sex, national origin, familial status or handicap. 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. (1989 Code, § 9-607)
9-608.
Administration. (1) The authority and responsibility for administering this Act
shall be in the city manager of Crossville.
(2) The city
manager may delegate any of these functions, duties, and powers to employees of
the community 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 city manager 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 community, 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 city
manager to further such purposes. (1989
Code, § 9-608)
9-609.
Education and conciliation. Immediately after the enactment of this chapter,
the city manager 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
9-31
implementing it, and shall endeavor with their advice to
work out programs of voluntary compliance and of enforcement. (1989 Code, § 9-609)
9-610.
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 city manager. Complaints shall
be in writing and shall contain such information and be in such form as the
city manager requires. Upon receipt of such a complaint, the city manager shall
furnish a copy of the same to the person or persons who allegedly committed or
is 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 city manager shall
investigate the complaint and give notice in writing to the person aggrieved
whether he intends to resolve it. If the city manager decides to resolve the
complaints, he shall proceed to try to eliminate or correct the alleged discriminatory
housing practice by information 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 city manager 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 one thousand dollars ($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 and answer to the complaint
against him and with the leave of the city manager, 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 city manager, the city manager
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 city manager will assist in this
filing.
(4) If the city manager 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 such 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.
9-32
(5) In any
proceeding brought pursuant to this section, the burden of proof shall be on
the complaint.
(6) Whenever an
action filed by an individual shall come to trial, the city manager shall
immediately terminate all efforts to obtain voluntary compliance. (1989 Code, § 9-610)
9-611.
Investigations; subpoenas; giving of evidence. (1) In conducting an
investigation, the city manager shall have access at all reasonable 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
city manager first complies with the provisions of the Fourth Amendment
relating to unreasonable searches and seizures. The city manager 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 of the district in which the investigation is
taking place. The city manager may
administer oaths.
(2) Upon
written application to the city manager, a respondent shall be entitled to the
issuance of a reasonable number of subpoenas by and in the name of the city
manager to the same extent and subject to the same limitations as subpoenas
issued by the city manager 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 city manager shall be entitled to the same witness
and mileage fees as are witnesses in proceedings in United States district
courts. Fees payable to the 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
city manager to revoke or modify the subpoena. The city manager 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 city manager 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
9-33
of the city manager shall be fined not more than one
thousand dollars ($1,000) or imprisoned not more than one year, or both. Any
person who, with intent thereby to mislead the city manager, shall make or
cause to be made any false entry or statement of fact in any report, account,
record, or other document submitted the city manager 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 evidence, shall be fined not more than one thousand dollars
($1,000) or imprisoned not more than one year, or both.
(7) The city
attorney shall conduct
all litigation in
which the city
manager participates as party or as amicus pursuant to this
chapter. (1989 Code, § 9-611)
9-612.
Enforcement by private persons. (1) The rights granted by §§ 9-603, 9-604,
9-605, and 9-606 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 to
this section or § 9-610(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 of race, color, religion or
national origin, in any of the activities, services, organizations or
facilities; 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, or
participating lawfully in speech or peaceful assembly
opposing any denial of the
opportunity to so participate shall be fined not more than
one thousand dollars
($1,000), or imprisoned not more than one year, or both;
and, if bodily injury
results, shall be fined not more than ten thousand dollars
($10,000), or
imprisoned not more than ten (10) years, or both; and, if
death results, shall be
subject to imprisonment for any term of years or for
life. (1989 Code, § 9-612)
9-34
CHAPTER 7 SAW MILLS
SECTION
9-701. Permit
required.
9-702. Guidelines
for issuance of permits.
9-701. Permit
required. A permit shall be required for the construction or installation of sawmills
within the corporate limits of the City of Crossville, and further that such
permits shall be given at the sole discretion of the city council. (1989 Code, § 9-701)
9-702.
Guidelines for issuance of permits. The general guidelines for issuance of such
permits shall include, but not be limited to, the following guidelines:
(1) An installation employing three (3) or more people.
(2) A permanent
or stationary mill rather than temporary or portable, except under specific and
unusual circumstances.
(3) An installation planned for continual rather than
temporary use.
(4) A mill
which will not create undue distress to the surrounding area.
(5) Such other
requirements as the city council shall deem necessary upon hearing permit
requests. (1989 Code, § 9-702)
9-35
CHAPTER 8 PRIVATE LANDFILLS OR WASTE INCINERATORS
SECTION
9-801. Permit
required.
9-802. Exemptions.
9-803. Application
required.
9-804. Annual
report required for renewal of permit.
9-801. Permit
required. A permit shall be required for private landfills or waste
incinerators within the corporate limits of the City of Crossville pursuant to
§ 17-108 of the Crossville Municipal Code and further that such permits shall
be given at the sole discretion of the governing body. No permit shall be
issued for the burning of toxic wastes. Emission requirements will be set by
the city council and may be more stringent than those set by federal and state
agencies. (1989 Code, § 9-801)
9-802.
Exemptions. The terms of this chapter shall not be applicable to any private
landfills or waste incinerators in operation at the time of first passage.1
(1989 Code, § 9-802)
9-803. Application
required. Application for a permit shall be made in the city clerk's office and
accompanied by a nonrefundable application fee of five hundred dollars
($500.00). (1989 Code, § 9-803)
9-804. Annual
report required for renewal of permit. Any facility granted a permit will be
required to submit an annual report by February 1 for the preceding calendar
year showing the amount of waste disposed and pay a yearly renewal fee of two
thousand dollars ($2,000) per ton of waste not generated in Cumberland
County. (1989 Code, § 9-804)
1These
provisions were taken from Ord. #473, which passed first reading Jan. 9, 1990.
Change 1, February 12, 2008 9-36
CHAPTER 9 ADULT-ORIENTED ESTABLISHMENT
SECTION
9-901. Purpose and
findings.
9-902. Definitions.
9-903. License
required.
9-904. Application for
license.
9-905. Standards for
issuance of license.
9-906. Permit
required.
9-907. Application for
permit.
9-908. Standards for
issuance of permit.
9-909. Fees.
9-910. Display of
license or permit.
9-911. Renewal of
license or permit.
9-912. Revocation of
license or permit.
9-913. Location of
sexually oriented business.
9-914. Hours of
operation.
9-915. Responsibilities
of the operator.
9-916. Prohibitions
and unlawful sexual acts.
9-917. Penalties and
prosecution.
9-918. Invalidity of
part.
9-919. et seq.
Reserved.
9-901. Purpose
and findings. (1) Purpose. It is the purpose of this chapter to regulate
sexually oriented businesses in order to promote the health, safety, morals,
and general welfare of the citizens of the city, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the city. The provisions of this chapter
have neither the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor effect of this chapter to
restrict or deny access by adults to sexually oriented materials protected by
the First Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market. Neither is it the
intent nor effect of this chapter to condone or legitimize the distribution of
obscene material.
(2) Findings. Based on evidence concerning the adverse
secondary
effects of adult uses on the community presented in hearings
and in reports made available to the council, and on findings incorporated in
the cases of City of Renton V. Playtime Theatres, Inc., 475 U.S. 41 (1986),
Young V. American Mini Theatres, 426 U.S. 50 (1976), and Barnes V. Glen
Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities
including, but not limited to,
Change 1, February 12, 2008 9-37
Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas;
Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles,
California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from
the Report of the Attorney Generals Working Group on the Regulation of Sexually
Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:
(a) Sexually
oriented businesses lend themselves to ancillary unlawful and unhealthy
activities that are presently uncontrolled by the operators of the
establishments. Further, there is
presently no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
(b) Certain
employees of sexually oriented businesses defined in this chapter as adult
theaters and cabarets engage in higher incidence of certain types of illicit
sexual behavior than employees of other establishments.
(c) Sexual
acts, including masturbation, and oral and anal sex, occur at sexually oriented
businesses, especially those which provide private or semi-private booths or
cubicles for viewing films, videos, or live sex shows.
(d) Offering
and providing such space encourages such activities, which creates unhealthy
conditions.
(e) Persons
frequent certain adult theaters, adult arcades, and other sexually oriented
businesses for the purpose of engaging in sex within the premises of such
sexually oriented businesses.
(f) At least
fifty (50) communicable diseases may be spread by activities occurring in
sexually oriented businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes,
hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella
infections.
(g) Since 1981
and to the present, there has been an increasing cumulative number of reported
cases of AIDS caused by the human immunodeficiency virus (HIV) in the United
States--600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448
through December 31, 1992.
(h) As of
February 28, 1994,
there have been 3,755 reported
cases of AIDS in the State of Tennessee.
(i) Since 1981
and to the present, there have been an increasing
cumulative number of persons testing positive for the HIV
antibody test in Cumberland County, Tennessee.
(j) The number
of cases of early (less than one year) syphilis in
the United States reported annually has risen, with 33,613
cases reported in 1982 and 45,200 through November of 1990.
Change 1, February 12, 2008 9-38
(k) The number
of cases of
gonorrhea in the
United States
reported annually remains at a high level, with over
one-half million cases being reported in 1990.
(l) The Surgeon
General of the United States in his report of
October 22, 1986, has advised the American public that AIDS
and HIV infection may be transmitted through sexual contact, intravenous drug
abuse, exposure to infected blood and blood components, and from an infected
mother to her newborn.
(m) According to
the best scientific
evidence, AIDS and
HIV
infection, as well as syphilis and gonorrhea, are
principally transmitted by sexual acts.
(n) Sanitary
conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there
are unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the facilities to
self-regulate those activities and maintain those facilities.
(o) Numerous
studies and reports have determined that semen
is found in the areas of sexually oriented businesses where
persons view "adult" oriented films.
(p) The findings
noted in subsections
(a) through (o)
raise
substantial governmental concerns.
(q) Sexually oriented businesses have operational
characteristics which should be reasonably regulated in
order to protect those substantial governmental concerns.
(r) A reasonable licensing procedure is
an appropriate
mechanism to place the burden of that reasonable regulation
on the owners and the operators of the sexually oriented businesses. Further,
such a licensing procedure will place a heretofore nonexistent incentive on the
operators to see that the sexually oriented business is run in a manner
consistent with the health, safety and welfare of its patrons and employees, as
well as the citizens of the city. It is appropriate to require reasonable
assurances that the licensee is the actual operator of the sexually oriented
business, fully in possession and control of the premises and activities
occurring therein.
(s) Removal of
doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a
substantial governmental interest in curbing the illegal and unsanitary sexual
activity occurring in adult theaters.
(t) Requiring
licensees of sexually oriented businesses to keep
information regarding current employees and certain past
employees will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects and by
preventing minors from working in such establishments.
Change 1, February 12, 2008 9-39
(u) The disclosure
of certain information
by those persons
ultimately responsible for the day-to-day operation and
maintenance of the sexually oriented business, where such information is
substantially related to the significant governmental interest in the operation
of such uses, will aid in preventing the spread of sexually transmitted
diseases.
(v) It is
desirable in the
prevention of the
spread of
communicable diseases to obtain a limited amount of
information regarding certain employees who may engage in the conduct which
this chapter is designed to prevent or who are likely to be witnesses to such
activity.
(w) The fact that
an applicant for an adult use license has been
convicted of a sexually related crime leads to the rational
assumption that the applicant may engage in that conduct in contravention of
this chapter.
(x) The barring
of such individuals from the management of
adult uses for a period of years serves as a deterrent to
and prevents conduct which leads to the transmission of sexually transmitted
diseases.
(y) The general
welfare, health, morals and safety of the citizens
of the city will be promoted by the enactment of this
chapter. (1989 Code, § 9-901, as replaced by Ord. #1097, July 2006)
9-902.
Definitions. For the purpose of this chapter, the words and phrases used herein
shall have the following meanings, unless otherwise clearly indicated by the
context:
(1)
"Adult-oriented establishment" shall include, but not be limited to,
"adult bookstore," "adult motion picture theaters,"
"adult mini-motion picture establishments," or "adult
cabaret," and further means any premises to which the public patrons or
members (regardless of whether or not the establishment is categorized as a
private or members only club) are invited or admitted and/or which are so
physically arranged as to provide booths, cubicles, rooms, compartments or
stalls separate from the common areas of the premises for the purpose of
viewing adult-oriented motion pictures, or wherein an entertainer provides
adult entertainment to a member of the public, a patron or a member, when such
adult entertainment is held, conducted, operated or maintained for a profit,
direct or indirect. An "adult-oriented establishment" further
includes, without being limited to, any "adult entertainment studio"
or any premises that is physically arranged and used as such, whether
advertised or represented as an adult entertainment studio, rap studio, exotic
dance studio, encounter studio, sensitivity studio, modeling studio or any
other term of like import.
(2) "Adult
bookstore" means an establishment receiving at least twenty percent (20%)
of its gross sales from the sale or rental of books, magazines, periodicals,
videotapes, DVDs, films and other electronic media which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to
"specified sexual
activities" or
"specified anatomical areas," as
Change 1, February 12, 2008 9-40
defined below. "Adult bookstore" shall not include
video stores whose primary business is the rental and sale of videos which are
not distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas.
(3) "Adult
motion picture theater" means an enclosed building with a capacity of
fifty (50) or more persons regularly used for presenting materials having as a
dominant theme or presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" as defined below,
for observation by any means by patrons therein.
(4) "Adult
mini-motion picture theater" means an enclosed building with a capacity of
less than fifty (50) persons regularly used for presenting material
distinguished or characterized by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified
anatomical areas," as defined below, for observation by any means by
patrons therein.
(5) "Adult
cabaret" is defined to mean an establishment which features as a principle
use of its business, entertainers and/or waiters and/or bartenders and/or any
other employee or independent contractor, who expose to public view of the
patrons within said establishment, at any time, the bare female breast below a
point immediately above the top of the areola, human genitals, pubic region, or
buttocks, even if partially covered by opaque material or completely covered by
translucent material; including swim suits, lingerie or latex covering. Adult
cabarets shall include commercial establishments which feature entertainment of
an erotic nature including exotic dancers, table dancers, private dancers,
strippers, male or female impersonators, or similar entertainers.
(6) "Mayor
and city council" means the Mayor and City Council of the City of
Crossville, Tennessee.
(7)
"Employee" means any and all persons, including independent
contractors, who work in or at or render any services directly related to the
operation of an adult-oriented establishment.
(8)
"Entertainer" means any person who provides entertainment within an
adult-oriented establishment as defined in this section, whether or not a fee
is charged or accepted for entertainment and whether or not entertainment is
provided as an employee or an independent contractor.
(9)
"Adult-entertainment" means any exhibition of any adult-oriented:
motion pictures, live performance, computer or CD Rom generated images,
displays of adult-oriented images or performances derived or taken from the
internet, displays or dance of any type, which has a significant or substantial
portion of such performance any actual or simulated performance of specified
sexual activities or exhibition and viewing of specified anatomical areas,
removal or partial removal of articles of clothing or appearing unclothed,
pantomime, modeling, or any other personal service offered customers.
Change 1, February 12, 2008 9-41
(10)
"Operator" means any person, partnership, corporation, or entity of
any type or character operating, conducting or maintaining an adult-oriented
establishment.
(11) "Specified sexual activities" means:
(a) Human genitals in a state of actual or
simulated sexual stimulation or arousal;
(b) Acts or
simulated acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or
erotic touching of human genitals, pubic region, buttock or female breasts.
(12) "Specified
anatomical areas" means:
(a) Less than
completely and opaquely covered:
(i) Human
genitals, pubic region;
(ii) Buttocks;
(iii) Female
breasts below a point immediately above the
top of the areola; and
(b) Human male genitals in an actual or simulated
discernibly
turgid state, even if completely opaquely covered. (1989
Code, § 9-902, as
replaced by Ord. #1097, July 2006)
9-903. License
required. (1) Except as provided in subsection (5) below, from and after the
effective date of this chapter, no adult-oriented establishment shall be
operated or maintained in the City of Crossville without first obtaining a
license to operate issued by the City of Crossville.
(2) A license
may be issued only for one (1) adult-oriented establishment located at a fixed
and certain place. Any person, partnership, or corporation which desires to
operate more than one (1) adult-oriented establishment must have a license for
them.
(3) No license
or interest in a license may be transferred to any person, partnership, or
corporation.
(4) It shall be
unlawful for any entertainer, employee or operator to knowingly work in or
about, or to knowingly perform any service directly related to the operation of
any unlicensed adult-oriented establishment.
(5) All
existing adult-oriented establishments at the time of the passage of this
article must submit an application for a license within on hundred twenty (120)
days of the passage of this chapter on second and final reading. If a license
is not issued within said one hundred twenty (120) day period, then such
existing adult-oriented establishment shall cease operations.
(6) No license
may be issued for any location unless the premises is lawfully zoned for
adult-oriented establishments and unless all requirements of the zoning
ordinance are complied with. (1989 Code, § 9-903, as replaced by Ord. #1097,
July 2006)
Change 1, February 12, 2008 9-42
9-904.
Application for license. (1) Any person, partnership, or corporation desiring
to secure a license shall make application to the city clerk of the City of
Crossville. The application shall be filed in triplicate with and dated by the
city clerk. A copy of the application shall be distributed promptly by the city
clerk to the police chief for his review and recommendation and to the
applicant.
(2) An applicant
for a license including any partner or limited partner
of the partnership applicant, and any officer or director of
the corporate applicant and any stockholder holding more than five percent (5%)
of the stock of a corporate applicant, or any other person who is interested
directly in the ownership or operation of the business (including but not
limited to all holders of any interest in land of members of any limited
liability company) shall furnish the following information under oath:
(a) Name and addresses, including all aliases.
(b) Written
proof that the individual(s) is at least eighteen (18) years of age.
(c) All
residential addresses of the applicant(s) for the past three (3) years.
(d) The applicants' height, weight, color of eyes and hair.
(e) The
business, occupation or employment of the applicant(s) for five (5) years
immediately preceding the date of the application.
(f) Whether the
applicant(s) previously operated in this or any other county, city or state
under an adult-oriented establishment license or similar business license;
whether the applicant(s) has ever had such a license revoked or suspended, the
reason therefore, and the business entity or trade name under which the
applicant operated that was subject to the suspension or revocation.
(g) All
criminal statutes, whether federal or state, or city ordinance violation
convictions, forfeiture of bond and pleadings of nolo contendere on all
charges, except minor traffic violations
(h) Fingerprints
and two (2) portrait photographs at least two
(2) inches by two (2) inches of each applicant.
(i) The address
of the adult-oriented establishment to
be
operated by the applicant(s).
(j) A current
certificate and straight-line drawing
prepared
within thirty (30) days prior to application by a registered
land surveyor depicting the property lines and the structures containing and
existing sexually oriented businesses within one thousand (1,000) feet of the
property to be certified; the property lines of any established religious
institution/synagogue, school, or public park or recreation area within one
thousand (1,000) feet of the property to be certified. For purposes of this
section, a use shall be considered existing or established if it is in
existence at the time an application is submitted.
Change 1, February 12, 2008 9-43
(k) The names
and addresses of
all persons, partnerships,
limited liability entities, or corporations holding any
beneficial interest in the real estate upon which such adult-oriented
establishment is to be operated, including but not limited to, contract
purchasers or sellers, beneficiaries of land trust or lessees subletting to
applicant.
(l) If the
premises are leased
or being purchased
under
contract, a copy of such lease or contract shall accompany
the application.
(m) The length of
time each applicant has been a resident of the
City of Crossville, or its environs, immediately preceding
the date of the application.
(n) If the
applicant is a limited liability entity, the applicant
shall specify the name, the date and state of organization,
the name and address of the registered agent and the name and address of each
member of the limited liability entity.
(o) A statement
by the applicant that he or she is familiar with
the provisions of this chapter and is in compliance with
them.
(p) All
inventory, equipment, or supplies which are to be leased,
purchased, held in consignment or in any other fashion kept
on the premises or any part or portion thereof for storage, display, any other
use therein, or in connection with the operation of said establishment, or for
resale, shall be identified in writing accompanying the application
specifically designating the distributor business name, address phone number,
and representative's name.
(q) Evidence in
form deemed sufficient
to the city
that the
location for the proposed adult-oriented establishment
complies with all requirements of the zoning ordinances as now existing or
hereafter amended.
(3) Within ten
(10) days of receiving the results of the investigation conducted by the
Crossville Police Department, the city clerk shall notify the applicant that
his/her application is conditionally granted, denied or held for further
investigation. Such additional investigation shall not exceed thirty (30) days
unless otherwise agreed to by the applicant. Upon conclusion of such additional
investigation, the city clerk shall advise the applicant in writing whether the
application is granted or denied.
(4) Whenever an
application is denied or held for further investigation, the city clerk shall
advise the applicant in writing of the reasons for such action. If the
applicant requests a hearing within ten (10) days of receipt of notification of
denial, a public hearing shall be held thereafter before the mayor and city
council at which time the applicant may present evidence as to why his/her
license should not be denied. The council shall hear evidence as to the basis
of the denial and shall affirm or reject the denial of any application at the
hearing. If any application for an adult-oriented establishment license is
denied by the mayor and city council and no agreement is reached with the
applicant concerning the basis
for denial, the
city attorney shall
institute suit for
Change 1, February 12, 2008 9-44
declaratory judgment in the Chancery Court of Cumberland
County, Tennessee, within five (5) days of the date of any such denial and
shall seek an immediate judicial determination of whether such license or
permit may be properly denied under the law.
(5) Failure or
refusal of the applicant to give any information relevant
to the investigation of the application, or his or her
refusal or failure to appear at any reasonable time and place for examination
under oath regarding said application or his or her refusal to submit to or
cooperate with any investigation required by this chapter, shall constitute an
admission by the applicant that he or she is ineligible for such license and
shall be grounds for denial thereof by the city clerk. (1989 Code, § 9-904, as replaced by Ord.
#1097, July 2006)
9-905.
Standards for issuance of license. (1) To receive a license to operate an
adult-oriented establishment, an applicant must meet the following standards:
(a) If the
applicant is an individual:
(i) The
applicant shall be at least eighteen (18) years of
age.
(ii) The applicant
shall not have
been convicted of
or
pleaded nolo contendere to a felony or any crime involving
moral turpitude, prostitution, obscenity, or other crime of a sexual nature in
any jurisdiction within five (5) years immediately preceding the date of the
application.
(iii) The applicant
shall not have
been found to
have
previously violated this chapter within five (5) years
immediately preceding the date of the application.
(b) If the
applicant is a corporation:
(i) All
officers, directors and stockholders required to be
named under § 9-903 shall be at least eighteen (18) years of
age.
(ii) No officer,
director or stockholder
required to be
named under § 9-903 shall have been found to have previously
violated this chapter within five (5) years immediately preceding the date of
application.
(c) If the applicant is a partnership, joint
venture, limited
liability entity, or any other type of organization where
two (2) or more
persons have a financial interest:
(i) All persons
having a financial interest in
the
partnership, joint venture or other type of organization
shall be at least eighteen (18) years of age.
(ii) No persons
having a financial interest in
the
partnership, joint venture or other type of organization
shall have been convicted of or pleaded nolo contendere to a felony or any
crime involving moral turpitude, prostitution, obscenity or other
Change 1, February 12, 2008 9-45
crime of a sexual nature in any jurisdiction within five (5)
years immediately preceding the date of the application.
(iii) No persons
having a financial interest in
the
partnership, joint venture or other type of organization
shall have
been found to have previously violated this chapter within
five (5)
years immediately preceding the date of the application.
(2) No license
shall be issued unless the Crossville Police Department
has investigated the applicant's qualifications to be
licensed. The results of that
investigation shall be filed by the police chief, in
writing, with the city clerk no
later than twenty
(20) days after
the date of
the application. (1989
Code,
§ 9-905, as replaced by Ord. #1097, July 2006)
9-906. Permit
required. In addition to the license requirements previously set forth for
owners and operators of "adult-oriented establishments," no person
shall be an employee or entertainer in an adult-oriented establishment without
first obtaining a valid permit issued by the city clerk. (1989 Code, § 9-906,
as replaced by Ord. #1097, July 2006)
9-907.
Application for permit. (1) Any person desiring to secure a permit shall make
application to the city clerk. The application shall be filed in triplicate
with and dated by the city clerk. A copy of the application shall be distributed
promptly by the city clerk to the police chief and to the applicant.
(2) The application for a permit shall be upon a
form provided by the
city clerk. An applicant for a permit shall furnish the
following information
under oath:
(a) Name and address, including all aliases.
(b) Written
proof that the individual is at least eighteen (18) years of age.
(c) All residential addresses of the applicant for the past
three
(3) years.
(d) The applicant's height, weight, color of eyes, and hair.
(e) The
business, occupation or employment of the applicant for five (5) years
immediately preceding the date of the application.
(f) Whether the
applicant, while previously operating in this or any other city or state under
an adult-oriented establishment permit or similar business for whom applicant
was employed or associated at the time, has ever had such a permit revoked or
suspended, the reason therefore, and the business entity or trade name for whom
the applicant was employed or associated at the time of such suspension or
revocation.
(g) All
criminal statutes, whether federal, state or city ordinance violation,
convictions, forfeiture of bond and pleadings of nolo contendere on all
charges, except minor traffic violations.
(h) Fingerprints
and two (2) portrait photographs at least two
(2) inches by two (2) inches of the applicant.
Change 1, February 12, 2008 9-46
(i) The length
of time the applicant has been a resident of the
City of Crossville, or its environs, immediately preceding
the date of the application.
(j) A statement
by the applicant that he or she is familiar with
the provisions of this chapter and is in compliance with
them.
(3) Within ten
(10) days of receiving the results of the investigation conducted by the
Crossville Police Department, the city clerk shall notify the applicant that
his application is granted, denied, or held for further investigation. Such
additional investigation shall not exceed an additional thirty (30) days unless
otherwise agreed to by the applicant. Upon the conclusion of such additional
investigations, the city clerk shall advise the applicant in writing whether
the application is granted or denied.
(4) Whenever an
application is denied or held for further investigation, the city clerk shall
advise the applicant in writing of the reasons for such action. If the
applicant requests a hearing within ten (10) days of receipt of notification of
denial, a public hearing shall be held thereafter before the mayor and city
council at which time the applicant may present evidence bearing upon the
question.
(5) Failure or
refusal of the applicant to give any information relevant to the investigation
of the application, or his or her refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application or his or
her refusal to submit to or cooperate with any investigation required by this
chapter, shall constitute an admission by the applicant that he or she is
ineligible for such permit and shall be grounds for denial thereof by the
city. (1989 Code, § 9-907, as replaced
by Ord. #1097, July 2006)
9-908.
Standards for issuance of permit. (1) To receive a permit as an employee or
entertainer, an applicant must meet the following standards:
(a) The applicant shall be at least eighteen (18) years of
age.
(b) The
applicant shall not have been convicted of or pleaded no contest to a felony or
any crime involving moral turpitude or prostitution, obscenity or other crime
of a sexual nature (including violation of similar adult-oriented establishment
laws or ordinances) in any jurisdiction within five (5) years immediately
preceding the date of the application.
(c) The
applicant shall not have been found to violate any provision of this chapter
within five (5) years immediately preceding the date of the application.
(2) No permit
shall be issued until the Crossville Police Department
has investigated the applicant's qualifications to receive a
permit. The results of that investigation shall be filed by the police chief,
in writing, with the city clerk not later than twenty (20) days after the date
of the application. (1989 Code, § 9-908, as replaced by Ord. #1097, July 2006)
Change 1, February 12, 2008 9-47
9-909. Fees.
(1) A license fee of five hundred dollars ($500.00) shall be submitted with the
application for a license. If the application is denied, one-half (½) of the
fee shall be returned.
(2) A permit fee
of one hundred dollars ($100.00) shall be submitted
with the application for a permit. If the application is
denied, one-half (½) of the fee shall be returned. (1989 Code, § 9-909, as
replaced by Ord. #1097, July 2006)
9-910. Display
of license or permit. (1) The license shall be displayed in a conspicuous
public place in the adult-oriented establishment.
(2) The permit
shall be carried by an employee and/or entertainer upon
his or her person and shall be displayed upon request of a
customer, any member of the Crossville Police Department, or any person
designated by the mayor and city council. (1989 Code, § 9-910, as replaced by
Ord. #1097, July 2006)
9-911. Renewal
of license or permit. (1) Every license issued pursuant to this chapter will
terminate at the expiration of one (1) year from the date of issuance, unless
sooner revoked, and must be renewed before operation is allowed in the
following year. Any operator desiring to renew a license shall make application
to the city clerk. The application for renewal must be filed not later than
sixty (60) days before the license expires. The application for renewal shall
be filed in triplicate with and dated by the city clerk. A copy of the
application for renewal shall be distributed promptly by the city clerk to the
police chief and to the operator. The application for renewal shall be a form
provided by the city clerk and shall contain such information and data, given
under oath or affirmation, as may be required by the mayor and city council.
(2) A license
renewal fee of five hundred dollars ($500.00) shall be submitted with the
application for renewal. In addition to the renewal fee, a late penalty of one
hundred dollars ($100.00) shall be assessed against the applicant who files for
a renewal less than sixty (60) days before the license expires. If the
application is denied, one-half (½) of the total fees collected shall be
returned.
(3) If the
Crossville Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed by the police chief,
in writing, with the city clerk.
(4) Every
permit issued pursuant to this chapter will terminate at the expiration of one
(1) year from the date of issuance unless sooner revoked, and must be renewed
before an employee and/or entertainer is allowed to continue employment in an
adult-oriented establishment in the following calendar year. Any employee
and/or entertainer desiring to renew a permit shall make application to the
city clerk. The application for renewal must be filed not later than sixty (60)
days before the permit expires. The application for renewal shall be filed in
triplicate with and dated by the city clerk. A copy of the application for
renewal shall be distributed promptly by the city clerk to the police chief and
Change 1, February 12, 2008 9-48
to the employee. The application for renewal shall be upon a
form provided by the city clerk and shall contain such information and data,
given under oath or affirmation, as may be required by the mayor and city
council.
(5) A permit
renewal fee of one hundred dollars ($100.00) shall be submitted with the
application for renewal. In addition to said renewal fee, a late penalty of
fifty dollars ($50.00) shall be assessed against the applicant who files for
renewal less that sixty (60) days before the license expires. If the
application is denied one-half (½) of the fee shall be returned.
(6) If the
Crossville Police Department is aware of any information bearing on the
employee's qualifications, that information shall be filed in writing with the
police chief. (1989 Code, § 9-911, as replaced by Ord. #1097, July 2006)
9-912.
Revocation of license or permit. (1) The city clerk shall revoke a license or
permit for any of the following reasons:
(a) Discovery
that false or misleading information or data was given on any application or
material facts were omitted from any application.
(b) The
operator, entertainer, or any employee of the operator, violates any provision
of this chapter or any rule or regulation adopted by the city council pursuant
to this chapter; provided, however, that in the case of a first offense by an
operator where the conduct was solely that of an employee, the penalty shall
not exceed a suspension of thirty (30) days if the city council shall find that
the operator had no actual or constructive knowledge of such violation and
could not by the exercise of due diligence have had such actual or constructive
knowledge.
(c) The
operator or employee becomes ineligible to obtain a license or permit.
(d) Any cost or
fee required to be paid by this chapter is not paid.
(e) An operator
employs an employee who does not have a permit or provide space on the
premises, whether by lease or otherwise, to an independent contractor who
performs or works as an entertainer without a permit.
(f) Any
intoxicating liquor, cereal malt beverage, narcotic or controlled substance is
allowed to be sold or consumed on the licensed premises.
(g) Any
operator, employee or entertainer sells, furnishes, gives or displays, or causes
to be sold, furnished, given or displayed to any minor any adult-oriented
entertainment or adult-oriented material.
(h) Any
operator, employee or entertainer denies access of law
enforcement personnel to any portion of the licensed
premises wherein adult-oriented entertainment is permitted or to any portion of
the licensed premises wherein adult-oriented material is displayed or sold.
Change 1, February 12, 2008 9-49
(i) Any
operator allows continuing violations of the rules and
regulations of the Cumberland County Health Department.
(j) Any
operator fails to maintain the licensed premises in a
clean, sanitary and safe condition.
(k) Any minor is
found to be loitering about or frequenting the
premises.
(2) The city
clerk, before revoking or suspending any license or permit, shall give the
operator or employee at least ten (10) days' written notice of the charges
against him or her and the opportunity for a public hearing before the mayor
and city council, at which time the operator or employee may present evidence
bearing upon the question. In such cases, the charges shall be specific and in
writing.
(3) The
transfer of a license or any interest in a license shall automatically and
immediately revoke the license. The transfer of any interest in a
non-individual operator's license shall automatically and immediately revoke
the license held by the operator. Such license shall thereby become null and
void.
(4) Any
operator or employee whose license or permit is revoked shall not be eligible
to receive a license or permit for five (5) years from the date of revocation.
No location or premises for which a license has been issued shall be used as an
adult-oriented establishment for two (2) years from the date of revocation of
the license. (1989 Code, § 9-912, as replaced by Ord. #1097, July 2006)
9-913. Location
of sexually oriented business. (1) A person commits an offense if the person
operates or causes to be operated a sexually oriented business within one
thousand (1,000) feet of:
(a) A church,
synagogue, mosque, temple or building which is used primarily for religious
worship and related religious activities;
(b) A public or
private educational facility including but not limited to child day care
facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools, junior high schools, middle schools,
high schools, vocational schools, secondary schools, continuation schools,
special education schools, junior colleges, and universities; school includes
the school grounds, but does not include facilities used primarily for another
purpose and only incidentally as a school;
(c) A public
park or recreational area which has been designated for park or recreational
activities including but not limited to a park, playground, nature trails,
swimming pool, reservoir, wilderness areas, or other similar public land within
the city which is under the control, operation, or management of the city park
and recreation authorities;
Change 1, February 12, 2008 9-50
(d) An entertainment business
which is oriented
primarily towards children or family entertainment; or
(e) A licensed
premises, licensed pursuant
to the alcoholic beverage control regulations of
the state and city.
(2) A person
commits a misdemeanor if that person causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or control of
a sexually oriented business within one thousand (1,000) feet of another
sexually oriented business.
(3) A person
commits a misdemeanor if that person causes or permits the operation, establishment,
or maintenance of more than one (1) sexually oriented business in the same
building, structure, or portion thereof, or the increase of floor area of any
sexually oriented business in any building, structure, or portion thereof
containing another sexually oriented business.
(4) For the
purpose of subsection (1) of this section, measurement shall be made in a
straight line, without regard to the intervening structures or objects, from
the nearest portion of the building or structure used as the part of the
premises where a sexually oriented business is conducted, to the nearest
property line of the premises of a use listed in subsection (1). Presence of a
city, county or other political subdivision boundary shall be irrelevant for
purposes of calculating and applying the distance requirements of this section.
(5) For
purposes of subsection (2) of this section, the distance between any two (2)
sexually oriented businesses shall be measured in a straight line, without
regard to the intervening structures or objects or political boundaries, from
the closest exterior wall of the structure in which each business is located.
(6) Any
sexually oriented business lawfully operating on August 11, 1998 that is in
violation of subsections (1) through (4) of this section shall be deemed a
nonconforming use. The nonconforming use will be permitted to continue for a
period not to exceed one year, unless sooner terminated for any reason or
voluntarily discontinued for a period of thirty (30) days or more. Such
nonconforming uses shall not be increased, enlarged, extended, or altered
except that the use may be changed to a conforming use. If two (2) or more
sexually oriented businesses are within one thousand (1,000) feet of one
another and otherwise in a permissible location, the sexually oriented business
which was first established and continually operating at a particular location
is the conforming use and the later-established business(es) is/are
nonconforming.
(7) A sexually
oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, or a use listed in subsection (1) of this
section within one thousand (1,000) feet of the sexually oriented business.
This provision applies only to the renewal of a valid license, and does not
apply when an application for a license is submitted after a license has
expired or been revoked. (1989 Code, § 9-913, as replaced by Ord. #1097, July
2006)
Change 1, February 12, 2008 9-51
9-914. Hours of
operation. (1) No adult-oriented establishment shall be open between the hours
of 1:00 A.M. and 8:00 A.M. Mondays through Saturdays, and between the hours of
1:00 A.M. and 12:00 P.M. on Sundays.
(2) All
adult-oriented establishments shall be open to inspection at all
reasonable times by the Crossville Police Department, the
Cumberland County Sheriff's Department, or such other persons as the mayor and
city council may designate. (1989 Code,
§ 9-914, as replaced by Ord. #1097, July 2006)
9-915.
Responsibilities of the operator. (1) The operator shall maintain a register of
all employees and/or entertainers showing the name, and aliases used by the
employee, home address, age, birth date, sex, height, weight, color of hair and
eyes, phone numbers, social security number, date of employment and
termination, and duties of each employee and such other information as may be
required by the mayor and city council. The above information on each employee
shall be maintained in the register on the premises for a period of three (3)
years following termination.
(2) The
operator shall make the register of the employees available immediately for
inspection by police upon demand of a member of the Crossville Police
Department at all reasonable times.
(3) Every act
or omission by an employee constituting a violation of the provisions of this
chapter shall be deemed the act or omission of the operator if such act or
omission occurs either with the authorization, knowledge, or approval of the
operator, or as a result of the operator's negligent failure to supervise the
employee's conduct, and the operator shall be punishable for such act or
omission in the same manner as if the operator committed the act or caused the
omission.
(4) An operator
shall be responsible for the conduct of all employees and/or entertainers while
on the licensed premises and any act or omission of any employees and/or
entertainer constituting a violation of the provisions of this chapter shall be
deemed the act or omission of the operator for purposes of determining whether
the operator's license shall be revoked, suspended or renewed.
(5) There shall
be posted and conspicuously displayed in the common areas of each
adult-oriented establishment a list of any and all entertainment provided on
the premises. Such list shall further indicate the specific fee or charge in
dollar amounts for each entertainment listed. Viewing adult-oriented motion
pictures shall be considered as entertainment. The operator shall make the list
available immediately upon demand of the Crossville Police Department at all
reasonable times.
(6) No employee
of an adult-oriented establishment shall allow any minor to loiter around or to
frequent an adult-oriented establishment or to allow any minor to view adult
entertainment as defined herein.
(7) Every
adult-oriented establishment shall be physically arranged in such a manner that
the entire interior portion of the booths, cubicles, rooms
Change 1, February 12, 2008 9-52
or stalls, wherein adult entertainment is provided, shall be
visible from the common area of the premises. Visibility shall not be blocked
or obscured by doors, curtains, partitions, drapes, or any other obstruction
whatsoever. It shall be unlawful to install booths, cubicles, rooms or stalls
within adult-oriented establishments for whatever purpose, but especially for
the purpose of secluded viewing of adult-oriented motion pictures or other
types of adult entertainment.
(8) The
operator shall be responsible for and shall provide that any room or area used
for the purpose of viewing adult-oriented motion pictures or other types of
live adult entertainment shall be readily accessible at all times and shall be
continuously opened to view in its entirely.
(9) No
operator, entertainer, or employee of an adult-oriented establishment shall
demand or collect all or any portion of a fee for entertainment before its
completion.
(10) A sign
shall be conspicuously displayed in the common area of the premises, and shall
read as follows:
This
Adult-Oriented Establishment is regulated by the City of Crossville Municipal
Code. Entertainers are:
(a) Not permitted to engage in any type of sexual conduct;
(b) Not permitted to expose their sex organs;
(c) Not
permitted to demand or collect all or any portion of a fee for entertainment
before its completion. (1989 Code, § 9-915, as replaced by Ord. #1097, July
2006)
9-916. Prohibitions and unlawful sexual
acts. (1) No operator, entertainer, or employee of an adult-oriented
establishment shall permit to be performed, offer to perform, perform or allow
customers, employees or entertainers to perform sexual intercourse or oral or
anal copulation or other contact stimulation of the genitalia.
(2) No
operator, entertainer, or employee shall encourage or permit any person upon
the premises to touch, caress, or fondle the breasts, buttocks, anus or
genitals of any other person.
(3) No
operator, entertainer, or employee shall encourage or permit any other person
upon the premises to touch, caress, or fondle his or her breasts, buttocks,
anus or genitals of any other person.
(4) No
operator, entertainer, employee, or customer shall be unclothed or in such
attire, costume, or clothing so as to expose to view any portion of the sex
organs, breasts or buttocks of said operator, entertainer, or employee with the
intent to arouse or gratify the sexual desires of the operator, entertainer,
employee or customer.
(5) No
entertainer, employee or customer shall be permitted to have any physical
contact with any other on the premises during any performance and all
performances shall only occur upon a stage at least eighteen (18") inches
above the immediate
floor level and
removed six feet
(6') from the
nearest
Change 1, February 12, 2008 9-53
entertainer, employee and/or customer. (1989 Code, § 9-916,
as replaced by Ord. #1097, July 2006)
9-917.
Penalties and prosecution. (1) Any person, partnership, corporation, or other
business entity who is found to have violated this chapter shall be fined a
definite sum not exceeding fifty dollars ($50.00) for each violation and shall
result in the suspension or revocation of any permit or license.
(2) Each violation
of this chapter
shall be considered
a separate
offense, and any violation continuing more than one (1) hour
of time shall be considered a separate offense for each hour of violation.
(1989 Code, § 9-917, as replaced by Ord. #1097, July 2006)
9-918.
Invalidity of part. Should any court of competent jurisdiction declare any
section, clause, or provision of this chapter to be unconstitutional, such
decision shall affect only such section, clause, or provision so declared
unconstitutional, and shall not affect any other section, clause or provision
of this chapter. (1989 Code, § 9-918,
as replaced by Ord. #1097, July 2006)
9-919. et seq.
Reserved. (1989 Code,
§ 9-919, as
replaced by
Ord. #1097, July 2006)
9-54
CHAPTER 10 EPHEDRINE AND EPHEDRINE RELATED PRODUCTS
SECTION
9-1001. Sales
regulated.
9-1002. Definitions.
9-1003. Accessibility
of products.
9-1004. Exemptions.
9-1005. Employee
training.
9-1006. Registration
of purchases.
9-1007. Penalties
for failure to comply.
9-1001. Sales
regulated. No person shall sell or deliver, or attempt to sell or deliver, in
any single retail sale, a package that contains more than one hundred (100)
tablets of any product that contain any quantity of ephedrine, pseudoephedrine,
or phenylpropanolamine, or any number of packages that contain a combined total
of three (3) or more grams of ephedrine, pseudoephedrine, or
phenylpropanolamine whether as the sole active ingredient or in combination
products that have less than therapeutically significant quantities of other
active ingredients. (Ord. #1005, Sept.
2003)
9-1002.
Definitions. (3) The
use of the
terms "ephedrine,"
"pseudoephedrine" or
"phenylpropanolamine" in this chapter shall include the salts,
optical isomers, or salts of optical isomers of ephedrine, pseudoephedrine and
phenylpropanolamine.
(4) The use of
the term "retail establishment" in this chapter shall include any
business entity and individual person who sells, offers for sale, or attempts
to sell any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine at retail.
(5) The use of
the term "consumer accessible shelving" in this chapter shall mean
any area of a retail establishment other than a product display area behind a
counter where the public is not permitted, or within a locked display case or
within six (6) feet of a register located on a checkout counter. (Ord. #1005,
Sept. 2003)
9-1003.
Accessibility of products. All packages of any product containing ephedrine,
pseudoephedrine or phenylpropanolamine, whether as the sole active ingredient
or in combination products that have less than therapeutically significant
quantities of other active ingredients, shall not be displayed and offered for
sale in any retail establishment on consumer-accessible shelving. (Ord. #1005, Sept. 2003)
9-1004.
Exemptions. This chapter shall
not apply as follows:
9-55
(1) To any
product labeled pursuant to federal regulations for use only in children under
twelve (12) years of age;
(2) To any
products that the state department of health, upon application of a
manufacturer, determines has been formulated in such a way as to effectively
prevent its use in the illicit manufacture of methamphetamine;
(3) To any
animal feed products containing ephedrine, or naturally occurring or herbal
ephedra or extract of ephedra, pseudoephedrine, or phenylpropanolamine; and
(4) To the sale
or delivery of any product containing ephedrine, pseudoephedrine, or
phenylpropanolamine pursuant to the lawful prescription of a person authorized
by state law to prescribe such producs. (Ord. #1005, Sept. 2003)
9-1005.
Employee training. Any person who is considered the general owner or operator
of a retail establishment where products containing ephedrine, pseudoephedrine,
or phenylpropanolamine are available for sale who violates §§ 9-1001 or 9-1002
of this chapter shall not be penalized pursuant to this chapter if such person
documents that an employee training program was in place to provide the
employees with information on the local, state, and federal regulations
regarding ephedrine, pseudoephedrine and phenylpropanolamine, and that the
employees had completed the training program.
(Ord. #1005, Sept. 2003)
9-1006.
Registration of purchases. (1) Any retail establishment that sells or delivers,
or attempts to sell or deliver, to a person any product containing ephedrine,
pseudoephedrine, or phenylpropanolamine whether as the sole active ingredient
or in combination products that have less than therapeutically significant
quantities of other active ingredients, shall require such person to show
proper identification and to sign a register.
(2) The register described in subsection (1) shall
be created by any
retail establishment that sells a product or products
described in subsection (1)
and shall require at least the following information:
(a) The specific
quantity of ephedrine,
pseudoephedrine or
phenylpropanolamine purchased;
(b) The signature of the purchaser;
(c) The name
and residential or
mailing address of
the purchaser; other than a post office box number;
(d) The number
of the purchaser's
motor vehicle operator's license or other proper
identification at the time of the purchase;
(e) The date of such purchase; and
(f) The
signature of an employee of the retail establishment as witness to the purchase
and identification of the purchaser.
(3) The retail establishment shall retain each
original register for
three (3) years in a readily presentable and readable
manner, and present the
9-56
register upon demand
by any law
enforcement officer or
authorized representative of the district attorney general's office.
(4) As used in
this section, "proper identification" means a valid motor vehicle
operator's license or other official and valid state-issued identification of
the purchaser that contains a photograph of the purchaser.
(5) This
section shall not apply to the sale or delivery of any product containing
ephedrine, pseudoephedrine, or phenylpropanolamine by a licensed pharmacy upon
a pharmacist making a good faith determination that the purchase of the product
is for a legitimate medical purpose. (Ord. #1005, Sept. 2003)
9-1007.
Penalties for failure to comply. The violation of any part of this chapter is
hereby declared to be a misdemeanor and upon conviction of any person for such
violation, he, she, or they are to be fined according to the general penalty
provision of this code of ordinances. Each subsequent day that any violation continues
unabated shall constitute a separate offense. (Ord. #1005, Sept. 2003)
9-57
CHAPTER 11 CABLE TELEVISION
SECTION
9-1101. To be
furnished under franchise.
9-1101. To be
furnished under franchise. Cable television shall be furnished to the City of
Crossville and its inhabitants under franchises granted by the City Council of
the City of Crossville, Tennessee. The rights, powers, duties and obligations
of the City of Crossville and its inhabitants are clearly stated in the
franchise agreements executed by, and which shall be binding upon
the parties concerned.1
1For complete
details relating to the cable television franchise agreements see ordinance
#1045 dated October 2004, ordinance #1066 dated August 2005, and ordinance
#1067 dated August 2005 in the office of the city clerk.
10-1
TITLE 10 ANIMAL CONTROL
CHAPTER
1. IN GENERAL.
2. DOGS.
CHAPTER 1
IN GENERAL1
SECTION
10-101. Animal
control officer.
10-102. Reptiles
and wild animals.
10-103. Running
at large prohibited.
10-104. Keeping
near a residence or business restricted.
10-105. Pen
or enclosure to be kept clean.
10-106. Adequate
food, water, and shelter, etc., to be provided.
10-107. Keeping
in such manner as to become a nuisance prohibited.
10-108. Cruel
treatment prohibited.
10-109. Seizure
and disposition of animals.
10-110. Rescuing
impounded animals.
10-111. Inspections
of premises.
10-101. Animal
control officer. There has been heretofore established and hereby remains in
full force and effect the office of animal control officer. The duties of the
animal control officer shall be to administer and enforce the provisions of
this title. (1989 Code, § 10-101)
10-102.
Reptiles and wild animals. It shall be unlawful for any person to keep or
maintain any poisonous reptiles or dangerous carnivorous wild animals without
first having registered such reptiles or animals with the director of health.
Such reptiles and animals shall be securely housed and enclosed so as not to do
any injury to or annoy any person. (1989 Code, § 10-102)
1Municipal code reference
Animals and vehicles prohibited on sidewalks: § 16-112.
10-2
10-103. Running
at large prohibited.1 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. (1989 Code, § 10-103)
10-104. Keeping
near a residence or business restricted. No person shall keep any animal or
fowl enumerated in the preceding section within one thousand (1,000) feet of
any residence (other than owner's), place of business, or public street, as
measured in a straight line from the nearest points on property lines, without
a permit from the animal control officer. The animal control 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. (1989 Code, § 10-104)
10-105. 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. (1989 Code, § 10-105)
10-106.
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, 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. (1989 Code, § 10-106)
10-107. 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 either
noise, odor, contagious disease, or other reason. (1989 Code, § 10-107)
10-108. Cruel
treatment prohibited. It shall be unlawful for any person to beat or otherwise
abuse or injure any dumb animal or fowl. (1989 Code, § 10-108)
1Municipal code reference
Dogs: title 10, chapter 2.
10-3
10-109. Seizure
and disposition of animals.1 Any animal or fowl found running at large or
otherwise being kept in violation of this chapter may be seized by the animal
control officer or by any police officer and confined in a shelter provided or
designated by the city council. The impounded animal or fowl must be claimed
within five (5) days at the shelter or the same will be humanely destroyed or
put up for adoption. (1989 Code, §
10-109)
10-110.
Rescuing impounded animals. It shall be unlawful for any person to rescue or
attempt to rescue any animal which has been impounded or which is in the
possession of an officer, agent, or official of the city. (1989 Code, § 10-111)
10-111.
Inspections of premises. For the
purpose of making
inspections to insure compliance with the provisions of this
title, the animal control officer, or his or her 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. (1989 Code, § 10-113)
1Municipal code
Rabid animals: § 10-209.
10-4
CHAPTER 2 DOGS
SECTION
10-201. Vaccination
required.
10-202. Running
at large prohibited.
10-203. Vicious
dogs to be securely restrained.
10-204. Noisy
dogs prohibited.
10-205. Confinement
of dogs or any other animal suspected of being rabid.
10-206. Seizure
and disposition of dogs.
10-201.
Vaccination required. It is unlawful for any person to own, keep or harbor any
dog which has not been vaccinated against rabies. All vaccinations shall be
administered by or under the supervision of a veterinarian licensed by the
state board of veterinary medical examiners to practice veterinary medicine in
the State of Tennessee.
Evidence of
such vaccination shall consist of a certificate bearing the owner's name and
address, number of the vaccination tag issued, date of vaccination, date the
dog shall be revaccinated, description and sex of the dog vaccinated, type and
lot number of vaccine administered and the signature of the person
administering the vaccine.
However, in
lieu of these requirements, documentary proof that a rabies vaccination has
been given in another governmental jurisdiction within the past twelve (12)
calendar months may be used. (1989
Code, § 10-202, modified)
10-202. Running
at large prohibited.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. (1989 Code, § 10-206)
10-203. 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.
(1989 Code, § 10-207)
10-204. 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. (1989 Code,
§ 10-208)
10-205.
Confinement of dogs or any other animal suspected of being rabid. It shall be unlawful for any person except
the shelter operator or
1State law reference
Tennessee Code Annotated, § 44-8-408.
10-5
a licensed veterinarian to destroy or dispose of any dog or
other animal which has bitten or is suspected of having bitten any person or
any other animal within a period of ten (10) days after such alleged incident. When
any dog or other animal has bitten or is suspected of having bitten any person
or any other animal within the corporate limits, such dog or other animal, when
identified, shall be impounded and quarantined at the shelter by the animal
control officer or his or her assistant; or upon the request of the owner of
such dog or other animal, it shall be impounded under the jurisdiction and
observation of a licensed veterinarian for a reasonable time to determine
whether the dog or other animal has rabies. Any expenses incurred for such
impounding or veterinarian services shall be paid by the owner of such animal
impounded. (1989 Code, § 10-209)
10-206. Seizure
and disposition of dogs. Any dog found running at large may be seized by the
animal control officer or any police officer and placed in a shelter provided
by the city council. If the 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 ten (10) days and redeem his dog by paying a shelter
fee, or the dog will be humanely destroyed or offered for adoption. If the dog
is not wearing a tag it shall be humanely destroyed or sold unless legally
claimed by the owner within ten (10) days. No dog shall be released in any
event from the shelter unless or until such dog has been vaccinated and 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 animal
control officer or any police officer.1 (1989 Code, § 10-210)
1State law reference
Tennessee Supreme Court case upholding the summary
destruction of dogs pursuant to appropriate legislation: Darnell v. Shapard,
156 Tenn. 544, 3 S.W.2d 661 (1927).
11-1
TITLE 11
MUNICIPAL OFFENSES1
CHAPTER
1. ALCOHOL.
2. OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT.
3. OFFENSES AGAINST PROPERTY.
4. OFFENSES AGAINST THE PEACE AND QUIET.
5. FORTUNE TELLING, ETC.
6. FIREARMS, WEAPONS AND MISSILES.
7. MISCELLANEOUS.
8. SMOKE-FREE WORK ENVIRONMENT.
CHAPTER 1
ALCOHOL2
SECTION
11-101. Drinking
beer, etc., on streets and in public places. 11-102. Minors in beer places.
11-101.
Drinking beer, etc., on streets and in public places. 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 the place has a beer permit and license
for on premises consumption. (1989 Code, § 11-202)
1Municipal code references
Animals control:
title 10.
Civil Rights Policy Statement: title 20, chapter 5.
Housing and utilities:
title 12.
Fireworks: title 7.
Meadow Park Lake:
title 20, chapter 2.
Property maintenance:
title 13.
Traffic offenses:
title 15.
Streets and sidewalks (non-traffic): title 16.
2Municipal code references
Alcoholic beverages:
title 8, chapter 1. Beer: title
8, chapter 2.
11-2
11-102. Minors
in beer places. No minor under eighteen (18) years of age shall work in any
place where beer is sold at retail for consumption on the premises. No minor
under twenty-one (21) years of age shall loiter in or around any place where
beer is sold at retail for consumption on the premises. (1989 Code, § 11-203,
modified)
11-3
CHAPTER 2 OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT
SECTION
11-201.
Impersonating a government officer or employee.
11-202. False
emergency alarms.
11-203. Obtaining a
license, privilege, or permit by fraud.
11-201.
Impersonating a government officer or employee. No person other than an
official police officer of the city 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 city. Furthermore, no person shall deceitfully
impersonate or represent that he is any government officer or employee. (1989
Code, § 11-302)
11-202. 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 act. (1989 Code, §
11-304)
11-203.
Obtaining a license, privilege, or permit by fraud. (1) It is hereby declared
to be unlawful for any person, partnership, corporation, association or any
other entity or business to obtain, aid in obtaining, or attempt, in any way,
to obtain a license, permit or privilege of any kind from the City of
Crossville, Tennessee, or its employees or officers by or through the use of,
or attempted use of, any false representation, false statements or any type of
misrepresentation whatsoever.
(2) Any license,
permit, or privilege
obtained by use
of any means
listed in this section will be a void license, permit, or
privilege and considered as never having been issued and the holder thereof
considered as not having any license, permit, or privilege. (1989 Code, § 11-305)
11-4
CHAPTER 3 OFFENSES AGAINST PROPERTY
SECTION
11-301.
Trespassing.
11-301. 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 to promptly
leave the private premises of any person who requests or directs
him to leave.2
(6) Trespassing
on cemetery. (a) It shall be unlawful for any
person or persons to trespass in, on, over and across the
cemetery owned
1State law reference
Subsections (1) through (4) of this section were taken
substantially from Tennessee Code Annotated, § 39-3-1201, et seq.
2Municipal code reference
Provisions governing peddlers and solicitors, etc.: title 9, chapters 1 and 2.
11-5
and operated by the City of Crossville, in the City of
Crossville, Tennessee, by making a passage way and/or using said cemetery
ground as a short-cut in going to and from points of destination.
(b) It shall be
unlawful for any person or persons to dump trash
and garbage on said cemetery grounds and/or to use said
cemetery grounds as a dumping ground for trash and garbage. (1989 Code, §
11-401, modified)
11-6
CHAPTER 4 OFFENSES AGAINST THE PEACE AND QUIET
SECTION
11-401. Disturbing the
peace. 11-402. Anti-noise regulations.
11-401.
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. (1989 Code, §
11-501)
11-402.
Anti-noise regulations.1 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 other device on any automobile, motorcycle,
bus, truck, or 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 any person in any
1Municipal code reference
Causing unnecessary noise: § 15-119.
11-7
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, whistling, or singing on the public streets,
particularly between the hours of 11:00 P.M. and 7:00 A.M., or at any time or
place so as to annoy or disturb the quiet, comfort, or repose of any 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 city 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 hour 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
11-8
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.
(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.
(2) Exceptions. None of the terms or prohibitions hereof
shall apply
to or be enforced against:
(a) City
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 city
council. Hours for the use of an amplified or public address system will be
designated in the permit so issued and the use of such systems shall be
restricted to the hours so designated in the permit. (1989 Code, § 11-502)
11-9
CHAPTER 5 FORTUNE TELLING ETC.
SECTION
11-501. Fortune
telling, etc.
11-501. 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,
phreneologist, or other mystic endowed with supernatural powers. (1989 Code, §
11-605)
11-10
CHAPTER 6 FIREARMS, WEAPONS AND MISSILES
SECTION
11-601. Air riles,
etc. 11-602. Throwing missiles.
11-603. Discharge of firearms.
11-601. 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. (1989 Code, § 11-601)
11-602.
Throwing missiles. It shall be unlawful for any person maliciously to 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. (1989 Code, § 1-602)
11-603.
Discharge of firearms. It shall
be unlawful for
any
unauthorized person to discharge a firearm within the
corporate limits. (1989 Code, § 11-603)
11-11
CHAPTER 7 MISCELLANEOUS
SECTION
11-701. Abandoned
refrigerators, etc. 11-702. Caves,
wells, cisterns, etc. 11-703.
Circulation of unsigned material. 11-704. Interference with traffic. 11-705. Posting notices, etc.
11-701.
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. (1989
Code, § 11-606)
11-702. 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. (1989
Code, § 11-607)
11-703.
Circulation of unsigned material. (1) It shall be unlawful for any person,
organization or corporation, or other entity, to circulate or cause to be
circulated, or to aid in any way the circulation of, or to attempt to circulate
in said city, any unsigned printed, typed, reproduced, mimeographed, written,
or other papers or materials containing print, type, reproduction,
mimeographed, written, or other reading matter, excepting for the circulation
of the regular newspapers in their routine business in publishing and
circulating their papers.
(2) All written
or printed circulars, advertisements or other statements with reference to any
person who is a candidate for any public office in this city or with reference
to any election in said city for any purpose, shall be signed by the writer
thereof, or, if the same purport to be issued by any committee, or organization
or other similar associations, the same shall be signed with the names of the
principal officer of such association.
(3)
"Unsigned" means any such papers or matters as are described in
section one thereof which do not contain the genuine signature of the person,
or the principal of any organization causing same to be produced or reproduced
or having same produced or reproduced.
(4) The
possession in said city of more than three (3) of any such unsigned printed,
typed, reproduced, mimeographed, written or other paper or materials containing
such as described in this section, excepting the circulation
11-12
of a regular
newspaper, will be
prima facie evidence
that there has
been a circulation of such in
violation of this section. (1989 Code, § 11-608)
11-704.
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. (1989 Code, § 11-609)
11-705. Posting
notices, etc. No person shall fasten, in any way, any show-card, poster, or
other advertising device upon any public or private property unless legally
authorized to do so. (1989 Code, §
11-610)
11-13
CHAPTER 8 SMOKE-FREE WORK ENVIRONMENT
SECTION
11-801. Purpose
and findings.
11-802. Definitions.
11-803. Prohibition
of smoking in city buildings.
11-804. Regulation
of smoking in city buildings.
11-805. Penalties.
11-806. Nonretaliation.
11-801. Purpose and findings. The city council
of the City of Crossville, Tennessee, does hereby find that:
(1) In
December, 1986, the United States Surgeon General produced evidence supporting
the fact that passive smoke increases the non-smokers' risk of developing
diseases related to cigarette smoke.
(2) The New
Jersey Supreme Court held in 1986 that it is the employer's responsibility to
provide a healthy environment and the non-smoker has the right to work in a
healthy environment.
(3) Statistics
suggest that cities spend about four thousand and six hundred dollars ($4,600)
more a year to keep a smoker on the payroll than a non-smoker. This estimate
includes lost productivity; damages from cigarette burns; accidents resulting from
loss of attention, eye irritation, or coughing; lost time due to increased
chances of illness and early death; medical care; absenteeism; and increased
fire insurance. (1989 Code, § 11-701)
11-802.
Definitions. The following words and phrases, whenever used in this chapter,
shall be construed as hereafter set out, unless it is apparent from the context
that they have a different meaning.
(1) "City" means the City of Crossville,
Tennessee;
(2) "City
council" means the city council of the City of Crossville, Tennessee;
(3)
"Person" means any individual person, firm, partnership, association,
corporation, company, organization, or legal entity of any kind;
(4) "City
buildings" means all buildings owned and/or operated by the city.
(5)
"Employer" means any person who employs the services of an individual
person;
(6)
"Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit;
11-14
(7) "Smoking" means
and includes inhaling,
exhaling, burning or
carrying any lighted smoking equipment for tobacco or any
other weed or plant. (1989 Code, § 11-702, modified)
11-803.
Prohibition of smoking in city buildings. No person, including any member of
the public or employee of the city, shall be permitted to smoke in any
city-owned or operated building. Employees will step out of the building to
smoke. Future building additions may provide a properly ventilated room for
smoking at the discretion of the city council. (1989 Code, § 11-703)
11-804.
Regulation of smoking in city buildings. Violations to this policy will be
reported to the city manager or appropriate department head. All violations by
employees will be recorded in an employee's personnel record and will include
the name of those reporting the violation. After five (5) violations in one (1)
month or ten (10) in one (1) year, the matter will be brought before the
personnel board. (1989 Code, § 11-704)
11-805.
Penalties. (1) The personnel board may recommend dismissal or other appropriate
disciplinary action for any employee brought before it.
(2) Employees
and non-employees will be asked to cease smoking. If
they fail to heed the request, they will be issued a citation.
The charge may be disposed of by the payment of a fine of five dollars ($5.00)
within ten (10) days of the violation provided he waives his right to a
judicial hearing. If no fine is paid, the violation is deemed a misdemeanor and
subject to further action through city court.
(1989 Code, § 11-705)
11-806.
Nonretaliation. No person or employer shall discharge, refuse to hire, or in
any manner, retaliate against any employee or applicant for employment because
such employee or applicant exercises any rights afforded by this chapter. (1989 Code, § 11-706)
12-1
TITLE 12 BUILDING, UTILITY, ETC. CODES1
CHAPTER
1. BUILDING CODE.
2. RESIDENTIAL CODE.
3. EXISTING BUILDING CODE.
4. PROPERTY MAINTENANCE CODE.
5. ACCESSIBILITY CODE.
6. PLUMBING CODE.
7. ENERGY CONSERVATION CODE.
CHAPTER 1 BUILDING CODE
SECTION
12-101.
International building code adopted.
12-102.
Modifications.
12-103. Available
in clerk’s office.
12-104. Building
permits.
12-105. Violations
and penalty.
12-101. International
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 International Building
Code, 2003 edition, as prepared and adopted by the International Code Council,
is hereby adopted and incorporated by reference as a part
of this code,
and is hereinafter referred
to as the
building code.
1Municipal code references
Fair housing: title
9, chapter 6.
Fire protection and fireworks: title 7.
Floodplains: title
14.
Mobile homes and mobile home parks: title 14.
Property maintenance regulations: title 13.
Streets and sidewalks:
title 16.
Water and sewers:
title 18.
Zoning and land use control: title 14.
12-2
Exception: Any and all projects requiring review, approval
and/or inspection by the Tennessee State Fire Marshal’s Office to which the
1999 SBCCI Standard Fire Code shall apply.
12-102.
Modifications. Whenever in the international building code when reference is
made to the duties of a certain official named therein, that designated
official of the City of Crossville who has duties corresponding to those of the
named official in said code shall be deemed to be the responsible official
insofar as enforcing the provisions of the international building code are
concerned.
12-103.
Available in clerk’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 clerk’s office and shall be kept there for the use and inspection
of the public.
12-104.
Building permits. In addition to the various rules and regulations governing
the issuance of building permits as outlined in the International Building Code
adopted herein, a separate building permit shall be required of each structure
to be constructed. This shall pertain to adjacent structures in a shopping
center, separate apartment buildings on same site, additions to existing
structures, etc. If any permits exist at the time this chapter becomes
effective that were purchased for multi-structure construction, a portion of
which is still unused, the unused portion shall be refunded and additional
permits secured as each structure is constructed. (1989 Code, § 12-104,
modified)
12-105.
Violations and penalty. 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. The violation of any section of this chapter shall be
punishable by a penalty under the general penalty provision of this code. Each
day a violation is allowed to continue shall constitute a separate offense.
12-3
CHAPTER 2 RESIDENTIAL CODE
SECTION
12-201.
International residential code adopted. 12-202. Available in recorder's office.
12-203. Violations and penalty.
12-201.
International residential code
adopted. Pursuant to
authority granted by Tennessee Code Annotated, §§ 6-54-501
through 6-54-506, and for the purpose of providing building, plumbing,
mechanical and electrical provisions, the International Residential Code,1 2003
edition, as prepared and adopted by the International Code Council, is hereby
adopted and incorporated by reference as a part of this code, and is
hereinafter referred to as the residential code.
12-202.
Available in clerk’s office. Pursuant to the requirements of the Tennessee Code
Annotated, § 6-54-502, one (1) copy of the residential code has been placed on
file in the city clerk’s office and shall be kept there for the use and
inspection of the public.
12-203.
Violations and penalty. It shall be unlawful for any person to violate or fail
to comply with any provision of the residential code as herein adopted by
reference and modified. The violation of any section of this chapter shall be
punishable by a penalty under the general penalty provision of this code. Each
day a violation is allowed to continue shall constitute a separate offense.
1Copies of
this code (and any amendments) may be purchased from the International Code
Council, 900 Montclair Road, Birmingham, Alabama 35213.
12-4
CHAPTER 3 EXISTING BUILDING CODE1
SECTION
12-301.
International existing building code adopted.
12-302.
Modifications.
12-303. Available
in clerks' office.
12-304. Violations.
12-301.
International existing 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 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 International Existing
Building Code2, 2003 edition, as prepared and adopted by the International Code
Council, is hereby adopted and incorporated by reference as a part of this
code, and is hereinafter referred to as the existing building code. (1989 Code, § 12-201, modified)
12-302.
Modifications. Definitions. Whenever the existing building code refers to the
duties of certain officials named therein, the designated official of the city
who has the duties corresponding to those of the named official in the code
shall be declared to be the responsible official insofar as enforcing the
provisions of the existing building code.
(1989 Code, § 12-202)
12-303.
Available in clerk's office. Pursuant to the requirements of the Tennessee Code
Annotated, § 6-54-502 one (1) copy of the existing building code has been
placed on file in the clerk's office and shall be kept there for the use and
inspection of the public. (1989 Code,
§ 12-203)
12-304.
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. (1989 Code, § 12-204)
1Municipal 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.
2Copies of
this code (and any amendments) may be purchased from the International Code
Council, 900 Montclair Road, Birmingham, Alabama 35213.
12-5
CHAPTER 4 PROPERTY MAINTENANCE CODE
SECTION
12-401.
International property maintenance code adopted.
12-402.
Modifications.
12-403. Available
in recorder's office.
12-404. Violations
and penalty.
12-401.
International property maintenance code
adopted. Pursuant to authority granted by Tennessee Code
Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of providing
minimum requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from
the elements, life safety, safety from fire and other hazards, and for safe and
sanitary maintenance, the International Property Maintenance Code,1 2003
edition, as prepared and adopted by the International Code Council, is hereby
adopted and incorporated by reference as a part of this code, and is
hereinafter referred to as the international property maintenance code.
12-402.
Modifications. Whenever in the international property maintenance code when
reference is made to the duties of a certain official named therein, that
designated official of the City of Crossville who has duties corresponding to
those of the named official in said code shall be deemed to be the responsible
official insofar as enforcing the provisions of the international property
maintenance code are concerned.
12-403.
Available in clerk’s office. Pursuant to the requirements of the Tennessee Code
Annotated, § 6-54-502, one (1) copy of the international property maintenance
code has been placed on file in the city clerk’s office and shall be kept there
for the use and inspection of the public.
12-404.
Violations and penalty. It shall be unlawful for any person to violate or fail
to comply with any provision of the international property maintenance code as
herein adopted by reference and modified. The violation of any section of this
chapter shall be punishable by a penalty under the general penalty provision of
this code. Each day a violation is allowed to continue shall constitute a separate
offense.
1Copies of
this code (and any amendments) may be purchased from the International Code
Council, 900 Montclair Road, Birmingham, Alabama 35213.
12-6
CHAPTER 5 ACCESSIBILITY CODE
SECTION
12-501.
Accessibility code adopted. 12-502. Available in clerk’s office.
12-501.
Accessibility code adopted. Pursuant to authority granted by Tennessee Code
Annotated, §§ 6-54-501 through 6-54-506, and for the purpose of regulating the
design and construction of public buildings to make them usable and accessible
to persons with disabilities, the North Carolina State Building Code, Volume
I-C: Making Buildings and Facilities Accessible To, And Usable By, Persons With
Disabilities1, 2002 edition with 2004 amendments, is hereby adopted and incorporated
by reference as a part of this code, and is hereinafter referred to as the
accessibility code.
12-502.
Available in clerk’s office. Pursuant to the requirements of the Tennessee Code
Annotated, § 6-54-502, one (1) copy of the accessibility code has been placed
on file in the city clerk’s office and shall be kept there for the use and
inspection of the public.
1Copies of
this code (and any amendments) may be purchased from the North Carolina
Building Code Council and North Carolina Department of Insurance, Post Office
Box 26387, Raleigh, NC 27611
State law reference
Tennessee
Public Buildings Accessibility Act, Tennessee Code Annotated, § 68-120-201, et
seq.
12-7
CHAPTER 6 PLUMBING CODE
SECTION
12-601.
International plumbing code adopted.
12-602.
Modifications.
12-603. Available
in clerk's office.
12-604. Plumbing
permits.
12-605. Violations.
12-601.
International plumbing code
adopted. Pursuant to
authority granted by Tennessee Code Annotated, §§ 6-54-501
through 6-54-506 and for the purpose of regulating and controlling the design,
construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use or maintenance of plumbing
systems in the City of Crossville, the International Plumbing Code, 2003
edition, published by the International Code Council, is hereby adopted and
incorporated by reference as a part of this code, and is hereinafter referred
to as the plumbing code. (1989 Code, §
12-501, modified)
12-602.
Modifications. Whenever the plumbing code refers to the duties of certain
officials named therein, the designated official who has duties corresponding
to those of the named official in the code shall be deemed to be the
responsible official insofar as enforcing the provisions of the plumbing code
are concerned. (1989 Code, § 12-502)
12-603.
Available in clerk's office. Pursuant to the requirements of Tennessee Code
Annotated, § 6-54-502, one (1) copy of the plumbing code has been placed on
file in the clerk's office and shall be kept there for the use and inspection
of the public. (1989 Code, § 12-503)
12-604.
Plumbing permits. In addition to the various rules and regulations governing
the issuance of plumbing permits as outlined in the International Plumbing Code
adopted herein, a separate plumbing permit shall be required to erect, install,
enlarge, alter, repair, remove, convert or replace any plumbing system. (1989 Code, § 12-504)
12-605.
Violations. It shall be unlawful for any person to violate or fail to comply
with any provisions of the plumbing code as herein adopted by reference and
modified. (1989 Code, § 12-505)
12-8
CHAPTER 7 ENERGY CONSERVATION CODE
SECTION
12-701.
International energy conservation code adopted. 12-702. Available in recorder's office.
12-703. Violations and penalty.
12-701. International energy conservation
code adopted. Pursuant to authority granted by Tennessee Code Annotated, §§
6-54-501 through 6-54-506, and for the purpose of regulating the design of
buildings for adequate thermal resistance and low air leakage and the design
and selection of mechanical, electrical, water-heating and illumination systems
and equipment which will enable the effective use of energy in new building
construction, the International Energy Conservation Code1 2000 edition with 2002
amendments, as prepared and maintained by the International Code Council, is
hereby adopted and incorporated by reference as a part of this code, and is
hereinafter referred to as the energy conservation code.
12-702.
Available in clerk’s office. Pursuant to the requirements of the Tennessee Code
Annotated, § 6-54-502, one (1) copy of the energy conservation code has been
placed on file in the city clerk’s office and shall be kept there for the use
and inspection of the public.
12-703. Violations
and penalty. It shall be a civil offense for any person to violate or fail to
comply with any provision of the energy conservation code as herein adopted by
reference and modified. The violation of any section of this chapter shall be
punishable by a penalty under the general penalty provision of this code. Each
day a violation is allowed to continue shall constitute a separate offense.
1Copies of
this code (and any amendments) may be purchased from the International Code
Council, 900 Montclair Road, Birmingham, Alabama 35213.
13-1
TITLE 13 PROPERTY MAINTENANCE REGULATIONS1
CHAPTER
1. MISCELLANEOUS.
2. SLUM CLEARANCE.
3. JUNKYARDS.
4. ABANDONED OR INOPERABLE VEHICLES.
5. GRADING, FILLING, AND EXCAVATING.
6. NUISANCES.
CHAPTER 1 MISCELLANEOUS
SECTION
13-101. Smoke,
soot, cinders, etc.
13-102. Stagnant
water.
13-103. Weeds
and grass.
13-104. Overgrown
and dirty lots.
13-105. Dead
animals.
13-106. Health
and sanitation nuisances.
13-107. Interference
with flow of water or other liquid.
13-108. Violations
and penalties.
13-109. Former
building sites.
13-110. Unhabitable
structures.
13-101. 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. (1989
Code, § 13-101)
13-102. Stagnant
water. It shall be unlawful for any person to knowingly allow any
pool of stagnant water to
accumulate and stand on his
1Municipal code references
Animals and control:
title 10. Littering streets, etc.: § 16-107. Slum clearance: this title, chapter 2. Wastewater
treatment: title 18, chapter 2.
13-2
property
without treating it
so as to
effectively prevent the
breeding of mosquitoes. (1989 Code, § 13-102)
13-103. Weeds
and grass. 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 within thirty (30) days of an
order by the city manager or chief of police to cut such vegetation when it has
reached a height of over two (2) feet. (1989 Code, § 13-103)
13-104.
Overgrown and dirty lots.1 (1) Prohibition. Pursuant to the authority granted
to municipalities under Tennessee Code Annotated, § 6-54-113, it shall be unlawful
for any owner of record of real property to create, maintain, or permit to be
maintained on such property the growth of trees, vines, grass, underbrush
and/or the accumulation of debris, trash, litter, or garbage or any combination
of the preceding elements so as to endanger the health, safety, or welfare of
other citizens or to encourage the infestation of rats and other harmful
animals.
(2) Limitation
on application. The provisions of this section shall not apply to any parcel of
property upon which an owner-occupied residence is located.
(3) Designation
of public officer or department. Each council member shall appoint one citizen
to serve on the "Crossville Beautification Committee". They shall be
compensated at the rate of fifteen dollars ($15.00) per meeting attended, not
to exceed one (1) per month. Terms of the committee shall run concurrently with
the term of the city council. This committee shall draw up recommended
guidelines for property evaluation, warnings of problems, and recommendations
to the city manager for the issuance of fines or legal action to enforce the
provisions of this section.
(4) Notice to
property owner. It shall be the duty of the department or person designated by
the city council to enforce this section to serve notice upon the owner of
record in violation of subsection (1) above, a notice in plain language to
remedy the condition within thirty (30) days (or forty-five (45) days if the
owner of record is a carrier engaged in the transportation of property or is a
utility transmitting communications, electricity, gas, liquids, steam, sewage,
or other materials), excluding Saturdays, Sundays, and legal holidays. The
notice shall be sent by registered or certified United States Mail, addressed
to the last known address of the owner of record. The notice shall state that
the owner of the property is entitled to a hearing, and shall, at the minimum,
contain the following additional information:
1Municipal code reference
Slum clearance:
title 13, chapter 2.
13-3
(a) A brief
statement that the owner is in violation of § 13-104 of the Crossville
Municipal Code, which has been enacted under the authority of Chapter 564 of
the Public Acts of 1988, and that the property of such owner may be cleaned-up
at the expense of the owner and a lien placed against the property to secure
the cost of the clean-up.
(b) The person,
office, address, and telephone number of the department or person giving the
notice;
(c) A cost
estimate for remedying the noted condition, which shall be in conformity with
the standards of cost in the town; and
(d) A place
wherein the notified party may return a copy of the notice, indicating the
desire for a hearing.
(5) Clean-up at
property owners' expense. If the property owner of record fails or refuses to
remedy the condition within thirty (30) days after receiving the notice
(forty-five (45) days if the owner is a carrier engaged in the transportation
of property or is a utility transmitting communications, electricity, gas,
liquids, steam, sewage, or other materials), the department or person
designated by the city council to enforce the provisions of this section shall
immediately cause the condition to be remedied or removed at a cost in
conformity with reasonable standards, and the cost thereof shall be assessed
against the owner of the property. The cost shall be a lien upon the property
in favor of the town, which costs shall be placed upon the tax rolls of the
town as a lien upon the property, and shall be collected in the same manner as
the town's taxes are collected.
(6) Appeal. The
owner of record who is aggrieved by the determination and order of the public
officer may appeal the determination and order to the city council. The appeal
shall be filed with the city clerk within ten (10) days following the receipt
of the notice issued pursuant to subsection (4) above. The failure to appeal
within this time shall, without exception, constitute a waiver of the right to
a hearing.
(7) Judicial
review. Any person aggrieved by an order or act of the public officer or of the
city council under this section may seek judicial review of the order or act.
The time period established in subsection (4) above shall be stayed during the
pendency of judicial review.
(8)
Supplemental nature of this section. The provisions of this section are in
addition and supplemental to, and not in substitution for, any other provision
in the municipal charter, this municipal code of ordinances or other applicable
law which permits the city to proceed against an owner, tenant or occupant of
property who has created, maintained, or permitted to be maintained on such
property the growth of trees, vines, grass, weeds, underbrush and/or the
accumulation of debris, trash, litter, or garbage or any combination of the
preceding elements. (1989 Code, §
13-104)
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
13-4
the chief of police and dispose of such animal in such
manner as the chief of police shall direct.
(1989 Code, § 13-105)
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. (1989 Code, § 13-106)
13-107.
Interference with flow of water or other liquid.1 It shall be unlawful for any
person, firm, or corporation to obstruct or to interfere in any way with the
free flow of water or any other liquid through any ditch, storm sewer, or
sanitary sewer within the corporate limits.
It shall be
unlawful for any person, firm, or corporation to divert, cause to be diverted,
or to interfere in any way with the free flow of surface or underground water
or other liquid to or from private or public land within the corporate limits
without written permission of the land owner or owners involved. (1989 Code, § 13-107)
13-108.
Violations and penalties. Violations of this chapter shall be punished in
accordance with the general penalty provision of this municipal code of
ordinances, except that violations of § 13-104 shall be handled in accordance
with the provisions prescribed in that section. (1989 Code, § 13-108)
13-109. Former
building sites. It shall be unlawful for any property owner to fail to clean-up
or permit any building materials or related debris to remain on any former
building site more than thirty (30) days after the removal of any structure
from the site. (1989 Code, § 13-109)
13-110.
Unhabitable structures. It shall be unlawful for any property owner to allow
any structure to remain on the property which has been in an uninhabitable or
dangerous condition for more than six (6) months. (1989 Code, § 13-110)
1Municipal code references
Provisions governing obstruction of ditches along public
right-of-way: § 16-108.
13-5
CHAPTER 2
SLUM CLEARANCE1
SECTION
13-201. Findings
of board.
13-202. Definitions.
13-203. "Public
officer" designated; powers.
13-204. Initiation
of proceedings; hearings.
13-205. Orders
to owners of unfit structures.
13-206. When
public officer may repair, etc.
13-207. When
public officer may remove or demolish.
13-208. Lien for
expenses; sale of
salvage materials; other
powers not
limited.
13-209. Basis
for a finding of unfitness.
13-210. Service
of complaints or orders.
13-211. Enjoining
enforcement of order.
13-212. Additional
powers of public officer.
13-213. Powers
conferred are supplemental.
13-214. Structures
unfit for human occupation or use deemed unlawful.
13-201.
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 structures unsafe or
insanitary, or dangerous or detrimental to the health, safety and morals, or
otherwise inimical to the welfare of the residents of the city and, therefore,
ordains as follows. (1989 Code, §
13-201, as amended by Ord. #1013, Nov. 2003)
13-202.
Definitions. (1) "Dwelling" shall
mean any building
or
structure, or part thereof, used and occupied for human
occupation or use or intended to be so used, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
(2)
"Governing body" shall mean the city council charged with governing
the city.
(3)
"Municipality" shall mean the City of Crossville, Tennessee, and the
areas encompassed within existing city limits or as hereafter annexed.
(4)
"Owner" shall mean the holder of title in fee simple and every
mortgagee of record.
1State law reference
Tennessee Code Annotated, title 13, chapter 21.
13-6
(5) "Parties
in interest" shall mean all individuals, associations, corporations and
others who have interests of record in a structure and any who are in
possession thereof.
(6) "Place
of public accommodation" shall mean any building or structure in which
goods are supplied or services performed, or in which the trade of the general
public is solicited.
(7)
"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
state relating to health, fire, building regulations, or other activities
concerning structures in the city.
(8)
"Public officer" shall mean any officer or officers of the city or
the executive director or other chief executive officer of any commission or
authority established by the city or jointly with any other municipality who is
authorized by this chapter to exercise the power prescribed herein and pursuant
to Tennessee Code Annotated, § 13-21-101, et seq..
(9)
"Structure" shall mean any dwelling or place of public accommodation
or vacant building or structure suitable as a dwelling or place of public
accommodation. (Ord. #1013, Nov. 2003)
13-203.
"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. (1989 Code, § 13-203)
13-204.
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 court of law or equity shall not be
controlling in hearings before the public officer. (1989 Code, § 13-204)
13-205. 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
13-7
determination and shall issue and cause to be served upon
the owner thereof an order: (1) 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 (2) 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 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. (1989 Code,
§ 13-205)
13-206. 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 structure 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." (1989 Code, § 13-206, as amended by Ord.
#1013, Nov. 2003)
13-207. 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 or demolished. (1989 Code, § 13-207, as amended by Ord.
#1013, Nov. 2003)
13-208. Lien
for expenses; sale of salvage 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 Cumberland 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 (1)
action for debt against more than one or all of the owners of properties
against whom
13-8
said costs have been assessed and the fact that multiple
owners have been joined in one (1) 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 salvageable 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
Cumberland 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 to the person
found to be entitled thereto by final order or decree of such court. Nothing in
this section shall be construed to impair or limit in any way the power of the
City of Crossville to define and declare nuisances and to cause their removal
or abatement, by summary proceedings or otherwise. (Ord. #1013, Nov. 2003)
13-209. 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 or 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 Crossville; 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. (1989 Code, § 13-209,
as amended by Ord. #1013, Nov. 2003)
13-210. 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 posed 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 Cumberland County, Tennessee, and such
filing shall have the same force and effect as other lis pendens notices
provided by law. (1989 Code, § 13-210)
13-211.
Enjoining enforcement of order. 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
13-9
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. (1989 Code, § 13-211)
13-212.
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;
(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. (1989 Code, § 13-212)
13-213. 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. (1989 Code, § 13-213)
13-214.
Structures unfit for human occupation or use 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 or use 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 under the general penalty
provision of this code. Each day a violation is allowed to continue shall
constitute a separate offense. (Ord.
#1013, Nov. 2003)
13-10
CHAPTER 3 JUNKYARDS
SECTION
13-301. Junkyards.
13-301.
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 eight (8) feet in
height, such fences to be so 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 neat and sanitary condition and so as not
to be a menace to the public health or safety.
A junkyard is
defined as a place where six (6) or more inoperable and/or unlicensed vehicles
are stored or kept in violation of the health or safety provisions of this
section creating an unsightly or objectionable situation and having a tendency
to damage or degrade neighborhood property values. (1989 Code, § 13-301)
1State law reference
The provisions of this section were taken substantially from
the Bristol ordinance upheld by the Tennessee Supreme 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).
13-11
CHAPTER 4 ABANDONED OR INOPERABLE VEHICLES
SECTION
13-401. Penalty for
violation of chapter.
13-402.
Definitions; declaration of nuisance.
13-403. Removal and
disposition generally.
13-404. Vehicles on
private property.
13-405. Liability
for expenses when vehicle removed from private property.
13-401. Penalty
for violation of chapter. Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor, and upon conviction shall be subject
to punishment as provided in the general penalty provision of this code of
ordinances. Each subsequent day that any violation continues unabated shall
constitute a separate offense. (1989
Code, § 13-401)
13-402.
Definitions; declaration of nuisance. (1) For purposes of this chapter,
"abandoned motor vehicle" means:
(a) A motor
vehicle that is over four (4) years old and is left unattended on public
property for more than thirty (30) days;
(b) A motor
vehicle that has remained illegally on public property for a period of more
than forty-eight (48) hours; or
(c) A motor
vehicle that has remained on private property without the consent of the owner
or person in control of the property for more than forty-eight (48) hours.
(2) For
purposes of this chapter, "inoperable motor vehicle" means a motor
vehicle that is over five (5) years old and has no motor or is otherwise
totally inoperable.
(3) The
presence of an abandoned, dismantled or inoperable motor vehicle on private or
public property is hereby declared a nuisance, which may be abated in
accordance with the provisions of this chapter.
(4) This
section shall not apply to any vehicle enclosed within a building on private
property, or to any vehicle held in connection with an enterprise lawfully
licensed by the city or any vehicle retained by the owner for antique
collection purposes. (1989 Code, §
13-402)
13-403. Removal
and disposition generally. (1) Removal by city. The city, through the police
department or other department as designated by the city manager, may take into
custody any motor vehicle which is abandoned, wrecked, dismantled or inoperable
upon public property, or upon private property with the consent of the owner.
The department may employ its own personnel, equipment and facilities or hire
persons, equipment and facilities for the purpose of removing, preserving and
storing abandoned or inoperable vehicles.
13-12
(2) Notice to
owner and lienholders. (a) Within fifteen (15) days
of the removal of the abandoned or inoperable vehicle, the
city shall
notify by certified mail, return receipt requested, the last
known
registered owner of the motor vehicle and all lienholders of
record that
the vehicle has been taken into custody. The notice shall
describe the
year, make, model and serial number of the abandoned,
wrecked,
dismantled or inoperable motor vehicle, set forth the
location of the
facility where the motor vehicle is being held, inform the
owner and any
lienholder of their right to reclaim the motor vehicle
within ten (10) days
after the date of notice upon payment of all towing,
preservation and
storage charges resulting from placing the vehicle in
custody, and state
that the failure of the owner or lienholder to exercise
their right to
reclaim the vehicle within the time provided shall be deemed
a waiver by
the owner and all lienholders of all right, title and
interest in the vehicle,
and consent to the sale of the abandoned or inoperable motor
vehicle at
a public auction.
(b) If there
is no response
to the notice
by certified mail
provided for in subsection (2)(a) of this section, then
there shall be notice by one (1) publication in one (1) newspaper of general
circulation in the area where the motor vehicle was abandoned. Such notice
shall be in a small display ad format, but one (1) advertisement may contain
multiple listings of abandoned vehicles.
(3) Sale at
public auction. If an abandoned motor vehicle has not been reclaimed within the
time allowed, the city shall sell the motor vehicle at a public auction. The
proceeds of the sale of an abandoned motor vehicle shall be used for payment of
the expenses of the auction, the cost of towing, preserving and storing the
motor vehicle, and all notice and publication costs incurred pursuant to this
chapter. Any remainder from the proceeds of the sale shall be held for the
owner or lienholder for forty-five (45) days, and then shall be deposited in
the general fund.
(4) Disposition
of inoperable vehicles. Notwithstanding any other provisions of this chapter,
the city may dispose of an abandoned automobile found on public or private
property without title and without the notification procedures of this section
if the motor vehicle is over five (5) years old and has no engine or is
otherwise totally inoperable. (1989
Code, § 13-403)
13-404.
Vehicles on private property. (1) Notice to remove. Upon failure of any owner
of property within the limits of the city to remove abandoned and inoperable
vehicles as required in this chapter, the city, acting through the city
manager, may serve a notice on the owner, lessee, occupant or person having
control of the property, notifying any of them of the existence of the nuisance
and ordering the person to remove the vehicle from the property within five (5)
days of service of notice, and informing the person of the time and place of
the appeal to the city council ("council"). Such notice shall be served by:
13-13
(a) Personally
serving the notice on the owner, lessee, occupant or person having control of
such property;
(b) Mailing the
notice to the last known address of the owner, lessee, occupant or person
having control of the property by certified mail; or
(c) Posting the
notice on the vehicle or on the property on which the abandoned, wrecked,
dismantled, rusted, junked or inoperable motor vehicle is found.
Service of
notice by any of the methods listed in this subsection shall be due notice
within the meaning of this section; provided, however, that no owner out of
possession shall be liable to the penalty set forth in § 13-401 unless there is
personal service or such notice was mailed by certified mail.
If the person
upon whom the notice to remove was served fails either to remove the vehicle
from the property within five (5) days of service of the notice or to appeal
the order to the city council within the time provided to appeal, the city may
remedy the condition and abate the nuisance by taking into custody the
abandoned or inoperable vehicle.
(2) Appeal of
order to remove. The owner, lessee, occupant or person having control of the
property who is aggrieved by the determination of the order of the city manager
may appeal to the city council by appearing before the council at the time and
place stated in the notice. The council shall hear and determine the appeal as
promptly as practicable but within thirty (30) calendar days of the service of
the notice. The decision of the council, together with the reasons, shall be in
writing and filed in the office of city clerk as a public record. The order of
the city manager may be affirmed, reversed or modified by an affirmative vote
of the majority of the city council. Unless it is made clear that the order is
contrary to the provisions of this chapter or other law or ordinance, or is
arbitrary and constitutes an abuse of discretion, the council shall affirm the
order. An owner, agent or occupant who fails, refuses or neglects to comply
with the order shall be in violation of the provisions of this chapter. Any
party aggrieved by the action of the council may appeal the decision of the
council as provided by law in the cases of certiorari. If the owner or other
person described shall fail to remedy such conditions within the time
prescribed, the city may remedy the condition and abate the nuisance by taking
into custody the abandoned or inoperable vehicle.
(3) Vehicles on
private property without consent of property owner. If a motor vehicle has
remained on private property without the consent of the owner or person in
control of the property for more than forty-eight (48) hours, the city may
remove the motor vehicle and dispose of it according to the procedure set forth
in this chapter. (1989 Code, § 13-404, as amended by Ord. #1006, Sept. 2003)
13-14
13-405.
Liability for expenses when vehicle removed from private property. The owner or
occupant of property on which abandoned vehicles have been left and which have
been removed by the city shall be liable for the unrecovered expenses incurred
by the city in such removal, and upon the failure of the owner or occupant to
pay the unrecovered expenses, a lien shall be placed upon the property for the
amount of such expenses. (1989 Code, §
13-405)
13-15
CHAPTER 5 GRADING, FILLING, AND EXCAVATING1
SECTION
13-501. Grading,
filling, and excavating.
13-502.
Enforcement.
13-503. Fees.
13-504. Appeal and
penalties.
13-501.
Grading, filling, and excavating. Conservation practices shall be followed to
prevent and control erosion of disturbed soils.
(1) Stripping
of vegetation, re-grading, and filling activities shall be conducted in a
manner so as to minimize erosion.
(2) To the
extent necessary, sediment in run-off water must be trapped by the use of a
silt fence, straw or hay bale barriers or similar measures until the disturbed
area is stabilized.
(3) Cuts and fills may not endanger adjoining property.
(4) Cuts or
fills may not encroach upon rain water-ditches causing sedimentation to cross
roads or streets onto other property owners.
(5) Permanent
vegetation erosion control measures shall be installed as soon as practicable.
(6)
Land-disturbing activities within 100-year old floodplain and streams fall
under the State of Tennessee and Federal Emergency Management Agency
regulations.
(7) A stone
construction exit may be required to prevent soil from being tracked onto paved
streets or roads by vehicular traffic. (1989 Code, § 13-501)
13-502.
Enforcement. The enforcement of this regulation is the responsibility of the
designated City of Crossville official other than new building construction,
which will be enforced by the building inspector during regular building
inspections. (1989 Code, § 13-502)
13-503. Fees.
The fee for excavation permits shall be fifteen dollars ($15.00) for the first
ten (10) acres plus five dollars ($5.00) for each additional acre or fraction
thereof. (1989 Code, § 13-503)
13-504. Appeal
and penalties. (1) Any person dissatisfied with the decisions, rules,
regulations, and interpretations of the designated city official,
1Municipal code reference
Excavations and cuts:
title 16, chapter 2.
13-16
shall have the right to appeal to the city council. Appeal
shall be within thirty (30) days and shall be made in writing.
(2) Any person
violating this chapter
shall be deemed
guilty of a
misdemeanor, and according to the laws of the State of
Tennessee shall be fined a maximum of fifty dollars ($50.00). Each subsequent
day that any violation continues unabated shall constitute a separate
offense. (1989 Code, § 13-504)
13-17
CHAPTER 6 NUISANCES
SECTION
13-601. Declaration
of nuisances.
13-602. General
requirement.
13-603. Notification.
13-604. Failure
to comply with an order to correct a violation.
13-605. Penalties
for failure to comply.
13-606. Payment
of costs.
13-607. Appeal.
13-608. Judicial
review.
13-609. Severability.
13-601.
Declaration of nuisances. (1) The accumulation of trash, rubbish, abandoned
appliances and other debris declared to be a nuisance. The allowing or
permitting of an accumulation of debris, rubbish, trash, cans, bottles, papers,
or abandoned or unusable or dismantled appliances or furniture on any lot,
tract, or parcel of land within the corporate limits of the City of Crossville
constitutes a threat or menace to life, property, public health, or public
welfare, encourages the infestation of rats and other harmful animals, and/or
creates a fire hazard and is hereby specifically prohibited and declared to be
a public nuisance.
(2) Overgrown
vegetation declared to be a nuisance.
The allowing or
permitting of a dense growth of trees, vines, grass and
underbrush to develop or occur on any lot, tract, or parcel of land within the
corporate limits of the City of Crossville constitutes a threat or menace to
life, property, public health, or public welfare of other citizens, encourages
the infestation of rats and other harmful animals, and/or creates a fire hazard
and is hereby specifically prohibited and declared to be a public
nuisance. (1989 Code, § 13-601)
13-602. General
requirement. (1) Premises to be kept clean. All persons, firms, and
corporations within the corporate limits of the City of Crossville, are hereby
required to keep their premises in a clean and sanitary condition, free from
accumulations of debris, rubbish, cans, bottles, papers, refuse, garbage, filth
and trash.
(2) Height of
vegetation. Grass and
other vegetation commonly
recognized as weeds shall be considered in violation of this
chapter when said vegetation has reached a height of twenty-four (24) inches.
(1989 Code, § 13-602)
13-603.
Notification. Whenever any public nuisance, as defined by this chapter, exists
on lands within the corporate limits of the City of Crossville, the
13-18
office of the city manager shall notify the owner of record
of said lands and direct them to abate or remove the same. Said notification shall:
(1) Be in writing;
(2) Specify the nature of the public nuisance and give its
location.
(3) Specify the corrective measures required; and
(4) Require
compliance within not less than ten (10) days nor more than thirty (30) days
from the date of notification.
The
notification shall be served upon the owner or owners of the premises where the
nuisance is located, by serving them personally or by sending said notice by
certified mail, return receipt requested, to their address as shown on the
current tax rolls of the City of Crossville.
(1989 Code, § 13-603)
13-604. Failure
to comply with an order to correct a violation. If the owner or owners of the
premises fail or refuse to comply with the order issued by the office of the
city manager within the time period specified by the letter of notification, as
provided herein, such failure or refusal shall be deemed a violation of the
provisions of this chapter and said owner or owners shall be subject to the
penalties herein provided. (1989 Code,
§ 13-604)
13-605.
Penalties for failure to comply. If the owner or owners of the premises fail or
refuse to comply with the order issued by the office of the city manager within
the time period specified by the letter or notification, the code enforcement
officer of the office of the city manager, or his duly authorized
representative, may enter onto such premises and take the corrective action
specified in the letter or notification so that the nuisance identified by said
letter is removed or abated. (1989
Code, § 13-605)
13-606. Payment
of costs. Upon the completion of the corrective action carried out by the
office of the city manager as authorized herein, the actual costs of such
action, plus a fee of fifteen percent (15%) for administrative cost, shall be
billed to the owner or owners of said property by the City of Crossville. If
said bill is not paid in full within sixty (60) days after its date of mailing,
a ten percent (10%) penalty shall be added and said costs and penalties shall
be placed on the tax rolls of the City of Crossville as lien upon said property
and collected in the same manner as other city taxes are collected. (1989 Code,
§ 13-606)
13-607. Appeal. The
owner of record
who is aggrieved
by the
determination and order of the public officer may appeal the
determination and order to the city council. The appeal shall be filed with the
city clerk within ten (10) days following the receipt of notice. The failure to
appeal within this time shall, without exception, constitute a waiver of the
right to a hearing. (1989 Code, § 13-607)
13-19
13-608.
Judicial review. Any person aggrieved by an order or act of the public officer
or of the city council under this section may seek judicial review of the order
or act. The time period established above shall be stayed during the pendency
of judicial review. (1989 Code, §
13-608)
13-609.
Severability. If any portion of these regulations is held to be invalid by a
court of law, all other regulations are still applicable. (1989 Code, § 13-609)
Change 1, February 12, 2008 14-1
TITLE 14 ZONING AND LAND USE CONTROL
CHAPTER
1. MUNICIPAL PLANNING COMMISSION.
2. AIRPORT ZONING REGULATIONS.
3. MUNICIPAL FLOOD DAMAGE PREVENTION.
4. MOBILE HOMES AND MOBILE HOME PARKS.
5. BUSINESS SIGNS AND OUTDOOR ADVERTISING.
6. HISTORIC ZONING DISTRICT.
7. TREES AND WOODY VEGETATION.
CHAPTER 1 MUNICIPAL PLANNING COMMISSION
SECTION
14-101. Creation of
commission.
14-102. Membership.
14-103.
Organization, rules, staff, and finances.
14-104. Powers and
duties.
14-101.
Creation of commission. In order to guide and accomplish a coordinated and
harmonious development of the city which will, in accordance with existing and
future needs, best promote public health, morals, order, conveniences,
prosperity, and the general welfare as well as efficiency and economy in the
process of development, the municipal planning commission is hereby created and
established as authorized by Tennessee Code Annotated, § 13-4-101, and the
commission shall be organized and empowered as follows in this chapter. (1989 Code, § 14-101)
14-102.
Membership. The planning commission shall consist of seven (7) members; two (2)
of these shall be the mayor and a city councilmember selected by the city
council; the other five (5) members shall be appointed by the mayor. They shall
be compensated at the rate of fifteen dollars ($15.00) per month, per meeting
attended. Any vacancy in the office of an appointive member shall be filled for
the unexpired term by the mayor, who shall also have authority to remove any
appointive member at his pleasure. The mayor shall appoint five (5) members of
this commission who shall hold office for one (1), two (2), three (3), four
(4), and five (5) years, respectively in order that the term of one (1) member
will expire every year. The terms of the mayor and the city councilmember
selected by the city council shall run concurrently with their terms of
office. (1989 Code, § 14-102)
14-2
14-103. Organization,
rules, staff, and finances. The municipal planning commission shall elect its
chairman from among its appointment members. The term of chairman shall be one
(1) year with eligibility for reelection. The commission shall adopt rules for
its transactions, findings, and determinations, which record shall be a public
record. The commission may appoint such employees and staff as it may deem
necessary for its work and may contract with city planners and other
consultants for such services as it may require. The expenditures of the
commission, exclusive gifts, shall be within the amounts appropriated for that
purpose by the city council. (1989 Code, § 14-103)
14-104. Powers
and duties. From and after the time when the municipal planning commission
shall have organized and selected its officers together with the adoption of
its rules of procedure then said commission shall have all the powers, duties,
and responsibilities as set forth in the Tennessee Code Annotated, title 13 or
other provisions relating to the duties and powers of municipal planning
commission. (1989 Code, § 14-104)
14-3
CHAPTER 2
AIRPORT ZONING
REGULATIONS1
SECTION
14-201. Violations;
enumerated zones. 14-202. Zones
defined.
14-201.
Violations; enumerated zones. It shall be unlawful for any person, firm, or
corporation to create and/or maintain an airport hazard in and about the
municipal airport of the type hereinafter set forth.
(1) Landing
area zone. No trees or structures permitted above ground level.
(2) Approach
zone. No trees or structures permitted above a 20:1 slope from landing strip or
end of planned extension, and measured in a direction parallel to center line
of strip.
(3) Transition
zone. No trees or structures permitted above a 7:1 slope from edge and level of
zones (1) and (2) to level of zone (4), measured at right angles to landing
strip centerline.
(4) Turning
zone. No trees or structures permitted more than one hundred fifty (150) feet
above highest elevation of the landing area. (1989 Code, § 14-201)
14-202. Zones
defined. (1) Approach zones. The landing strips
extended along the center line of the landing strips
extended for a distance of three thousand (3,000) feet from the ends of the
runways, the outside lines at the same angle with the center line.
(2) Landing area zones. The runways or landing
strips as now actually
constructed and surfaced.
(3) Transition
zones. The areas between the approach zones and landing strips, ending at the
extreme limits of the approach zones and coming together at points two thousand
(2,000) feet from the intersection of the center line of the landing strips.
(4) Turning
zone. Includes all other land about the municipal airport, within the circle of
twenty thousand (20,000) feet radius, having the intersection of the center
line of land strips as center of circle, but excluding therefrom the landing
area zone, approach zones, and transition zones as defined in this
section. (1989, § 14-202)
1A detailed
map of the municipal airport and zones is of record in the city clerk's office.
Change 1, February 12, 2008 14-4
CHAPTER 3 MUNICIPAL FLOOD DAMAGE PREVENTION
SECTION
14-301. Statutory
authorization, findings of fact, purpose and objectives.
14-302. Definitions.
14-303. General
provisions.
14-304. Administration.
14-305. Provisions
for flood hazard reduction.
14-306. Variance
procedures
14-307. Legal
status provisions
14-301.
Statutory authorization, findings, of fact, purpose and objectives. (1)
Statutory authorization. The Legislature of the State of Tennessee has in
Tennessee Code Annotated, § 6-33-101 delegated the responsibility to units of
local government to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
(2) Findings of
fact. (a) The Crossville Mayor and 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 of the
Federal
Insurance Administration Regulations found at 44 CFR Ch. 1
(10-1-04
Edition).
(b) Areas of
Crossville 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) Flood losses are caused by the
cumulative effect of obstructions in floodplains, causing increases in flood
heights and velocities; by uses in flood hazard areas which are vulnerable to
floods; or construction which is inadequately elevated, flood-proofed, 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 flooding or erosion hazards, or which
result in damaging increases in erosion, flood heights, or velocities;
(b) Require
that uses vulnerable to floods, including community facilities, be protected
against flood damage at the time of initial construction;
Change 1, February 12, 2008 14-5
(c) Control the
alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation floodwaters;
(d) Control
filling, grading, dredging and other development which may increase flood
damage or erosion, and;
(e) Prevent or
regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
(4) Objectives. The objectives of this chapter are:
(a) To protect human life, health and property;
(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 and generally
undertaken at the expense of the general public;
(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, streets 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 in such a manner as to minimize blight in flood areas;
(g) To ensure
that potential homebuyers are notified that property is in a floodable area and
(h) To maintain
eligibility for participation in
the National
Flood
Insurance Program. (1989 Code,
§ 14-301, as
replaced by Ord. #1143, Sept.
2007)
14-302.
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 given its stated
purpose and objectives.
(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.
Change 1, February 12, 2008 14-6
(e) Service
facilities such as electrical and 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.
(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 an independent
perimeter load-bearing wall shall be considered "New construction."
(4)
"Appeal" means a request for a review of the local enforcement
officer'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 (1%) or greater annual chance
of flooding to an average depth of one (1) to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and
indeterminate; 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 (1%) 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 (1%) chance of being equaled
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" 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, excavating, drilling operations, or
permanent storage of equipment or materials.
Change 1, February 12, 2008 14-7
(13)
"Development permit" means an appropriate permit issued by the City
of Crossville for building, land disturbance, or similar activity.
(14)
"Elevated building" means a non-basement building built to have the
lowest floor of the lowest enclosed area elevated above the ground level by
means of fill, solid foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of floodwater, pilings, columns, piers, or
shear walls adequately anchored so as not to impair the structural integrity of
the building during a base flood event.
(15) "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.
(16)
"Erosion" means the process of the gradual wearing away of land
masses. This peril is not per se
covered under the program.
(17)
"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.
(18)
"Existing construction" means any structure for which the "Start
of construction" commenced before the effective date of this chapter1,
(19)
"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, final site
grading or the pouring of concrete pads) is completed before the effective date
of this chapter1.
(20) "Existing structures" see "Existing
construction."
(21)
"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).
(22)
"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.
(23) "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.
1This chapter
was taken from
Ord. #522 which
passed third reading September 8, 1992
Change 1, February 12, 2008 14-8
(24)
"Flood elevation study" 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) or
flood-related erosion hazards.
(25)
"Flood Hazard Boundary Map (FHBM)" means an official map of a
community, issued by the Federal Emergency Management Agency, where the
boundaries of areas of special flood hazard have been designated as Zone A.
(26)
"Flood Insurance Rate Map (FIRM)" means an official map of a
community, issued by the Federal Emergency Management Agency, delineating the
areas of special flood hazard or the risk premium zones applicable to the
community.
(27)
"Flood insurance study" is the official report provided by the Federal
Emergency Management Agency, evaluating flood hazards and containing flood
profiles and water surface elevation of the base flood.
(28)
"Floodplain" or "Flood-prone area" means any land area
susceptible to being inundated by water from any source (see definition of
"Flooding").
(29)
"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.
(30)
"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.
(31)
"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.
(32)
"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 by some similarly unusual and unforeseeable event which results in
flooding.
(33)
"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.
Change 1, February 12, 2008 14-9
(34)
"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 plans, flood-related erosion control works and flood plain
management regulations.
(35)
"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.
(36)
"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.
(37)
"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.
(38)
"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.
(39)
"Highest adjacent grade" means the highest natural elevation of the
ground surface, prior to construction, adjacent to the proposed walls of a
structure.
(40) "Historic structure" means any structure that
is:
(a) Listed
individually in the National Register of Historic Places (a listing maintained
by the U.S. 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 the Tennessee inventory of historic places and
determined as eligible by 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 and determined as
eligible by communities with historic preservation programs that have been
certified either:
Change 1, February 12, 2008 14-10
(i) By an
approved state program as determined by the
Secretary of the Interior, or
(ii) Directly by
the Secretary of the Interior.
(41)
"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.
(42)
"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.
(43)
"Lowest floor" means the lowest floor of the lowest enclosed area,
including a basement. An unfinished or flood resistant enclosure used 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.
(44)
"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," unless such transportable structures are placed on a site for
one hundred eighty (180) consecutive days or longer.
(45)
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two (2) or more manufactured home lots for rent
or sale.
(46)
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood
Insurance Rate Map (FIRM) for a community issued by the agency.
(47) "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 the 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.
(48)
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a
vertical control used as a reference for establishing varying elevations within
the floodplain.
(49) "New
construction" means any structure for which the "start of
construction" commenced after the effective date of this chapter and the
term includes any subsequent improvements to such structure.
(50) "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 after
Change 1, February 12, 2008 14-11
the effective date of this chapter1 or the effective date of
the first floodplain management ordinance and the term includes any subsequent
improvements to such structure.
(51)
"North American Vertical Datum (NAVD)" as corrected in 1988 is a
vertical control used as a reference for establishing varying elevations within
the floodplain.
(52) "100-year flood" see "Base flood".
(53)
"Person" includes any individual or group of individuals,
corporation, partnership, association, or any other entity, including State and
local governments and agencies.
(54) "Recreational vehicle" means a vehicle which
is:
(a) Built on a single chassis;
(b) Four
hundred (400) square feet or less when measured at the largest horizontal
projection;
(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.
(55) "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.
(56)
"Riverine" means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
(57)
"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.
(58)
"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 one hundred eighty (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; and includes the placement of a
manufactured home on a foundation. Permanent construction does not include
initial 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
Change 1, February 12, 2008 14-12
a building, whether or not that alteration affects the
external dimensions of the building.
(59)
"State coordinating agency" The Tennessee Department of Economic and
Community Development's, Local Planning Assistance Office as designated by the
Governor of the State of Tennessee at the request of the Administrator to
assist in the implementation of the National Flood Insurance Program for the
state.
(60)
"Structure" for purposes of this section, 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.
(61)
"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 fifty percent (50%) of the market value of the
structure before the damage occurred.
(62)
"Substantial improvement" means any repairs, reconstructions,
rehabilitations, additions, alterations or other improvements to a structure,
taking place during a five (5) year period, in which the cumulative cost equals
or exceeds fifty percent (50%) of the market value of the structure before the "start
of construction" of the improvement. The market value of the structure
should be:
(a) The
appraised value of the structure prior to the start of the initial repair or
improvement; or
(b) In the case
of damage, the value of the structure prior to the damage occurring.
This term
includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed.
For the purpose
of this definition, "Substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part
of the building commences, whether or not that alteration affects the external
dimensions of the building. 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 pre-identified
by the local code enforcement official and which are the minimum necessary to
assure safe living conditions and not solely triggered by an improvement or
repair project or;
(b) Any
alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a "historic
structure."
(63) "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
fifty percent (50%) of the
Change 1, February 12, 2008 14-13
value of the
streets, utilities and
pads before the
repair, reconstruction or improvement commenced.
(64)
"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.
(65)
"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.
(66)
"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 floodplains
of riverine areas. (1989 Code, §
14-302, as replaced by Ord. #1143, Sept. 2007)
14-303. General
provisions. (1) Application. This chapter shall apply to all areas within the
incorporated area of Crossville, Tennessee.
(2) Basis for
establishing the areas of special flood hazard. The areas of special flood hazard
identified on the Crossville, Tennessee, Federal Emergency Management Agency,
Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM), Community
Panel Numbers 47035C0175B, 47035C0305B, 47035C0306B, 47035C0307B, 47035C0308B,
47035C0309B, 47035C0315, 47035C0316B, 47035C0317B, 47035C0318B, 470035C0319B,
47035C0330B, 470035C0340B, dated November 16, 2007, along with all supporting
technical data, are adopted by reference and declared to be a part of this
chapter.
(3) Requirement
for development permit. A development permit shall be required in conformity
with this chapter prior to the commencement of any development activities.
(4) Compliance.
No land, 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 easements, covenants, or deed restrictions. However, where
this chapter conflicts or overlaps with another regulatory instrument,
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 Tennessee statutes.
Change 1, February 12, 2008 14-14
(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 areas of special flood hazard
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
Crossville, 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 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 Crossville, Tennessee from taking such
other lawful actions to prevent or remedy any violation. (1989 Code, § 14-303, as replaced by Ord.
#1143, Sept. 2007)
14-304.
Administration. (1) Designation of chapter administrator. The codes
administrator is hereby appointed as the administrator to implement the
provisions of this chapter.
(2) Permit
procedures. Application for a
development permit shall be
made to the administrator on forms furnished by the
community prior to any
development activities. The development permit may include,
but is not limited
to the following: plans in duplicate drawn to scale and
showing the nature,
location, dimensions, and elevations of the area in
question; existing or proposed
structures, earthen fill placement, storage of materials or
equipment, and
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 where
BFEs are available, or to the highest adjacent grade when applicable under this
chapter.
(ii) Elevation
in relation to mean sea level to which any
non-residential building will be flood-proofed where BFEs
are available, or to the highest adjacent grade when applicable under this
chapter.
(iii) Design certificate from
a registered professional
engineer or architect that the proposed non-residential
flood-proofed building will meet the flood-proofing criteria in § 14-304(2).
(iv) Description
of the extent to which any watercourse
will be altered or relocated as a result of proposed
development.
Change 1, February 12, 2008 14-15
(b) Construction stage.
Within unnumbered A zones,
where
flood elevation data are not available, the administrator
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 relative to the highest adjacent grade.
For all new
construction and substantial improvements, the permit holder shall provide to
the administrator an as-built certification of the regulatory floor elevation
or floodproofing level upon the completion of the lowest floor or
floodproofing. Within unnumbered A zones, where flood elevation data is not
available, the elevation of the lowest floor shall be determined as the
measurement of the lowest floor of the building relative to the highest
adjacent grade.
Any lowest
floor certification made relative to mean sea level shall be prepared by or
under the direct supervision of, a registered land surveyor and certified by
same. When floodproofing is utilized for a non-residential 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 administrator shall review the above-referenced
certification data. Deficiencies detected by such review shall be corrected by
the permit holder immediately and prior to further work being allowed to
proceed. Failure to submit the certification or failure to make said
corrections required hereby, shall be cause to issue a stop-work order for the
project.
(3) Duties and
responsibilities of the
administrator. Duties of the
administrator shall include, but not be limited to:
(a) Review of
all development permits to assure that the permit 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 Assistance Office, prior to any
alteration or relocation of a watercourse, and submission of evidence of such
notification to the Federal Emergency Management Agency.
(d) For any
altered or relocated watercourse, submit engineering data/analysis within six
(6) months to the Federal Emergency Management Agency to ensure accuracy of
community flood
Change 1, February 12, 2008 14-16
maps through the letter of map revision process. Assure that
the flood carrying capacity within an altered or relocated portion of any
watercourse is maintained.
(e) Record the
elevation, in relation to mean sea level or the highest adjacent grade, where
applicable of the lowest floor including basement of all new or substantially
improved buildings, in accordance with § 14-304(2).
(f) Record the
actual elevation; in relation to mean sea level or the highest adjacent grade,
where applicable to which the new or substantially improved buildings have been
flood-proofed, in accordance with § 14-304(2).
(g) When flood
proofing is utilized for a structure, the Administrator shall obtain
certification of design criteria from a registered professional engineer or
architect, in accordance with § 14-304(2).
(h) 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 administrator shall make the necessary
interpretation. Any person contesting the location of the boundary shall be given
a reasonable opportunity to appeal the interpretation as provided in this
chapter.
(i) When base
flood elevation data or floodway data have not
been provided by the Federal Emergency Management Agency
then the administrator shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state, or other
sources, 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 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 administrator shall require the
lowest floor of a building to be elevated or floodproofed to a level of at
least three (3) feet above the highest adjacent grade (lowest floor and highest
adjacent grade being defined in § 14-302 of this chapter). All applicable data
including elevations or flood proofing certifications shall be recorded as set
forth in § 14-304(2).
(j) All records
pertaining to the provisions of this chapter shall
be maintained in the office of the administrator 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. (1989 Code, § 14-304, as replaced by Ord.
#1143, Sept. 2007)
Change 1, February 12, 2008 14-17
14-305.
Provisions for flood
hazard reduction. (1) General
standards. In all
flood prone areas the following provisions are required:
(a) New
construction and substantial improvements to existing buildings 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 to existing buildings shall be
constructed with materials and utility equipment resistant to flood damage;
(d) New
construction or substantial improvements to existing buildings shall be
constructed by methods and practices that minimize flood damage;
(e) All
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;
(i) Any
alteration, repair, reconstruction or improvements to a
building that 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 that is not in compliance with the provision of
this chapter, shall be undertaken only if said non-conformity is not further
extended or replaced.
(2) Specific standards.
These provisions shall apply to all areas of
special flood hazard as provided herein:
(a) Residential
construction. Where base flood
elevation data
is available, 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
solid foundation perimeter
walls be used
to
Change 1, February 12, 2008 14-18
elevate a structure, openings sufficient to facilitate
equalization of flood hydrostatic forces on both sides of exterior walls and to
ensure unimpeded movement of floodwater shall be provided in accordance with
the standards of § 14-305(2).
Within
unnumbered A zones, where base flood elevations have not been established and
where alternative data is not available, the administrator shall require the
lowest floor of a building to be elevated or floodproofed to a level of at
least three (3) feet above the highest adjacent grade (lowest floor and highest
adjacent grade being defined in § 14-302 of this chapter). All applicable data
including elevations or flood proofing certifications shall be recorded as set
forth in § 14-304(2).
(b) Non-residential construction. New construction
or
substantial improvement of any commercial, industrial, or
non-residential building, when BFE data is available, shall
have the
lowest floor, including basement, elevated or floodproofed
no lower than
one (1) foot above the level of the base flood elevation.
Within
unnumbered A zones, where base flood elevations have not been established and
where alternative data is not available, the administrator shall require the
lowest floor of a building to be elevated or floodproofed to a level of at
least three (3) feet above the highest adjacent grade (lowest floor and highest
adjacent grade being defined in § 14-302 of this chapter). All applicable data
including elevations or flood proofing certifications shall be recorded as set
forth in § 14-304(2).
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 design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions above, and shall
provide such certification to the administrator as set forth in § 14-304(2).
(c) Elevated building. All new construction or
substantial
improvements to existing buildings that include any fully
enclosed areas
formed by foundation and other exterior walls below the base
flood
elevation, or required height above the highest adjacent
grade, 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.
Change 1, February 12, 2008 14-19
(A) Provide a
minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding;
(B) The bottom
of all openings shall be no higher than one (1) foot above the finish 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 elevated 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 § 14-305(2). of this chapter.
(d) Standards for
manufactured homes and
recreational
vehicles.
(i) All manufactured homes
placed, or substantially
improved, on:
(A) Individual lots or parcels,
(B) In
expansions to existing manufactured home parks or subdivisions, or
(C) In new or 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 either:
(A) When base
flood elevations are available the lowest floor of the manufactured home is
elevated on a permanent foundation no lower than one (1) foot above the level
of the base flood elevation; or,
(B) Absent base
flood elevations the manufactured home chassis is elevated and supported by
reinforced piers (or other foundation elements) at least three (3) feet in
height above the highest adjacent grade.
(iii) Any manufactured home,
which has incurred
"substantial damage" as the result of a flood or
that has substantially improved, must meet the standards of § 14-305(2)(d) of
this chapter.
Change 1, February 12, 2008 14-20
(iv) All
manufactured homes must be securely anchored
to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(v) All recreational vehicles
placed on identified
flood
hazard sites must either:
(A) Be on the
site for fewer than one hundred eighty (180) consecutive days;
(B) Be fully
licensed and ready for highway use. (A recreational vehicle is ready for
highway use if it is licensed, on its wheels or jacking system, attached to the
site only by quick disconnect type utilities and security devices, and has no
permanently attached structures or additions.
(C) The
recreational vehicle must meet all the requirements for new construction,
including the anchoring and elevation requirements of this section above if on
the site for longer than one hundred eighty (180) consecutive days.
(e) Standards
for subdivisions. Subdivisions and other proposed
new developments, including manufactured home parks, 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:
(i) All
subdivision proposals shall be consistent with the
need to minimize flood damage.
(ii) All plats
and surveys produced
for property in the
City of Crossville (whether or not reviewed by the
Crossville Planning Commission) shall show all floodplain areas and any
applicable flood elevation line.
(iii) 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.
(iv) All subdivision proposals shall
have adequate
drainage provided to reduce exposure to flood hazards.
(v) Base flood
elevation data shall
be provided for
subdivision proposals and other proposed developments
(including
manufactured home parks and subdivisions) that are greater
than
fifty (50) lots and/or five (5) acres in area.
(3) Standards
for areas of special flood hazard with established base
flood elevations and with floodways designated. Located within the areas of
special flood hazard
established in §
14-303(2), are areas
designated as
floodways. A
floodway may be an extremely hazardous area due to the velocity
of floodwaters, debris or erosion potential. In addition, the area must remain
Change 1, February 12, 2008 14-21
free of encroachment in order to allow for the discharge of
the base flood without increased flood heights and velocities. Therefore, the
following provisions shall apply:
(a)
Encroachments are prohibited, including earthen fill material, new
construction, substantial improvements or other developments within the regulatory
floodway. Development may be permitted however, provided it is demonstrated
through hydrologic and hydraulic analyses performed in accordance with standard
engineering practices that the cumulative effect of the proposed encroachments
or new development, when combined with all other existing and anticipated
development, shall not result in any increase the water surface elevation of
the base flood level, velocities or floodway widths during the occurrence of a
base flood discharge at any point within the community. A registered
professional engineer must provide supporting technical data and certification
thereof.
(b) New
construction or substantial improvements of buildings shall comply with all
applicable flood hazard reduction provisions of § 14-305.
(4) Standards for areas of special flood hazard
Zones AE with
established base flood elevations but without floodways
designated. Located
within the areas of special flood hazard established in §
14-303(2), where
streams exist with base flood data provided but where no
floodways have been
designated, (Zones 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 § 14-305(2).
(5) Standards for streams without established base
flood elevations or
floodways (A Zones). Located within the areas of special
flood hazard
established in § 14-303, where streams exist, but no base
flood data has been
provided (A Zones), or where a floodway has not been
delineated, the following
provisions shall apply:
(a) When base
flood elevation data or floodway data have not
been provided in accordance with § 14-303, then the
administrator shall obtain, review and reasonably utilize any scientific or
historic base flood elevation and floodway
data available from
a federal, state
or other
Change 1, February 12, 2008 14-22
source, in order to administer the provisions of § 14-305.
Only if data is not available from these sources, then the following provisions
(b) and (c) shall apply:
(b) No
encroachments, including structures or fill material, shall be located within
an area equal to the width of the stream or twenty (20)feet, whichever is
greater, measured from the top of the stream bank, unless certification by
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.
(c) In special
flood hazard areas without base flood elevation data, new construction or
substantial improvements of existing shall have the lowest floor of the lowest
enclosed area (including basement) elevated no less than three (3) feet above
the highest adjacent grade at the building site. Openings sufficient to
facilitate the unimpeded movements of floodwaters shall be provided in
accordance with the standards of § 14-305(2), and "Elevated
buildings."
(6) Standards for
areas of shallow
flooding (AO and
AH Zones).
a is
Located within the areas of special flood hazard established
in § 14-303(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 clearly defined channel does not exist and where the path of
flooding unpredictable and indeterminate; therefore, the following provisions
apply:
(a) All new construction and substantial
improvements of residential and non-residential buildings shall have the lowest
floor, including basement, elevated to at least one (1') foot above the flood
depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above
the highest adjacent grade. If no flood depth number is specified, the lowest
floor, including basement, shall be elevated, at least three (3) feet above the
highest adjacent grade. Openings sufficient to facilitate the unimpeded movements
of floodwaters shall be provided in accordance with standards of § 14-305(2),
and "Elevated buildings."
(b) All new
construction and substantial improvements of nonresidential buildings may be
flood-proofed in lieu of elevation. The structure together with attendant
utility and sanitary facilities must be flood proofed and designed watertight
to be completely flood-proofed to at least one (1') foot above the specified
FIRM flood level, with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. If no depth number is
specified, the lowest floor, including basement, shall be flood proofed to
Change 1, February 12, 2008 14-23
at least three (3) feet above the highest adjacent grade. A
registered professional engineer or architect shall certify that the design and
methods of construction are in accordance with accepted standards of practice
for meeting the provisions of this chapter and shall provide such certification
to the administrator as set forth above and as required in § 14-304(2).
(c) Adequate
drainage paths shall be provided around slopes to guide floodwaters around and
away from proposed structures.
(d) The administrator shall certify the
elevation or the highest adjacent grade, where applicable, and the record shall
become a permanent part of the permit file.
(7) Standards
for areas protected by flood protection system (A-99 Zones). Located within the
areas of special flood hazard established in § 14-303 are areas of the 100-year
floodplain protected by a flood protection system but where base flood
elevations and flood hazard factors have not been determined. Within these
areas (A-99 Zones) all provisions of § 14-304. And § 14-305(1) shall apply.
(8) Standards
for unmapped streams. Located within Crossville, Tennessee are unmapped streams
where areas of special flood hazard are neither indicated nor identified.
Adjacent to such streams the following provisions shall apply:
(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, measured from the top of each stream bank, 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
locality.
(b) When new
elevation data is available, new construction or substantial improvements of
buildings shall be elevated or flood proofed to elevations established in
accordance with § 14-304. (1989 Code, § 14-305, as replaced by Ord. #1143,
Sept. 2007)
14-306. Variance
procedures. (1) Board of floodplain
review.
(a) Creation
and appointment. A board of floodplain review is hereby established which shall
consist of three (3) members appointed by the city council. The term of
membership shall be four (4) years except that the initial individual
appointments to the board of floodplain review shall be terms of one (1), two
(2), and three (3) years respectively. Vacancies shall be filled for any
unexpired term by the city council.
(b) Procedure.
Meetings of the board of floodplain review shall be held at such times, as the
board shall determine. All meetings of
the
Change 1, February 12, 2008 14-24
board of floodplain review shall be open to the public. The
board of floodplain review shall adopt rules of procedure and shall keep
records of applications and actions thereon, which shall be a public record.
Compensation of the members of the board of floodplain review shall be set by
the city council.
(c) Appeals:
How taken. An appeal to the board of floodplain review may be taken by any
person, firm or corporation aggrieved or by any governmental officer,
department, or bureau affected by any decision of the administrator based in
whole or in part upon the provisions of this chapter. Such appeal shall be
taken by filing with the board of floodplain review a notice of appeal,
specifying the grounds thereof. In all cases where an appeal is made by a
property owner or other interested party, a fee of twenty-five dollars ($25.00)
for the cost of publishing a notice of such hearings shall be paid by the
appellant. The administrator shall transmit to the board of floodplain review
all papers constituting the record upon which the appeal action was taken. The
board of floodplain review shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to parties in
interest and decide the same within a reasonable time which shall not be more
than ten (10) days from the date of the hearing. At the hearing, any person or
party may appear and be heard in person or by agent or by attorney.
(d) Powers. The
board of floodplain review shall have the following powers:
(i) Administrative
review. To hear and decide appeals
where it is alleged by the applicant that there is error in
any order, requirement, permit, decision, determination, or refusal made by the
administrator or other administrative official in the carrying out or
enforcement of any provisions of this chapter.
(ii) Variance
procedures. In the case of a request
for a
variance the following shall apply:
(A) The
Crossville Board of Floodplain Review shall hear and decide appeals and
requests for variances from the requirements of this chapter.
(B) Variances may also 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 floodplain review shall consider all
technical evaluations, all relevant factors, all standards specified in other
sections of this chapter, and:
Change 1, February 12, 2008 14-25
(1) The danger
that materials may be swept onto other property to the injury of others;
(2) The danger
to life and property due to flooding or erosion;
(3) The
susceptibility of the proposed facility and its contents to flood damage;
(4) The
importance of the services provided by the proposed facility to the community;
(5) The
necessity of the facility to a waterfront location, in the case of a
functionally dependent facility;
(6) The
availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The
relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(8) The safety
of access to the property in times of flood for ordinary and emergency
vehicles;
(9) 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;
(10) 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 floodplain
review 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: a showing of good and
sufficient cause, a determination that failure to grant the
variance would result in exceptional hardship; or a determination that the
granting of a
Change 1, February 12, 2008 14-26
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 chapters.
(c) Any
applicant to whom a variance is granted shall be given written notice that the
issuance of a variance to construct a structure 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
administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request. (1989 Code,
§ 14-306, as replaced by Ord. #1143, Sept. 2007)
14-307. Legal
status provisions. (1) Conflict with other chapters. In case of conflict
between this chapter or any part thereof, and the whole or part of any existing
or future chapter of Crossville, Tennessee, the most restrictive shall in all
cases apply.
(2) Validity. If
any section, clause, provision, or portion of this chapter
shall be held to be invalid or unconstitutional by any court
of competent jurisdiction, such holding shall not affect any other section,
clause, provision, or portion of this chapter which is not of itself invalid or
unconstitutional. (1989 Code, § 14-307, as replaced by Ord. #1143, Sept. 2007)
14-27
CHAPTER 4 MOBILE HOMES AND MOBILE HOME PARKS
SECTION
14-401. Definitions.
14-402. Regulations
for placement of mobile homes on standard lot or parcel.
14-403. Mobile
home subdivisions.
14-404. Mobile
home parks.
14-405. Building
permit.
14-406. Non-residential
factory manufactured structures.
14-407. Enforcement
of regulations.
14-408. Violations.
14-401.
Definitions. (1) "Buffer strip." A strip of land along a property
line reserved for screening purposes from adjoining properties or public
right-of-way and planted with evergreen trees and/or shrubs in such a manner as
to provide such screening and/or fencing of opaque wood or other material.
(2)
"Lot." A piece, parcel or plot of land in one ownership, occupied or
to be occupied by one principle building (including one [1] mobile home) and
its accessory buildings and including the open spaces required herein.
(3)
"Mobile home." A
mobile home is a single-family factory manufactured dwelling, meeting HUD codes
and Tennessee Code Annotated, §§ 68-126-101 through 68-126-412, designed for
transportation, after fabrication, on streets and highways on its own wheels or
on flatbed or other trailers, and arriving at the site in one (1) or more
sections where it is to be occupied as a dwelling complete and ready for
occupancy except for minor and incidental unpacking and assembly operation,
location on jacks or permanent foundation, connection to utilities and the
like.
(4)
"Mobile home park." A portion or parcel of land of at least one (1)
acre designed for or which is intended to be used to accommodate three (3) or
more mobile homes.
(5)
"Mobile home subdivisions." A mobile home subdivision is a
subdivision designed and intended for residential use where the residences are
mobile homes rather than site-built homes.
(6)
"Subdivision." The division of a tract or parcel of land into two (2)
or more lots. (1989 Code, § 14-401)
14-402.
Regulations for placement of mobile homes on standard lot or parcel. (1) One
(1) mobile home may be placed on a lot or parcel that is not part of a mobile
home park or mobile home subdivision under the following conditions:
(a) The mobile home is new or no more than ten (10) years
old.
(b) The mobile home may be single-wide or double wide.
14-28
(c) The mobile
home is to be used as a residence, not as a business or storage unit.
(d) The mobile
home is placed on a permanent perimeter block foundation built to city's
building codes.
(e) All
applicable subdivision regulations, housing, building code provisions and all
state and federal laws are complied with.
(f) Two (2)
mobile homes can be placed on the same lot or parcel providing:
(i) The
property has no site-built dwelling units on it.
(ii) The
property is large enough to be treated as two (2)
separate lots (meeting all minimum lot size, width and
setback requirements) and could be subdivided as such.
(g) If a parcel or lot has a site-built house on it
and the owner
can show extremely hardship or need due to age, illness,
etc., one (1)
mobile home may be placed on the same lot or parcel,
providing that the
property is large enough to be treated as two (2) separate
lots (meeting
all minimum lot size and setback requirements) and could be
subdivided
as such.
(2) Minimum lot
sizes. (a) Lot on city sewage system--minimum six
thousand (6,000) square feet in area and sixty (60) feet
wide.
(b) Lot not on
city sewage system--minimum eighty (80) feet
wide and twenty thousand (20,000) square feet in area,
although greater area may be required by the environmentalist for private
sewage disposal due to factors of drainage rock and soil conditions.
(3) Building
setback lines. (a) All attachments to the mobile home
must also meet required setbacks.
(b) Frontage
along street rights-of-way, including corner lots: thirty (30) feet on minor
street, forty (40) feet on collector street, fifty (50) feet on arterial
streets (unless a greater distance is deemed to be necessary by the planning
commission for the protection of the contemplated development on the property.)
(c) Minimum
twenty (20) foot separation from any other building on that lot or another lot.
(d) Side and rear setback -- minimum fifteen (15) feet.
(e) Minimum fifteen (15) feet from any creek or drainageway.
(f) Other
utilities (electric, gas, phone, etc.) may have greater setback or easement
requirements.
(4) Temporary permit for construction site. The
building inspector
may issue a temporary permit to allow occupancy of one or
more mobile home(s)
at a construction site to be used as an office or residence
during the construction
period. The property does not have to meet the usual lot
size and setback
requirements.
14-29
(5) All other
mobile homes occupied
for living purposes
shall be
confined to mobile
home parks, mobile
home subdivisions, and
temporary occupancies as provided for above. (1989 Code, § 14-402)
14-403. Mobile
home subdivisions. Mobile home subdivisions and subdivisions developed to allow
for mobile homes, modular units or double-wide mobile homes shall comply with
all subdivision regulations as provided for in the current Crossville Planning
Region Subdivision Regulations (1989 Code, § 14-403)
14-404. Mobile home parks. (1) General. (a) A mobile home
park consists of a minimum of one (1) acre, minimum three (3) mobile homes, and
on city sewer.
(b) The mobile
home park cannot be accessed through an existing residential subdivision, and
must be accessed from a collector or arterial street, as designated by the
planning commission, defined in the subdivision regulations and listed in
planning commission minutes.
(c) The
following requirements also apply to an addition to or modification of an
existing non-conforming mobile home park.
(d) Developer
will pay to the city same fees per lot as for subdivision plats.
(e) Each mobile
home placed in the park must meet current HUD requirements and developer must
obtain a building permit for each one placed in park.
(2) Application development plan,
development process and
final
as-built development plan.
(a) The
application development plan, drawn by surveyor at scale of 1"=100 ft. or
1"=50. ft., must include site location, tax map identification information,
property boundary measurements, topography at five (5) foot contours,
floodplain status, adjoining property owners' names, adjoining structures,
existing and proposed water lines and sewer lines as well as proposed location
of electric and gas lines within the park, locations of fire hydrants, drainage
plan showing existing or proposed drainage on-site and off-site, street
lighting, internal roadways, size of mobile home spaces, parking areas,
recreation areas, garbage collection areas, existing and proposed buildings,
and other information that may be required.
(b) Upon
receipt of the application development plan, the city will post property with a
sign that planning commission and city council have this property under
consideration; sign shall remain until development plan has been approved by
city council.
(c) The
planning commission will review and recommend the application development plan
to city council, which will also review and approve the plan before any
construction or development activities begin.
14-30
(d) Variances
of any requirement and/or any changes in the application development plan must
be reviewed and recommended by the planning commission and then approved by
city council. This includes any variance or change proposed during the
development process.
(e) During the
development process, the building inspector and representatives of city's
water, sewer and street departments will monitor and inspect development of the
mobile home park and report periodically to the planning commission and city
council. (See subsection (3) on Utilities).
(f) When a
mobile home park is developed in sections or stages, each section must consist
of a minimum of ten (10) spaces or twenty-five (25) percent of total park, whichever
is greater.
(g) The final
as-built development plan must be submitted and approved by planning commission
before placement of any mobile home or occupancy of any mobile home. The
planning commission will forward a report to city council.
(h) Financial guarantee: (i)
In lieu of
completion of the
pavement of the internal private streets and/or landscaping
prior
to placement or occupancy, the planning commission may
consider
accepting from the developer an irrevocable letter of credit
or cash
escrow account for up to six (6) months to guarantee
completion.
(ii) Landscaping of
park and/or buffer
strip may be
covered if developer can show that weather/seasonal
conditions have been the cause.
(iii) Drainage and
erosion control must
be completed
before applying for permission to post a financial
guarantee.
(iv) The planning
commission will consider a developer's
paving contract amount or landscaping costs, but may add an
extra ten percent (10%) to twenty percent (20%) as needed for contingencies and
to offset any negative impact of road work on drainage, erosion control,
utilities, etc.
(v) Upon completion of work, approval of all
improvements and submission of the final as-built
development
plan, the planning commission will consider release of the
letter of
credit or escrow account.
(3) Utilities: (a)
Internal water lines,
minimum six (6) inch size,
connected to city system, installed by the developer per
engineer-designed
water line plans approved by city and state, and
construction inspected
and approved by city.
Such lines shall be within dedicated easements,
with location and size acceptable to city.
(b) Each mobile
home space has a separate water meter/tap,
unless variance has been approved by city.
14-31
(c) The mobile
home park must be connected to city sewer system, unless an engineer-designed
alternative system approved by state and city.
(d) Internal
gravity sewer collection lines installed by the developer per engineer-designed
sewer lines plans approved by city and state, and construction inspected and
approved by city. Such lines shall be within a dedicated easement, with
location and size acceptable to city.
(e) Fire
hydrant(s) located within five hundred (500) feet of any mobile home, service
building or any other structure within the mobile home park.
(f) Development
plans should also show the location of natural gas lines and electric lines
within park.
(4) Roadways,
driveways, drainage, parking, and
lighting: (a) The
mobile home park must front on a city-maintained or
state-maintained collector or arterial street.
(b) Roadways
within a mobile home park are to be constructed and maintained by
owner/developer, paved minimum twenty-two (22) feet wide with hard surface
tar-chip, asphalt or concrete. Construction of roadways and drainage will be
inspected and approved by city. If on-street parking areas are planned, greater
roadway width is required.
(c) Drainage
plan for the mobile home park must consider drainage on-site and off-site,
including ditches, underground culverts, roadway-driveway drainage, and
drainage retention.
(d) Along each
side of roadway pavement there will be utility drainage easement strips minimum
ten (10) feet wide, unless city determines wider easements are needed, with
easements not part of front yard setback area.
(e) Each mobile
home space has minimum of two (2) paved parking spaces and paved driveway from
roadway.
(f) Visitor and/or service paved parking of one (1) space
per four
(4) units in
common areas. Developer may utilize
special design for on-
street parking areas.
(g) Adequate lighting of mobile home spaces and
common areas
shall be installed and maintained by owner/developer.
(5) Mobile home
spaces: (a) No mobile home nor mobile
home space
can be located in a floodplain.
(b) Only one (1) mobile home per space.
(c) The minimum
width of mobile home space is fifty (50) feet for single-wide and seventy-five
(75) feet for double-wide.
(d) The minimum
length of mobile home space is one hundred (100) feet for units up to seventy
(70) feet long. A unit over seventy (70) feet long requires the space be
thirty-five (35) feet longer than the unit.
(e) In general,
all setbacks are fifteen (15) feet with the following stipulations and
exceptions:
14-32
(i) Attachments
to the mobile home (porch, steps, deck,
carport, etc.) cannot be located within the setback area.
(ii) The mobile
home may be positioned on its space so
that setback on one side is no less than ten (10) feet, with
other side being twenty (20) feet or wider, to be used for paved parking
spaces, porch or deck, storage shed and/or garage or carport.
(iii) Along the
planted buffer strip,
the setback can
be
reduced to ten (10) feet.
(iv) A mobile
home must be minimum thirty (30) feet from
any city street or state highway right-of-way.
(v) Includes fifteen
(15) feet setback
from creeks or
drainage-ways.
(f) Each space
must be landscaped and planted with grass and shrubs before occupancy to
control erosion.
(g) Each mobile
home space shall abut a paved driveway or roadway with unobstructed access to
an open developed approved public street.
(6) Buffer strip
and fencing: (a) Each mobile home park must have a
planted and/or fenced buffer strip twenty (20) feet wide
along all property
lines of the park (except across driveways and streets).
Fencing must be
opaque wood privacy design six (6) feet high. Acceptable
buffer strip
plantings would consist of fast-growing evergreens planted
in double rows
staggered and four (4) feet to five (5) feet tall at time of
planting.
Existing vegetation may be preserved for buffer strip.
(b) The buffer
strip is not part of any mobile home space or setback area.
(c) A floodplain area may be used as the buffer strip.
(d) When
existing adjoining house and other land uses are located close to proposed
development or whenever necessary, the planning commission or city council may
require opaque wood or other material privacy fencing properly maintained in
addition to the landscaped buffer.
(7) Refuse
collection, recreation-common areas, other buildings:
(a) The mobile home park must provide acceptable
refuse
collection stands and/or containers per space, and/or an
accessible
enclosed dumpster location, properly maintained and managed
so that no
health hazards, rodent harborage or insect breeding problems
are
created.
(b)
Recreation-common area(s) must be provided centrally located, free of traffic,
easily accessible, minimum four thousand (4,000) square feet or four hundred
(400) square feet per mobile home, whichever is greater.
(c) Specific
recreation equipment such as picnic tables, grills, swings, slides,
benches are not
required, but if
provided should be
14-33
properly maintained in convenient lighted accessible
locations. A swimming pool must be fenced, lighted and properly maintained.
(d) Other
buildings that are not required but may be provided
by the park owner/developer include park manager's office,
laundry facilities, indoor recreation, enclosed storage, all of which should be
properly maintained, located in convenient lighted accessible locations with
off-street parking, and connected to rest of mobile home park with
walkways. (1989 Code, § 14-404)
14-405.
Building permit. Persons placing a mobile home on any lot shall obtain a
building permit from the city building inspector. A temporary permit as
provided for in § 14-402(2) shall be obtained or renewed at a cost of thirty
dollars ($30.00) every six (6) months. When city sewer is not available, an
approved septic tank must be installed before mobile home is attached to the
city water system and new or relocated mobile homes shall have separate water
meters. (1989 Code, § 14-405)
14-406.
Non-residential factory manufactured structures. Factory manufactured
structures used for commercial, educational, religious, assembly, banking,
office or other such purposes must be new or no more than ten (10) years old
when placed on the property, and meet standard building code per Tennessee Modular
Building Law found in Tennessee Code Annotated, §§ 68-126-301 through 320. A
mobile home meeting HUD standards cannot be used for these purposes. (1989 Code, § 14-406)
14-407.
Enforcement of regulations. The building inspector and the Crossville Planning
Commission are designated to enforce regulations in this chapter. In addition,
the planning commission is designated to review and recommend to city council
any request to vary from any of the regulations in this chapter. The city
council will hold a public hearing on any variance request and has final
authority to approve any variance. Whenever there is a discrepancy between
minimum standards or dimensions noted herein and those contained in other
official regulations, the highest standard shall apply. (1989 Code, § 14-407)
14-408.
Violations. The violation of any part of this chapter is hereby declared to be
a misdemeanor and upon conviction of any person for such violation, he, she, or
they are to be fined according to the general penalty provision of this code of
ordinances. Each subsequent day that any violation continues unabated shall
constitute a separate offense. (1989
Code, § 14-408)
14-34
CHAPTER 5 BUSINESS SIGNS AND OUTDOOR ADVERTISING1
SECTION
14-501. Purpose.
14-502.
Definitions.
14-503. Signs
allowed in any location in Crossville.
14-504. General
requirements pertaining to off-premises outdoor advertising
signs.
14-505. General requirements
pertaining to mobile signs. 14-506.
Non-conforming signs.
14-507. Permits,
applications, fees and insurance. 14-508.
Appeals for variances or adjustments. 14-509. Violations. 14-510. Validity.
14-501.
Purpose. The Crossville Sign Code is established to promote reasonable, orderly
and effective display of signs, to assure compatibility of signs, to enhance
the economy of the city, to protect the visual quality of the environment for
the public, to protect the motoring public, to enhance the beauty of the area, to
promote tourism, and to protect public investment in streets and highways. (1989 Code, § 14-501)
14-502.
Definitions. As used in this chapter unless the context otherwise indicates,
the following definitions shall apply:
(1)
"Outdoor advertising sign" or "off-premise sign" shall mean
any outdoor sign, display, figure, painting, drawing, message or billboard
which is designed, intended or used to advertise or inform or otherwise directs
attention to a business, commodity, service or activity generally conducted,
sold or primarily offered elsewhere than upon the premises where such sign is
located. None of the following shall be deemed an outdoor advertising sign:
Directional or other official signs authorized by law, signs advertising the
sale or lease of property upon which they are located; public
service/information signs, and the like.
(2)
"Public service/information signs" shall mean off-premise or
on-premise signs one hundred and fifty (150) square feet or less in size which utilize
over seventy five (75%) of their advertising message to giving public
service information such
as time, date,
temperature, or other
similar
1Municipal code reference
Business, peddlers and solicitors, etc.: title 9. Other
advertising regulations: title 11, chapter 8.
14-35
information, gives education, cultural, or religious
messages or information, or information related to a non-profit service club or
charitable association.
(3)
"Erect" shall mean to construct, build, raise, assemble, place,
attach, create, paint, draw or in any other way to bring into being or
establish a sign. The term erect shall not mean a change in the advertising
message or customary maintenance and repair on a sign; however repair and
maintenance will not include replacing the support structure, except to correct
destruction caused by tornadoes or severe storms when designated as such by
Cumberland County Emergency Management Agency.
(4)
"Sign" means all portions of an outdoor advertising structure
including structural elements, bases, sign faces, trim and borders.
(5) "Sign
face" means that portion of a sign, including the display area, border and
trim, but excluding the base apron, supports and other structural members,
facing traffic moving in one direction.
(6)
"Back-to-back sign" means a structure with two sign faces oriented in
opposite directions, placed either parallel or forming a V with an angle no
more than 45 degrees.
(7)
"Unzoned commercial" and "unzoned industrial" is defined
according to Tennessee Department of Transportation's Rules and Regulations for
the Control of Outdoor Advertising and adopted herein.
(8)
"Business sign" or "on-premise sign" shall mean a sign
which advertises the business or other activity conducted on or principle
products sold on the property upon which the sign is located. (For the purposes
of this chapter, such signs are not restricted but are required to obtain a
building permit.) (1989 Code, §
14-502)
14-503. Signs allowed in any location in
Crossville. (1) Types of signs:
(a) Flags and
signs of duly constituted governmental bodies, including warnings.
(b) Flags or
emblems of political, civic, philanthropic, educational, or religious organizations.
(c) Public service or public information signs.
(d) On-premise business signs.
(e) Temporary
signs pertaining to campaigns, drives, or events of civic, philanthropic,
educational, or religious organizations, as well as political signs.
(f) Garage or yard sale signs.
(g) Signs
pertaining to the sales, lease, or rental or the property on which the sign is
displayed, and temporary signs pertaining to real property to be sold at
auction.
(h) Memorial
plaques, cornerstones, historical tablets, and the
like.
14-36
(2) No building
permit and no annual permit will be required for the signs listed above, except
for on-premise business signs.
(3) Signs
listed above will be located off the street or highway right-of-way.
(4) Signs listed
above shall not
obstruct, or otherwise
physically interfere with the effectiveness of an official traffic sign,
signal, or device and cannot obstruct or physically interfere with a driver's
view of approaching or intersecting traffic.
(5) No sign,
floodlight, or other lighting device listed above shall be erected or continued
in operation which constitutes a nuisance by reason of light, glare, noise,
animation, or is considered unsafe or abandoned.
(6) No
free-standing flashing or blinking signs will be permitted within forty (40)
feet of the edge of any roadway.
(7) No
illuminated sign shall be of such intensity as to unduly disturb the use of any
residential property.
(8) All
on-premise business signs must be kept in good repair. Any damaged sign must be
repaired or removed within six (6) months following written notification of the
violation by the city manager. The Beautification Committee will make
recommendations of signs in violation to the city manager.
(9) All
temporary signs described in (1)(e)(g) above must be removed from public
rights-of-way within one (1) week following the event. All temporary signs
described in (1)(f) above must be removed within one (1) day of the sale and
contain the name and address of the seller as well as the date of the sale.
(1989 Code, § 14-503)
14-504. General
requirements pertaining to off-premises outdoor advertising signs. (1)
Off-premise outdoor advertising signs are classified as commercial activity and
shall only be permitted in connection with or within six hundred (600) feet of
an active operating commercial or industrial business or regularly used
building, parking lots, storage or processing of commercial and industrial
activity in accordance with rules and regulations established by Tennessee
Department of Transportation for unzoned commercial or unzoned industrial
areas.
(2) Locations. (a) Off-premise outdoor
advertising signs and
billboards shall be permitted only in the following
locations:
(i) Along
Interstate 40
(ii) On U.S.
Highway 127
(iii) On U.S.
Highway 70S and U.S. 70
(iv) On state
highways within one-half
(½) mile of
an
interstate interchange.
(b) Outdoor advertising signs
and billboards will
not be
permitted in the central business area of Crossville on the
highways listed above south of Penfield Street, southeast of Central Street,
north of Cleveland Street, and west of Dogwood Avenue.
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(c) Outdoor
advertising signs and billboards are further prohibited within five hundred
(500) feet of a school, church, recreational field or park and within three
hundred (300) feet of a residence fronting on the same highway.
(d) Locations are also governed by rules
and regulations established by Tennessee Department of Transportation whose
regulations, if more stringent, take precedence over city statutes.
(e) No sign
shall be located in such a manner as to obstruct or otherwise physically
interfere with the effectiveness of an official traffic sign, signal or device,
nor will it be permitted to obstruct or physically interfere with a driver's
view of approaching or intersecting traffic.
(3) Spacing. (a)
With the exception of signs and billboards fronting
Interstate 40, the spacing of which is controlled by
Tennessee
Department of Transportation, all outdoor advertising signs
must be
spaced at least seven hundred and fifty (750) feet apart,
and at least
seven hundred and fifty (750) feet from any existing
non-conforming
advertising sign or billboard, with each side of the highway
considered
separately.
(b)
Double-stacking and side-by-side placement of new off-premise outdoor
advertising signs is prohibited; except that double-stacking is permitted for
off-premise outdoor advertising signs and billboards fronting on Interstate 40.
(c)
Back-to-Back structures and V-shaped structures, as defined in this chapter,
will be counted as one sign for the purpose of spacing.
(4) Maximum Size. Each sign face for off-premise outdoor
advertising signs and billboards cannot exceed three hundred and sixty (360)
square feet in size, except those fronting on Interstate 40 which may be up to
seven hundred and seventy five (775) square feet.
(5) Setbacks. (a) No portion of any off-premise outdoor
advertising sign, the bottom of which is less than ten (10) feet above grade of
thoroughfare, shall be erected, placed or hung within ten (10) feet of the
street or highway right-of-way.
(b) No portion
of any off-premise outdoor advertising sign ten (10) feet or more above grade
of a thoroughfare shall be erected, placed or hung in such a manner that any
portion rests on or hangs over any street or highway right-of-way.
(c) No sign can
be erected or placed so as to obstruct the view of traffic or create a hazard
for the motoring public.
(6) Lighting.
(a) No sign, floodlight, or other outdoor advertising
device shall be erected or continued in operation which
constitutes a
nuisance by reason of light, glare, noise, animation or is
considered
unsafe or abandoned.
(b) No revolving
or rotating beams
or beacons of
light are
permitted.
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(c) No sign
shall have blinking, flashing or glittering light or
other illuminating device which has a changing light
intensity, brightness or color, except for the display of time and temperature.
On-premise neon signs are specifically excluded from the provisions of this
subsection. (1989 Code, § 14-504)
14-505. General
requirements pertaining to mobile signs.
in
a
or
(1) Mobile
signs or portable signs can be used as an on-premise business sign but cannot
be used as off-premises advertising except to make temporary announcements
relating to educational, cultural, or religious activities or relating to
non-profit service clubs or charitable associations.
(2) No mobile
sign or portable sign shall be erected or continued i operation which
has a floodlight
or other lighting
device that constitutes nuisance by reason of light,
glare, noise, animation, or is considered unsafe abandoned. No flashing or blinking lights will be
permitted.
(3) No mobile
sign or portable sign shall be located in such a manner as to obstruct, or
otherwise physically interfere with the effectiveness of an official traffic
sign, signal or device, nor will it be permitted to obstruct or physically
interfere with a driver's view of approaching or intersecting traffic.
(4) All mobile
signs or portable signs must be located off the street or highway right-of-way.
(5) Mobile
signs will not be required to obtain building permits or annual permits. (1989 Code, § 14-505)
14-506.
Non-conforming signs. (1) All non-conforming off-premise outdoor advertising
signs and billboards which prior to enactment of this chapter were legally
erected, and which are existing and properly maintained, shall be allowed to
remain and shall be considered as "grandfathered" in place. These
signs may not be enlarged or height extended.
(2) Replacement
of wooden support structures for billboards with steel monopole structures will
be allowed in compliance with procedures and rules relating to permits and
subject to § 14-504(5) and (6).
(3)
Non-conforming double stacked wooden signs may be replaced by double stacked
single pole steel signs of the same size of existing wooden sign or less but no
larger. Tennessee Department of Transportation permits for both sides must have
been bought prior to February 14, 1989 and a city building permit must be
bought for the new structure.
(4) As of the
effective date of this chapter, the supporting structure may not be totally
replaced of any outdoor advertising sign of which the supporting structure is
in a seriously deteriorating condition and is incapable of safely supporting
the face of the sign. An exception of this would be if damage was inflicted by
an unusually severe tornado-type storm as interpreted by the office of the
Cumberland County Emergency Management Agency. The sign itself or stringers may
be repaired as needed. If a company or
individual owns
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an advertising structure of which the supporting poles are
deteriorated or unsafe, or if the company fails to repair the face of the
structure or lets the paint get in a shabby or unsightly condition, the City of
Crossville is empowered, after 30 days notice, to remove the sign in violation
at the owner's expense.
(5) If an
existing billboard is ordered removed for any reason, the new
location must comply with the requirements of this chapter.
(1989 Code, § 14-506)
14-507. Permits, applications, fees and insurance. (1)
Building permits and fee. (a) A building permit is required for the erection or
relocation of any off-premise outdoor advertising sign structure and for the
erection of any on-premise business sign. The relocation of an on-premise business
sign on the same property will not require a building permit.
(b) The
building permit fee is twenty-five dollars ($25.00) per sign face.
(c) Applications for building permits will include:
(i) A copy
of the signed
and notarized lease
from the
property owner to the sign owner.
(ii) Name, address
and phone number
of the property
owner and the sign owner.
(iii) The size
and height of the sign structure and the size
of the sign face.
(iv) The tax
map and parcel
identification for the
proposed site indicating the position of the sign on parcel,
and enlargement of parcel, if necessary.
(v) For
steel structures, a licensed engineer's
stamped
drawing of construction plans for the underground base and above
ground steel column structure.
(vi) Other information
as may be
required by the
city
manager and/or building inspector.
(d) Evidence of
insurance as required for said sign erection in this chapter shall be submitted
with the application for a building permit, if not already on file with the
city clerk.
(e) Evidence
that a state permit, if required, has been or is being obtained from the State
of Tennessee must be submitted before the building permit can be issued.
(f)
Construction shall conform to wind load requirements of the Southern Standard
Building Code (latest edition), including minimum wind speed of ninety (90)
miles per hour and minimum wind load of thirty (30) pounds per square foot.
(g) The building
inspector and the city manager will review the application for compliance with
all the requirement of this chapter before issuing the permit.
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(h) In the case
of steel structures, the building inspector will
inspect and measure excavations and assure base preparation
is as shown on engineering drawings as well as inspect above-ground structure
against engineering drawings.
(i) The permit
will expire if work has not commenced within six
months after date of issue. All work must be completed within
nine months or permits and fees will be invalid.
(2) Annual
permits and fee:
(a) An annual
fee of twenty-five dollars ($25.00) per sign will be required for each
conforming and non-conforming off-premise outdoor advertising sign and
billboard, as defined by this chapter, located in Crossville at the time of
enactment of this chapter or erected in the future.
(b) Annual fees
will be immediately due upon adoption of this chapter, delinquent March 1,
1990, and will cover the year 1990.
(c) No annual fee will be charged for the
calendar year in which a sign building permit is obtained.
(d) The annual
fee is due and payable between January 1 and February 1 of each calendar year,
beginning in 1991, with a grace period until March 1. If the annual fee is not
paid by March 1, the structure may be declared illegal and removed at owner's
expense.
(e) Information
on applications' for annual permits consist of items (i)-(iv) as required for
building permits under § 14-507(1)(c).
(f) A number to identify each individual
structure will be assigned to each off-premise sign permitted and that number
must be displayed using four inch (4") permanent numbers on the side of
the pole facing the road.
(3) Insurance Requirements. No person shall engage,
within the
corporate limits of the City of Crossville in the business
of erecting or
maintaining outdoor advertising signs or billboards as
regulated under this
chapter until after such persons shall have filed with the
city clerk evidence of
liability insurance coverage of fifty thousand dollars
($50,000) property damage,
one hundred thousand dollars ($100,000) personal injury to
any one person, and
two hundred thousand dollars ($200,000) for personal injury
growing out of any
one occurrence. Such liability insurance shall save and keep
the city and all it's
officials, employees, and agents, harmless from all damages,
liabilities, losses
and judgments resulting by reason of the erection or
maintenance of any such
sign, and of any injury to persons or damages to property
resulting therefrom.
(1989 Code, § 14-507)
14-508. Appeals
for variances or adjustments. (1) The City of Crossville's City Council is
hereby designated to serve as the sign board to review and decide on requests
for variances or adjustments from the specific terms of this chapter.
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(2) The
appellant shall submit a request letter with site plan and maps to the city
manager outlining all reasons for needing the variance, including evidence of
hardship by having to meet the terms of the chapter.
(3) Any
variance request or appeal may be taken up at any city council meeting at which
said request is a part of the agenda. The board may render a decision at the
meeting or may take said request for study and render a decision at a later
meeting. (1989 Code, § 14-508)
14-509.
Violations. Any person or business failing to comply with the requirements of
this chapter shall be guilty of a misdemeanor, and each day and each occurrence
shall constitute a separate violation.
(1989 Code, § 14-509)
14-510.
Validity. Should any section, clause, or provision of this chapter be declared
by a court of competent jurisdiction to be unconstitutional or invalid, this
judgement shall not affect the validity of the chapter as a whole or any other
part other than the part judged invalid.
(1989 Code, § 14-510)
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CHAPTER 6 HISTORIC ZONING DISTRICT
SECTION
14-601. H-1
District (Historic).
14-602. Administration.
14-603. Historic
zoning commission.
14-604. Maintenance
and repair of improvements.
14-605. Remedying
of dangerous conditions.
14-606. Injunctive
powers and penalties.
14-601. H-1
District (Historic). (1) Intent. It is the intent of this district to preserve
the historic sites and structures of the City of Crossville. The requirements
of the district are designed to protect and preserve historic and/or
architectural value; create an aesthetic atmosphere, strengthen the economy;
protect and enhance the city's attractions to tourists and visitors and the
support and stimulus to business and industry thereby provided; and promote
education and patriotic heritage of the present and future citizens of the
community. In order to achieve the intent of the H-1 Historic District, as
shown on the official Zoning Map of Crossville, Tennessee, the following
regulations shall apply:
(a) Any use
permitted by the existing zoning classification is also permitted by the H-1
Historic District.
(b) The H-1
District classification may be superimposed in addition to any existing zoning
classification where the following criteria shall be determined to exist by the
historic zoning commission.
The quality of
significance in American history, architecture, archeology, and culture is
present in districts, sites, buildings, and structures that possess integrity
of location, design, setting, materials, workmanship, feeling, and association,
and:
(i) That are associated with
events that have
made a
significant contribution to the broad patterns of our
history; or
(ii) That are
associated with the
lives of persons
significant in our past; or
(iii) That embody
the distinctive characteristics of a type,
period, or method of construction or that represent the work
of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual
distinction; or
(iv) That have
yielded, or may
be likely to
yield,
archaeological information. (1989 Code, § 14-601)
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14-602.
Administration. (1) No building permit for construction, major alteration or
rehabilitation, moving, or demolition to be carried on within the H-1 District
shall be issued by the building inspector until it is submitted to and receives
approval in writing by the historical zoning commission.
(2)
Administration shall be by the office of the building inspector and the
historic zoning commission and all items regulated within the H-1 District
shall be submitted to the historic zoning commission (through the office of the
building inspector) for its review.
(3) Building
permit required. All alterations, additions or new construction which, previous
to the establishment of this H-1 District, required that application be made
for a building permit shall continue to require that application be made for a
building permit, and approval obtained before the work on such alterations,
additions, or new construction can begin. In addition it shall be required that
application be made in the same manner for any work, including but not limited
to, alterations, additions, demolition, removal or new construction which
alters or contributes to the exterior appearance of existing structures.
(4) The
historic zoning commission shall prepare for review by the Crossville City
Council design review guidelines which shall be used by the historic zoning
commission in the consideration of any application for certificate of
appropriateness applied for under this chapter. No application may be considered
by the historic zoning commission until such time as said guidelines have
received the approval of the city council.
(5) Building
permit procedures. (a) Applications for building permits
within the H-1 District shall be made to the office of the
building
inspector and all such applications shall be referred
directly to the
historic zoning commission. The historic zoning commission
shall have
broad powers to request detailed construction plans and
related data
pertinent to thorough review of any application.
(b) Upon
receiving an application for a building permit the historic zoning commission
shall, within thirty (30) days following the availability of sufficient data,
issue to the office of the building inspector a letter stating its approval
with or without attached conditions or disapproval with the grounds for
disapproval stated in writing.
(c) The office
of the building inspector shall additionally review applications for building
permits (which have received written approval from the historic zoning
commission) in the same manner review is made of building permit applications
outside of the H-1 District, and final issuance or rejection shall additionally
be based upon the adopted building codes of the City of Crossville. The fee
charged for building permits within the H-1 District shall conform to existing
fee schedules for Building Permits in any other zoning district within the City
of Crossville. (1989 Code, § 14-602)
14-44
14-603.
Historic zoning commission. (1) Creation and appointment. In accordance with
Tennessee Code Annotated, § 13-7-403, a historic zoning commission is hereby
established. The mayor and city council shall create a five (5) member historic
zoning commission which shall consist of a representative of a local patriotic
or historic organization; an architect, if available; a member of the planning
commission, at the time of his appointment; and the remaining members shall be
appointed from the community in general. Historic zoning commission members
shall be appointed by the mayor, subject to confirmation by the city council.
Appointments to membership on the historic zoning commission shall be arranged
so that the term of one member shall expire each year and his successor shall
be appointed in like manner in terms of five (5) years. All members shall serve
without compensation. The members of the commission shall elect a chairman from
among themselves to preside over meetings.
(2) Procedure.
Meetings of the historic zoning commission shall be held at the call of the
chairman or by the majority of the membership. All meetings of the commission
shall be open to the public. The commission shall give notice of the place,
date, and time of any public hearings which they hold under the provisions of
this chapter, by publication in an official newspaper or a newspaper of general
circulation at least three (3) days immediately prior thereto. At least four
(4) members of the commission shall constitute a quorum for the transaction of
its business. The concurring vote of three (3) members of the commission shall
constitute final action of the commission on any matter before it. The
commission shall keep minutes of its procedures showing the vote of each member
upon each question; or if absent or failing to vote, indicating such fact.
(3) Powers and
duties. The historic zoning commission shall have the following powers:
(a) To request
detailed construction plans and related data pertinent to thorough review of
any proposal before the commission.
(b) The
historic zoning commission shall within thirty (30) days following availability
of sufficient data, direct the granting of a building permit with or without
conditions or direct the refusal of a building permit providing the grounds for
refusal are stated in writing.
(c) Upon review
of the application for a building permit, the historic zoning commission shall
give prime consideration to:
(i) historic and/or architectural value
of present
structure;
(ii) The
relationship of exterior architectural features of
such structures to the rest of the structures of the
surrounding area;
(iii) The general compatibility of
exterior design,
arrangement, texture and materials proposed to be used;
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(iv) To any
other factor, including
aesthetic, which is
deemed pertinent.
(d) Additional
powers and duties. (i) It shall be the duty of the
historic zoning commission to make the following
determination with respect to the historic district:
(A)
Appropriateness of altering or demolishing any building or structure within the
historic district. The commission may require interior and exterior
photographs, architectural measured drawings of the exterior, or other notation
of architectural features to be used for historical documentation as a
condition of any permission to demolish a building or structure. Such
photographs, drawings, etc. shall be at the expense of the applicant.
(B)
Appropriateness of the exterior architectural features including signs and
other exterior fixtures of any new buildings and structures to be constructed
within the historic district.
(C)
Appropriateness of exterior design of any new extension of any existing
building or structure within the historic district.
(D)
Appropriateness of front yards, side yards, rear yards, off-street parking
spaces, location of entrance drives into the property, sidewalks along the
public right-of-way, which might affect the character of any building or
structure within the historic district.
(E) The general compatibility of
exterior design,
arrangement, texture, and material of the building or other
structure in question and the relation of such factors to
similar features of buildings in the immediate surroundings.
However, the Historic Zoning Commission shall not consider
interior arrangement or design, nor shall it make any
requirements except for the purpose of preventing
extensions incongruous to the historic aspects of the
surroundings.
(ii) Right of
entry upon land.
The commission, its
members and employees, in the performance of its work, may
enter upon any land within its jurisdiction and make examinations and surveys
and place or remove public notices as required by this chapter, but there shall
be no right of entry into any building without the consent of the owner.
(iii) Liability
of historic zoning commission members. Any
historic zoning commission member acting within the powers
granted by the chapter is relieved from all personal liability for any damage
and shall be held harmless by the city government.
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Any suit brought against any member of the commission shall
be defended by a legal representative furnished by the city government until
the termination of the procedure.
(iv) Jurisdiction. The historic zoning commission shall
have exclusive jurisdiction relating to historic matters.
Anyone who may be aggrieved by any final order or judgement of the commission
may have said order or judgement reviewed by the courts by the procedures of
statutory certiorari as provided for in the Tennessee Code Annotated, title 27,
chapter 8.
(v) Conflict of
interest. Any member
of the historic
zoning commission who shall have a direct or indirect
interest in any property which is the subject matter of, or affected by, a
decision of said commission shall be disqualified from participating in the
discussion, decision, or proceedings of the historic zoning commission in
connection therewith. (1989 Code, §
14-603)
14-604.
Maintenance and repair of improvements. Every person in charge of an
improvement in a historic district shall keep in good repair all of the
exterior portions of such improvements and all interior portions thereof which,
if not so maintained, may cause or tend to cause the exterior portions of such
improvements to deteriorate, decay or become damaged or otherwise to fall into
a state of disrepair. (1989 Code, §
14-604)
14-605.
Remedying of dangerous conditions. In any case where a
city enforcement agency shall order or direct the
construction, removal,
alteration, or demolition of any improvement in a historic
district for the
purpose of remedying conditions determined to be dangerous
to life, health, or
property, nothing contained in this chapter shall be
construed as making it
unlawful for any person, without prior issuance of a letter
of approval pursuant
to this chapter,
to comply with
such order of
direction. However, the
enforcement agency shall give the commission notice of any
proposed order or direction which affects or may affect the exterior appearance
of any structure, or site, on or in the environs of a historic district. The
commission shall be afforded adequate opportunity to review and provide written
comments upon any action proposed by an enforcement agency within a historic
district prior to the initiation of any said action. (1989 Code, § 14-605)
14-606.
Injunctive powers and penalties. (1) Where it appears that the owner or person
in charge of an improvement on a landmark site or preservation site threatens
or is about to do or is doing any work in violation of the chapter, the city
attorney for the City of Crossville shall, when directed by the mayor or city
council, forthwith apply to an appropriate court for an injunction against such
violation of this chapter. If an order of the court enjoining or restraining
such violation does not receive immediate compliance,
14-47
the city attorney shall forthwith apply to an appropriate
court to punish said violation pursuant to law.
(2) A violation
of this chapter is punishable by a fine of not less than
two dollars ($2.00) and not exceeding fifty dollars ($50.00)
or by imprisonment not exceeding ninety (90) days, or by both such fine and
imprisonment. Every day of violation may be held to constitute a separate
offense. (1989 Code, § 14-606)
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CHAPTER 7 TREES AND WOODY VEGETATION
SECTION
14-701. Definitions.
14-702. Administration.
14-703. Protection
of trees.
14-704. Removal
of protected trees.
14-705. Tree
removal.
14-706. Protection
and replacement of trees.
14-707. Protection
of trees during development activities.
14-708. Parking
reduction for preservation of protected trees.
14-709. Prohibited
trees.
14-710. Appeal
and penalties.
14-701.
Definitions. (1) "Tree." A woody plant with a single trunk, or
multiple trunk capable of growing to a height of fifteen (15) feet or more.
(2)
"Shrub." A woody plant with a multiple stem capable of growing to a
height of up to fifteen (15) feet.
(3)
"Caliper inches." The quantity in inches of the diameter of a tree
measured at a height of six (6) inches above the ground for trees with a
diameter of four (4) inches and under, and at twelve (12) inches above the
ground for trees over four (4) inches in diameter.
(4)
"Diameter Breast Height (DBH)." The diameter in inches of a tree
measured at four and one-half (4 ½) feet above the existing grade.
(5)
"Prohibited trees." Any tree which, by the nature of its fruit, root
system, brittleness of wood, or susceptibility to disease, is not allowed as a
replacement tree.
(6)
"Protected trees." An existing tree, exclusive of any prohibited
tree, twelve (12) inches DBH or greater.
(7)
"Replacement trees." Those trees required to be planted based on the
difference between the required tree density factor and the actual tree density
factor following all approved tree removal. (1989 Code, § 14-701, as amended by
Ord. #1011, Oct. 2003)
14-702.
Administration. (1) Creation of a tree board. There is hereby created a tree
board for this city, which shall consist of seven members. The majority of the
members shall be citizens and residents of this city. Members shall be
appointed by the mayor and approved by the governing body.
(2) Term of
office. Members shall serve three (3)
year terms, except
the first board which will have two (2) members appointed
for one year and three (3) members appointed for two years, and two (2) members
appointed for
14-49
three (3) years. Members may serve successive terms.
Vacancies are filled by appointment by the mayor until the end of the term.
(3) Operation.
The board shall choose its own officers, make its own rules and regulations,
and keep a record of its proceedings. Copies of the minutes shall be available
to the governing body after each tree board meeting. Meetings shall be held
quarterly, or more often if called by the chairman of the board. A majority of
the members shall constitute a quorum for transaction of business.
(4) Duties and
responsibilities. The duties of the tree board shall include, but not be
limited to the following:
(a) Prepare a tree plan for the community;
(b) Coordinate tree-related activities;
(c) Conduct an Arbor Day ceremony;
(d) Provide tree information to the community;
(e) Maintain a recommended tree list for the community;
(f)
Recognize groups and
individuals completing tree projects;
(g)
Coordinate publicity concerning trees
and tree projects;
(h) Coordinate
donations of trees or money to purchase
trees;
(i) Adopt rules
and regulations pertaining
to the tree
program;
(j) Perform
other tree related duties and opportunities
that arise from time to time.
(5) Compensation. Members of the board shall be
compensated fifteen
dollars ($15.00) per meeting, not to exceed one (1) meeting
per month. (1989
Code, § 14-702)
14-703.
Protection of trees. (1) Generally. Except as otherwise provided, the
requirements of this chapter shall only apply to all city owned land and public
right-of-ways located within the jurisdiction of the City of Crossville.
(2) Exceptions. The
requirements of this chapter shall not apply to
emergencies, which may include but are not limited to snow,
ice and rain storms, tornadoes, floods, and similar natural disasters which
cause excessive tree damage throughout the community, in which event the mayor
may suspend these tree protection regulations. (Ord. #1011, Oct. 2003)
14-704. Removal
of protected trees. (1) Intent. It is the intent of this chapter to minimize
the removal of protected trees and to encourage developers to take reasonable
measures to design and locate the proposed improvements so that the number of
protected trees to be removed is minimized. In particular, the design shall
attempt to preserve protected trees.
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(2) Protected
trees. Unless exempt from the provisions of this chapter,
no person shall remove, damage, or in any way alter any
protected tree without approval from the tree board. Any tree which is damaged,
destroyed or removed without approval shall be repaired according to accepted
International Society of Arboricultural practices, or replaced, according to
replacement policy outlined in § 14-706(2).
(Ord. #1011, Oct. 2003)
14-705. Tree
removal. (1) Dead and dying trees that pose a safety or health risk to
residents or to other trees shall be removed in a timely manner. This section
will apply to both public and private trees. The tree board will make the risk
determination, and if appropriate, will cause the tree to be removed. If the
tree is on private property, the tree board will serve notice of said risk, and
give an allowed time for said removal.
(2) The tree
board will upon finding dead or dying trees on private property, notify the
landowner of such tree and encourage the landowner to remove said tree.
(3) Stump
removal to below ground level is considered part of the tree removal process.
(1989 Code, § 14-705)
14-706.
Protection and replacement of trees. (1) Trees removed by owner, developer, or
contractor shall be replaced by the responsible party to meet the required tree
replacement policy.
(2) Each acre
shall attain at least six (6) two (2) inch or greater caliber trees, using
protected or replacement trees, or a combination of both. Compliance with this
provision shall be calculated using gross acreage of the property minus the
portion of the land area currently or proposed to be covered by structures. For
areas smaller than an acre, it will be at the discretion of the code
administrator.
(3) Any
protected tree that is damaged, destroyed or removed shall be replaced on a one
for one basis with a tree that is at least a three (3) inch caliber tree.
(4) In the
event the site has the inability to assure growth of trees on the site due to
its unique soil or topography, then the code administrator has the authority to
recommend exemption or other plant options.
(5) Any
replacement tree, planted for credit, which dies within one (1) year of
planting, shall be replaced by a tree of equal diameter.
(6) Where
construction will be completed under a phased schedule of the building plan,
site work and tree removal for the entire tract may be completed at one time
and replacement of addition of trees can be deferred for a maximum of five (5)
years, so long as each phase is in compliance with the tree replacement
requirements upon completion of that phase, and so long as the entire site is
in compliance with the tree replacement requirements within five (5) years, or
upon completion of the entire project, whichever occurs first. (Ord. #1011,
Oct. 2003)
14-51
14-707. Protection
of trees during development activities.
(1) Generally. To assure the health and survival of
protected trees
that are not to be removed, the city strongly recommends
that developers avoid
the following kinds of tree injuries during all development
activities:
(a) Mechanical injuries to roots, trunk, and branches;
(b) Injuries by chemical poisoning;
(c) Injuries by grade changes;
(d) Injuries by excavations; and
(e) Injuries by paving.
(2) Tree protection
zone. A circular tree protection zone shall be
established around each protected tree as follows:
(a) The
circular area of lands surrounding the tree from the trunk to the outermost
branch, regardless of the tree size.
(b) The configuration of the tree
protection zone may be adjusted upon recommendation of the codes administrator
or tree board and upon verification that measures will be taken during
construction or installation to protect the well being of the tree.
(3) Development
within the tree protection zone can be very detrimental to the health and
survival of protected trees. As such, all development activities, except those
specifically permitted by this ordinance, should be avoided within the tree protection
zone provided for any protected trees, including any construction of buildings,
structures, paving surfaces, and storm water retention/detention ponds. All
temporary construction activities shall also be avoided within tree protection
areas, including all digging, concrete washing, storage of construction
material, and parking of construction vehicles.
(4) Fencing of
tree protection zone. Prior to the commencement of construction, the developer
shall enclose the entire tree protection zone within a fence or similar barrier
as follows:
(a) Wooden or
similar posts at least one and one half (1 ½) by three and one half (3 ½)
inches shall be implanted in the ground deep enough to be stable and with at
least four (4) feet visible above ground.
(b) The
protective posts shall be placed not more than six (6) feet apart, and shall be
linked together by a rope, chain, or fence.
(c) During
construction, each tree protection zone shall be identified with a temporary
sign or signs to clearly demarcate the extent of the zone.
(5) Permitted
activities within tree protection zone. (a) Utility
excavation. Excavating or trenching by duly constituted
utilities shall be
permitted within the tree protection zone, except where the
trees are
historic or specimen, in which case utility lines shall be
tunneled beneath
tree roots in order to protect feeder roots.
(b) Sodding and
ground cover. Placement of sod or other ground
covers and the preparation of the ground surface for such
covers shall be permitted within the tree protection zone.
14-52
(c) This should
be enforced, with exemptions to be approved by
the code enforcement officer, and then only in extreme
circumstances.
(6) Inspections.
(a) All protected trees designated to remain, pursuant
to a tree survey shall be inspected by the tree board
approximately one (1) year following completion of the project to insure that
they are surviving in a healthy condition.
(b) Protected
trees that require repair or replacement shall be determined by the tree board.
(c) Any
protected tree designated to remain which is damaged during construction, or
with damage occurring as a result of construction, shall be repaired according
to accepted International Society of Arboricultural practices, or replaced
according to replacement policy outlined in § 14-706(2). (Ord. #1011, Oct. 2003)
14-708. Parking
reduction for preservation of protected trees.
(1) A reduction
of required parking spaces may be allowed by the Crossville Planning Commission
when the reduction would result in the preservation of a protected tree with a
trunk of twelve (12) inches in diameter or greater.
(2) The reduction
in required parking may be granted only if it will prevent the removal of a
protected tree that is located within the area of the site designated as a
parking lot area. The reduction in required parking spaces shall not exceed the
number of parking spaces required to prevent removal of protected trees, or the
number in the following schedule, whichever is less.
Required Parking Spaces Maximum
Reduction
1-4 0
5-9 1
10-19 2
20+ 10%
(Ord. #1011, Oct. 2003)
14-709.
Prohibited trees. The codes enforcement officer or tree board shall compile a
list of plants considered less desirable within the area of the city
government. Once said list of less desirable plants is duly adopted by the tree
board, the plants included therein may not be used to satisfy the requirements
of the sections above, except as specifically permitted therein. Use of such
trees in excess of the requirements of said sections listed above is
prohibited. All species of trees to be planted on city property must be
approved prior to planting by the Crossville Tree Board. (Ord. #1011, Oct. 2003)
14-53
14-710. Appeal
and penalties. (1) Any person dissatisfied with the decisions, rules,
regulations, and interpretations of the tree board, shall have the right to
appeal to the city council. Appeal shall be within thirty (30) days and shall
be made in writing.
(2) Any person
violating this chapter
shall be deemed
guilty of a
misdemeanor. Each subsequent day that any violation
continues unabated shall constitute a separate offense. (1989 Code, § 14-709,
as amended by Ord. #1011, Oct. 2003)
15-1
TITLE 15 MOTOR VEHICLES, TRAFFIC AND PARKING1
CHAPTER
1. MISCELLANEOUS PROVISIONS.
2. EMERGENCY VEHICLES.
3. SPEED LIMITS.
4. TURNING MOVEMENTS.
5. STOPPING AND YIELDING.
6. PARKING.
7. ENFORCEMENT.
8. TRUCKS, TRAILERS AND HEAVY-DUTY VEHICLE RESTRICTIONS.
9. FINANCIAL RESPONSIBILITY LAW.
CHAPTER 1 MISCELLANEOUS PROVISIONS
SECTION
15-101. Motor
vehicle requirements.
15-102. Driving
on streets closed for repairs, etc.
15-103. Reckless
driving.
15-104. One-way
streets.
15-105. Unlaned
streets.
15-106. Laned
streets.
15-107. Yellow
lines.
15-108. Miscellaneous
traffic control signs, etc.
15-109. General
requirements for traffic control signs, etc.
15-110. Unauthorized
traffic-control signs, etc.
15-111. Presumption
with respect to traffic control signs, etc.
15-112. School
safety patrols.
15-113. Driving
through funerals or other processions.
15-114. Damaging
pavements.
15-115. Clinging
to vehicles in motion.
15-116. Riding
on outside of vehicles.
15-117. Backing
vehicles.
15-118. Projections
from the rear of vehicles.
15-119. Causing
unnecessary noise.
15-120. Vehicles
and operators to be licensed.
1Municipal code reference
Streets, alleys, etc.: title 16, chapter 2.
15-121. Passing.
Change 1, February 12, 2008 15-2
15-122. Motorcycles
and motor-driven cycles.
15-123. [Deleted.]
15-124. Change
of address.
15-125. License
to be carried and exhibited on demand.
15-126. Adoption
of state traffic statutes.
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. (1989 Code, § 15-101)
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. (1989 Code, § 15-102)
15-103.
Reckless driving. Irrespective of the posted speed limit, no person, including
operators of emergency vehicles, shall drive any vehicle in willful or wanton
disregard for the safety of persons or property. (1989 Code, § 15-103)
15-104. 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. (1989 Code, § 15-105)
15-105. 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. (1989 Code, § 15-106)
15-106. Laned
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
15-3
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. (1989 Code,
§ 15-107)
15-107. 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. (1989 Code, § 15-108)
15-108.
Miscellaneous traffic control signs, etc. 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.
No person shall
willfully fail or refuse to comply with any lawful order of any police officer
invested by law with the authority to direct, control or regulate traffic. (1989 Code, § 15-109, modified)
15-109. General
requirements for traffic control signs, etc. Pursuant to Tennessee Code
Annotated, § 54-5-108, all traffic control signs, signals, markings, and
devices shall conform to the latest revision of the Tennessee Manual on Uniform
Traffic Control Devices for Streets and Highways, and shall be uniform as to
type and location throughout the city. (1989 Code, § 15-110, modified)
15-110.
Unauthorized traffic control signs, etc. No person shall place, maintain, or
display upon or in view of any street, any unauthorized sign, 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. (1989 Code, § 15-111)
15-111.
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 city
authority. (1989 Code, § 15-112)
15-4
15-112. 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. (1989 Code, §
15-113)
15-113. 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. (1989 Code, § 15-114)
15-114.
Damaging pavements. No person shall operate upon any street of the city any
vehicle, motor propelled or otherwise, which by reason of its weight or the
character of its wheels or track is likely to damage the surface or foundation
of the street. (1989 Code, § 15-115)
15-115.
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. (1989 Code, §
15-116)
15-116. 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. (1989 Code, § 15-117)
15-117. 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. (1989 Code, § 15-118)
15-118.
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 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. (1989 Code, § 15-119)
15-5
15-119. 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. (1989 Code, § 15-120)
15-120.
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 Classified and Commercial
Driver License Act of 1988."
(1989 Code, § 15-12, modified)
15-121.
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. (1989 Code, § 15-122)
15-122.
Motorcycles and motor-driven cycles. (1) Definitions. A motorcycle is any motor
vehicle having a seat or saddle for the use of the rider and designed to travel
on not more than three wheels in contact with the ground, including a vehicle
that is fully enclosed, has three (3) wheels in contact with the ground, weighs
less than one thousand five hundred pounds (1,500 lbs.), and has the capacity
to maintain posted highway speed limits, excluding a tractor or motorized
bicycle. A motor-driven cycle is every motorcycle and every motor scooter,
including every bicycle with motor attached.
(2) Riding on
motorcycles. (a) A person operating a motor-driven cycle
shall ride only upon the permanent and regular seat attached
thereto, and such operator shall not carry any other person, nor shall any
other person ride on a
15-6
motor-driven cycle, unless such motor-driven cycle is
designed to carry more than one person, in which event a passenger may ride
upon the permanent and regular seat if designed for two persons or upon another
seat firmly attached to the motor-driven cycle at the rear or side of the
operator.
(b) A person shall ride upon a motor-driven
cycle only while sitting astride the seat, facing forward, with one leg on each
side of the motor-driven cycle.
(c) No person
shall operate a motor-driven cycle while carrying any package, bundle, or other
article which prevents him from keeping both hands on the handlebars.
(d) No operator
shall carry any person, nor shall any person ride, in a position that will
interfere with the operation or control of the motor-driven cycle or the view
of the operator.
(e) No person
under the age of sixteen (16) years shall operate any motor-driven cycle while
any other person is a passenger upon said motor vehicle.
(f) Every
person riding or operating a motor-driven cycle shall be subject to the
provisions of all traffic ordinances, rules, and regulations, (including the
anti-noise regulation in § 11-402 in this code) 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 motor-driven cycles.
(3) Driving
upon sidewalk. No person shall drive any motor-driven cycle upon a sidewalk or
sidewalk area except upon a permanent or duly authorized temporary driveway.
(4) Head lamps
and tail lamps. All motor-driven cycles shall carry at least one (1) lighted
headlamp capable of showing a white light visible at least three hundred (300)
feet in the direction in which the same are proceeding, and one tail lamp
mounted on the rear which, when lighted, shall emit a red light plainly visible
from at least three hundred (300) feet to the rear, and such lights required by
this section shall be burning at all times that such vehicles are being
operated on the public streets or highways.
(5) Rear view
mirrors. All motor-driven cycles shall be equipped with a mirror so located as
to reflect to the operator a view of the roadway for a distance of two hundred
(200) feet to the rear of his vehicle.
(6) Crash
helmets. (a) The driver of a motor-driven cycle and any
passenger thereon shall be required to wear either a crash
helmet
meeting federal standards contained in 49 CFR 571.218, or,
if such driver
or passenger is twenty-one (21) years of age or older, a
helmet meeting
the following requirements:
(i) Except as
provided in subdivisions (a)(ii)-(iv), the
helmet shall meet federal motor vehicle safety standards
specified in 49 CFR 571.218;
(ii) Notwithstanding any
provision in 49 CFR 571.218
relative to helmet penetration standards, ventilation
airways may
Change 1, February 12, 2008 15-7
penetrate through the entire shell of the helmet; provided
that no ventilation airway shall exceed one and one-half (1 ½") in
diameter;
(iii) Notwithstanding
any provision in 49 CFR 571.218,
the protective surface shall not be required to be a
continuous contour; and
(iv) Notwithstanding
any provision in 49 CFR 571.218 to
the contrary, a label on the helmet shall be affixed
signifying that
such helmet complies with the requirements the American
Society
for Testing Materials
(ASTM), the Consumer
Product Safety
Commission (CPSM), or the Snell Foundation.
(b) This section
does not apply to persons riding:
(i) Within an
enclosed cab;
(ii) Motorcycles that
are fully enclosed,
have three (3)
wheels in contact with the ground, weigh less than one
thousand five hundred pounds (1,500 lbs.) and have the capacity to maintain
posted highway speed limits;
(iii) Golf carts;
or
(iv) In a parade,
at a speed not to exceed thirty (30) miles
per hour, if the person is eighteen (18) years or older.
(7) Windshield.
Every 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 such motor-driven cycle shall be required to wear safety goggles or a shield
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.
(8) Special
speed limitations. No person shall operate any motor-driven cycle at a speed
greater than the speed limit legally posted; provided, however, in no event nor
at any time may an operator under the age of sixteen (16) years operate a
motor-driven cycle at a speed greater than thirty-five (35) miles per hour.
(9) Violations.
It shall be unlawful for any person to operate or ride on any motor-driven
cycle in violation of this section, and it shall also be unlawful for any
parent or guardian to knowingly permit any minor to operate a motor-driven
cycle in violation of this section.
(1989 Code § 15-123, modified)
15-123.
[Deleted.] (1989 Code, § 15-124, as deleted by Ord. #1099, Aug. 2006)
15-124. Change
of address. It is unlawful for any person to operate a motor vehicle in the
City of Crossville if after applying for or receiving a driver license the
licensee moves from the address named in such application or license, or the
name of the licensee is changed for any reason, without notifying
Change 1, February 12, 2008 15-8
the Tennessee Department
of Safety within
ten (10) days
thereafter of the change or changes.
15-125. License
to be carried and exhibited on demand. Every licensee shall have such
licensee’s driver license in immediate possession at all times when operating a
motor vehicle and shall display it upon demand of any officer of the City of
Crossville Police Department. Where the licensee has previously deposited the
license with the officer or court demanding bail, and has received a receipt
from the officer or the court, it will serve as a substitute for the license
until the specified date for court appearance of the licensee or the license is
otherwise returned to the licensee by the officer or court accepting the
license for deposit.
15-126.
Adoption of state traffic statutes. By the authority granted under Tennessee
Code Annotated, § 16-18-302, the City of Crossville hereby adopts by reference
as if fully set forth in this section, the "Rules of the Road," as
codified in the Tennessee Code Annotated, §§ 55-8-101 through 55-8-131, and §§
55-8-133 through 55-8-180. Additionally, the City of Crossville adopts
Tennessee Code Annotated, §§ 55-8-181 through 55-8-193 and §§ 55-9-601 through
55-9-606 by reference as if fully set forth in this section. (as replaced by
Ord. #1099, Aug. 2006)
15-9
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 or bicycles, and such ambulances and other emergency vehicles as are
designated by the chief of police.
(1989 Code, § 15-201, modified)
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 as may be necessary for safe operation; 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 such vehicle is making use of audible and visual signals meeting the
requirements of the applicable laws of this state, except that while parked or
standing, an authorized emergency vehicle shall only be required to make use of
visual signals meeting the requirements of the applicable laws of this state.
(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. (1989 Code, § 15-202, modified)
15-203.
Following emergency vehicles. No driver of any vehicle shall follow any
authorized emergency vehicle apparently traveling in response to an
1Municipal code reference
Emergency vehicles:
§ 15-501.
15-10
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. (1989 Code, § 15-203)
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. (1989 Code, § 15-204)
15-11
CHAPTER 3 SPEED LIMITS
SECTION
15-301. In general.
15-302. Upon
certain highways.
15-303. At
intersections.
15-304. In school
zones and near playgrounds.
15-305. 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. Judicial
notice may be taken by the city court as to the accuracy of radar as a device
for measuring speed. (1989 Code, §
15-301)
15-302. Upon
certain highways. It shall be unlawful for any person to operate or drive a
motor vehicle upon the following highways or streets at a rate of speed in
excess of the rate contained herein:
(1) On Lantana
Road from the city limits to the intersection of West Avenue, the maximum rate
of speed shall be 30 miles per hour.
(2) On Highway
U.S. 70 East from the city limits to a point 100 feet west of Plateau Bowling
Lanes, the maximum rate of speed shall be 45 miles per hour.
(3) On Highway
U.S. 70 East from a point 100 feet West of Plateau Bowling Lanes to the
intersection of Main Street, the maximum rate of speed shall be 30 miles per
hour.
(4) On Highway
U.S. 70 North from the city limits to the intersection of Obed Street, the
maximum rate of speed shall be 45 miles per hour.
(5) On Highway U.S. 70 North from the
intersection of Obed Street to the intersection of Lantana Road, the maximum
rate of speed shall be 30 miles per hour.
(6) On Highway
U.S. 127 North from the city limits to the intersection of Elmore Road, the
maximum rate of speed shall be 45 miles per hour.
(7) On Highway
U.S. 127 North from the intersection of Elmore Road to the intersection of
Rockwood Highway, the maximum rate of speed shall be 30 miles per hour.
(8) On Highway
U.S. 127 South from the city limits to the intersection of Dunbar Lane, the
maximum rate of speed shall be 45 miles per hour.
(9) On Highway
U.S. 127 South from the intersection of Dunbar Lane to the intersection of
Rockwood Highway, the maximum rate of speed shall be 30 miles per hour.
Change 1, February 12, 2008 15-12
(10) On Highway
U.S. 70 West from the city limits to the entrance to Highland Square Mall, the
maximum rate of speed shall be 45 miles per hour.
(11) On Highway
U.S. 70 West from the entrance to Highland Square Mall to the intersection with
Highway U.S. 70 North and Elmore Road, the maximum rate of speed shall be 30
miles per hour.
(12) On Miller
Avenue from Highway U.S. 127 North (N. Main Street) to Lantana Road, the
maximum rate of speed shall be 40 miles per hour, except for that portion of
the roadway which has been designated as a school zone. On Miller Avenue from
Lantana Road across Highway U.S. 127 South (S. Main Street), to the city
limits, the maximum rate of speed shall be 50 miles per hour.
(13) On Genesis
Road (SR 298) beginning at mile marker 1, north to the city limits on Genesis
Road, maximum rate of speed shall be 40 miles per hour. (1989 Code, § 15-302,
as amended by Ord. #1068, Aug. 2005, and Ord. #1100, Aug. 2006)
15-303. 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. (1989 Code, §
15-303)
15-304. In school
zones and near
playgrounds. Pursuant to
Tennessee Code Annotated, § 55-8-152 the city shall have the
authority to enact special speed limits in school zones. Such special speed
limits shall be enacted based on an engineering investigation; shall not be
less than fifteen (15) miles per hour; and shall be in effect only when proper
signs are posted with a warning flasher or flashers in operation. It shall be
unlawful for any person to violate any such special speed limit enacted and in
effect in accordance with this paragraph.
In school zones
where the city council has not established special speed limits as provided for
above, any person who shall drive at a speed exceeding fifteen (15) miles per
hour when passing a school during a recess period when a warning flasher or
flashers are in operation, or during a period of ninety (90) minutes before the
opening hour of a school or a period of ninety (90) minutes after the closing
hour of a school, while the children are actually going to or leaving school,
shall be prima facie guilty of reckless driving. (1989 Code, § 15-304,
modified)
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 authority of the
city. (1989 Code, § 15-305)
15-13
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 (1989 Code, § 15-401)
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. (1989 Code, § 15-402)
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. (1989 Code, § 15-403)
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.
(1989 Code, § 15-404)
15-405.
U-turns. U-turns are
prohibited. (1989 Code, § 15-405)
1Municipal code reference
Tennessee Code Annotated, § 55-8-143.
15-14
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
"stop" signs.
15-505. At
"yield" signs.
15-506. At
traffic control signals generally.
15-507. At
flashing traffic control signals.
15-508. At
pedestrian 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 or 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. (1989 Code, § 15-501)
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. (1989 Code, § 15-502)
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. (1989 Code, §
15-503)
1Municipal code reference
Emergency vehicles: title 15, chapter 2.
15-15
15-504. At
"stop" signs. The driver of a vehicle facing a "stop" sign
shall bring his vehicle to a complete stop immediately before entering the
cross walk on the near side of the intersection or, if there is no cross walk,
then immediately before entering the intersection, and shall remain standing
until he can proceed through the intersection in safety. (1989 Code, § 15-505)
15-505. 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.
(1989 Code, § 15-506)
15-506. 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
cross walk.
(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 unless authorized so to do by a
pedestrian "Walk" signal.
(3) Steady red
alone, or "Stop":
(a) Vehicular
traffic facing the signal shall stop before entering the cross walk 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.
(b) A right
turn on a red signal shall be permitted at intersections within the city;
provided, that the prospective turning car shall come to a full and complete
stop before turning and that the turning car shall yield the right-of-way to
pedestrians and cross traffic traveling in accordance with their traffic
signal. However, such turn will not endanger other traffic lawfully using the
intersection. A right turn on red shall be permitted at all intersections,
except those that are clearly marked by a "No Turns on Red" sign
erected by the city.
15-16
(c) The driver
of a motorcycle approaching an intersection that is controlled by a
traffic-control signal utilizing a vehicle detection device that is inoperative
due to the size of the motorcycle shall come to a full and complete stop at the
intersection and, after exercising due care as provided by law, may proceed
with due caution when it is safe to do so. It is not a defense to § 15-108,
"Miscellaneous traffic-control signs, etc.," that the driver of a
motorcycle proceeded under the belief that a traffic-control signal utilized a
vehicle detection device or was inoperative due to the size of the motorcycle
when such signal did not utilize a vehicle detection device or that any such
device was not in fact inoperative due to the size of the motorcycle.
(d) Pedestrians
facing such signal shall not enter the roadway unless authorized to do so by a
pedestrian "Walk" signal.
(4) Steady red
with green arrow:
(a) Vehicular
traffic facing such signal may cautiously enter the intersection only to make
the movement indicated by such arrow but shall yield the right-of-way to
pedestrians lawfully within a cross walk and to other traffic lawfully using
the intersection.
(b) Pedestrians
facing such signal shall not enter the roadway unless authorized so to do by a
pedestrian "Walk" signal.
(5) 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.
(1989 Code, § 15-507, modified)
15-507. At
flashing traffic control signals. 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:
(1) Flashing
red (stop signal). When a red lens is illuminated with intermittent flashes,
drivers of vehicles shall stop before entering the nearest cross walk 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.
(2) 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. (1989 Code, § 15-508, modified)
15-508. At
pedestrian control signals. Wherever special pedestrian control signals
exhibiting the words "Walk" or "Wait" or "Don't
Walk" have been placed or erected by the city, such signals shall apply as
follows:
15-17
(1) Walk.
Pedestrians facing such signal may proceed across the roadway in the direction
of the signal and shall be given the right-of-way by the drivers of all
vehicles.
(2) Wait or
Don't Walk. No pedestrian shall start to cross the roadway in the direction of
such signal, but any pedestrian who has partially completed his crossing on the
walk signal shall proceed to the nearest sidewalk or safety zone while the wait
signal is showing. (1989 Code, §
15-509)
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. (1989 Code, §
15-510)
1State law reference
Tennessee Code Annotated, § 55-8-143.
15-18
CHAPTER 6 PARKING1
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. Regulation
by parking meters.
15-607. Lawful
parking in parking meter spaces.
15-608. Unlawful
parking in parking meter spaces.
15-609. Unlawful
to occupy more than one parking meter space.
15-610. Unlawful
to deface or tamper with meters.
15-611. Unlawful
to deposit slugs in meters.
15-612. Presumption
with respect to illegal parking.
15-613. Unauthorized
parking in spaces designated for handicapped.
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 this city 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 chief
of police.
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. (1989 Code, § 15-601)
1Municipal code reference
Parking regulations in fire access areas and in areas
obstructing fire hydrants: title 7, chapter 4.
15-19
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 back a vehicle into such a
parking space but shall park the vehicle with its front wheels next to the curb
or edge of the street. 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. (1989 Code, § 15-602)
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. (1989 Code, §
15-603)
15-604. Where
prohibited. No person shall park a vehicle in violation of any sign placed or
erected by the 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 cross walk.
(6) Within
twenty (20) feet of the driveway entrance to any fire station, and on the side
of the street opposite the entrance to any fire station within seventy-five
(75) feet of the entrance.
(7) Alongside
or opposite any street excavation or obstruction when other traffic would be
obstructed.
(8) On the
roadway side of any vehicle stopped or parked at the edge or curb of a street.
(9) Upon any bridge.
(10) Alongside
any curb painted yellow or red by the city. (1989 Code § 15-604, modified)
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. (1989 Code, § 15-605)
15-606.
Regulation by parking meters. In the absence of an official sign to the
contrary which has been installed by the city, between the hours of 8:00 A.M.
and 6:00 P.M., on all days except Sundays, Independence Day, Thanksgiving Day,
and Christmas Day, parking shall be regulated by parking meters where the same
have been installed by the city. The presumption shall be that all installed
parking meters were lawfully installed by the city. (1989 Code, § 15-606)
15-20
15-607. Lawful
parking in parking meter spaces. Any parking space regulated by a parking meter
may be lawfully occupied by a vehicle only after a proper coin has been
deposited in the parking meter and the said meter has been activated or placed
in operation in accordance with the instructions printed thereon. (1989 Code, § 15-607)
15-608.
Unlawful parking in parking meter spaces. It shall be unlawful for the owner or
operator of any vehicle to park or allow his vehicle to be parked in a parking
space regulated by a parking meter for more than the maximum period of time
which can be purchased at one time. Insertion of additional coin or coins in
the meter to purchase additional time is unlawful.
No owner or
operator of any vehicle shall park or allow his vehicle to be parked in such a
space when the parking meter therefor indicates no parking time allowed,
whether such indication is the result of a failure to deposit a coin or to
operate the lever or other actuating device on the meter, or the result of the
automatic operation of the meter following the expiration of the lawful parking
time subsequent to depositing a coin therein at the time the vehicle was
parked.
While engaged
in loading or unloading merchandise where space is not available at rear of
buildings, trucks may without charge use the parking space not exceeding
fifteen (15) minutes. (1989 Code, §
15-608)
15-609.
Unlawful to occupy more than one parking meter space. It shall be unlawful for
the owner or operator of any vehicle to park or allow his vehicle to be parked
across any line or marking designating a parking meter space or otherwise so
that such vehicle is not entirely within the designated parking meter space;
provided, however, that vehicles which are too large to park within one space
may be permitted to occupy two adjoining spaces provided proper coins are
placed in both meters. (1989 Code, §
15-609)
15-610.
Unlawful to deface or tamper with meters. It shall be unlawful for any
unauthorized person to open, deface, tamper with, willfully break, destroy, or
impair the usefulness of any parking meter. (1989 Code, § 15-610)
15-611.
Unlawful to deposit slugs in meters. It shall be unlawful for any person to
deposit in a parking meter any slug or other substitute for a coin of the
United States. (1989 Code, § 15-611)
15-612.
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. (1989 Code,
§ 15-612)
15-21
15-613.
Unauthorized parking in spaced designated for handicapped. It shall be unlawful
for any person, except a person who meets the requirements for the issuance of
a distinguishing placard or license plate, a disabled veteran's license plate,
or who meets the requirements of Tennessee Code Annotated, § 55-21-105(d), to
park in any parking space designated with the wheelchair disabled sign. All
parking spaced designated for handicapped must be properly marked with the
wheelchair disabled sign and the words, "Unauthorized parking is
punishable by a fine up to $100". (1989 Code, § 15-613)
15-22
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."
15-701.
Issuance of traffic citations. 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. (1989 Code, § 15-701)
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.
(1989 Code, § 15-702)
15-703. Illegal
parking. Whenever any motor vehicle is found parked or stopped in violation of
any of the restrictions imposed by this code, the officer finding the 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.
If the offense
is a parking meter parking violation the offender may, within ten (10) days ,
have the charge against him disposed of by paying to the city court clerk a
fine of ten dollars ($10.00) provided he waives his right to a judicial
hearing. If he appears and waives his right to a judicial hearing after ten
(10) days but before a warrant for his arrest is issued, his fine shall be
fifteen dollars ($15.00). For other parking violations, excepting handicapped
spaces, the offender may similarly waive his right to a judicial hearing and have
the charges disposed of out of court but the fines shall be ten dollars
($10.00)
15-23
within ten (10) days and fifteen dollars ($15.00)
thereafter. If the violation is for parking in a handicapped space, the
offender may similarly waive his right to a judicial hearing and have the
charges disposed out of court but the fine shall be one hundred dollars
($100.00). (1989 Code, § 15-703,
modified)
15-704.
Impoundment of vehicles. Members of the police department are 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
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 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.
(1989 Code, § 15-704)
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. (1989
Code, § 15-705)
15-24
CHAPTER 8
TRUCKS, TRAILERS AND HEAVY-DUTY VEHICLE RESTRICTIONS
SECTION
15-801.
Restrictions on use of certain streets by trucks, trailers and
heavy-duty vehicles. 15-802. Truck
routes. 15-803. Violations and
penalty.
15-801.
Restrictions on use of certain streets by trucks, trailers and heavy-duty
vehicles. (1) Trucks, trailers or heavy-duty vehicles shall not be allowed on
any street which the city manager may designate by appropriate official sign
indicating that such street is so restricted, except that such vehicles may be
operated thereon for the purpose of delivering or picking up materials or
merchandise and then only by entering such street at the intersection nearest
the destination of the vehicle and proceeding thereon further than the nearest
intersection thereafter; provided further, however, that the city manager is
hereby authorized to grant a permit to the operator of the vehicle to be driven
on such street for a greater distance where urgent necessity requires it. This
section shall apply only to vehicles of weight capacity of over one ton.
(2) Exceptions. The following are exceptions to this
section:
(a) The
operation of trucks upon any street where necessary to the conduct of business
at a destination point within the city provided streets designated as truck
routes are used until reaching the intersection nearest the destination point.
(b) The
operation of emergency vehicles upon any street in the city.
(c) The
operation of trucks owned or operated by the city, any contractor or material
man, while engaged in the repair, maintenance, or construction of streets,
street improvements, or street utilities within the city.
(d) School buses.
(e) Recreational vehicles.
(f) If the
truck has been officially detoured through the city by lawful authority so long
as it is being operated upon the street over which such detour is directed.
(3) No person
shall be charged to be in violation of this section unless the streets are so
marked.
(4) Under the
provisions of this section, any street restricted as to commercial truck
traffic shall be subject to the posting of a notice on at least two (2)
occasions in a newspaper of general circulation. Said notice shall be published
at least thirty (30) days prior to the posting of signage on the restricted
street. (1989 Code, § 15-801)
15-25
15-802. Truck
routes. (1) The city manager is hereby authorized to designate, by official
signs, certain streets for traffic by trucks, trailers or heavy-duty equipment
entering, passing through, or departing from the city. This section shall apply
only to vehicles of weight capacity over one ton.
(2) Exceptions. The following are exceptions to this
section:
(a) The
operation of trucks upon any street where necessary to the conduct of business
at a destination point within the city provided streets designated as truck
routes are used until reaching the intersection nearest the destination point.
(b) The
operation of emergency vehicles upon any street in the city.
(c) The
operation of trucks owned or operated by the city, any contractor or material
man, while engaged in the repair, maintenance, or construction of streets,
street improvements, or street utilities within the city.
(d) School buses.
(e) Recreational vehicles.
(f) If the
truck has been officially detoured through the city by lawful authority so long
as it is being operated upon the street over which such detour is directed.
(3) No person
shall be charged to be in violation of this section unless the streets are so
marked.
(4) Nothing in
this section shall be construed to prevent a citizen who lives on or about a
designated street from traveling to and from his house, for purposes of truck
deliveries, the intention of this section being to restrict and prevent thru
traffic on the restricted streets.
(5) Under the
provisions of this section, any street designated as a truck route shall be
subject to the posting of a notice on at least two (2) occasions in a newspaper
of general circulation. Said notice shall be published at least thirty (30)
days prior to the posting of signage of the truck route. (1989 Code, § 15-802)
15-803.
Violations and penalty. It shall be unlawful for any person to violate any
provisions of this chapter. Violations shall be punished in accordance with the
general penalty provision of this municipal code of ordinances. (1989 Code, § 15-803)
15-26
CHAPTER 9 FINANCIAL RESPONSIBILITY LAW
SECTION
15-901. Compliance
with financial responsibility law required.
15-902. Civil
offense.
15-903. Evidence of
compliance after violation.
15-901. Compliance
with financial responsibility law required.
(1) Every
vehicle operated within the corporate limits must be in compliance with the
financial responsibility law.
(2) At the time
the driver of a motor vehicle is charged with any moving violation under
Tennessee Code Annotated title 55, chapters 8 and 10, parts 1-5, chapter 50;
any provision in this title of this municipal code; or at the time of an
accident for which notice is required under Tennessee Code Annotated, §
55-10-106, the officer shall request evidence of financial responsibility as
required by this section. In case of an accident for which notice is required
under Tennessee Code Annotated, § 55-10-106, the officer shall request such
evidence from all drivers involved in the accident without regard to apparent
or actual fault.
(3) For the purposes of this section "financial responsibility"
means:
(a)
Documentation, such as the declaration page of an insurance policy, an
insurance binder, or an insurance card from an insurance company authorized to
do business in Tennessee, stating that a policy of insurance meeting the
requirements of the Tennessee Financial Responsibility Law of 1977, compiled in
Tennessee Code Annotated, chapter 12, title 55, has been issued;
(b) A
certificate, valid for one (1) year, issued by the commissioner of safety,
stating that a cash deposit or bond in the amount required by the Tennessee
Financial Responsibility Law of 1977, compiled in Tennessee Code Annotated,
chapter 12, title 55, has been paid or filed with the commissioner, or has
qualified as a self-insurer under Tennessee Code Annotated, § 55-12-111; or
(c) The motor
vehicle being operated at the time of the violation was owned by a carrier
subject to the jurisdiction of the department of safety or the interstate
commerce commission, or was owned by the United States, the State of Tennessee
or any political subdivision thereof, and that such motor vehicle was being
operated with the owner's consent. (1989 Code, § 15-901)
15-902. Civil
offense. It is a civil offense to fail to provide evidence of financial
responsibility pursuant to this chapter. Any violation of this chapter is
punishable by a civil penalty of up to fifty dollars ($50). The civil penalty
15-27
described by this chapter shall be in addition to any other
penalty prescribed by the laws of this state or by the city's municipal code of
ordinances. (1989 Code, § 15-902)
15-903.
Evidence of compliance after violation. On or before the court date, the person
charged with a violation of this chapter may submit evidence of compliance with
this chapter in effect at the time of the violation. If the court is satisfied
that compliance was in effect at the time of the violation, the charge of
failure to provide evidence of financial responsibility may be dismissed. (1989 Code, § 15-903)
16-1
TITLE 16 STREETS AND SIDEWALKS, ETC.1
CHAPTER
1. MISCELLANEOUS.
2. EXCAVATIONS AND CUTS.
3. OFFICIAL STREET NAMES.
4. PROPERTY NUMBERING.
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
regulated.
16-111. Animals
and vehicles on sidewalks.
16-112. Fires
in streets, etc.
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. (1989 Code, § 16-101)
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, or sidewalk at a height of less than fourteen (14)
feet. (1989 Code, § 16-102)
16-103. Trees,
etc., obstructing view at intersections prohibited. It shall be unlawful for
any property owner or occupant to have or maintain on
1Municipal code reference
Motor vehicles and traffic:
title 15.
16-2
his property any tree, hedge, billboard, or other
obstruction which prevents persons driving vehicles on public streets or alleys
from obtaining a clear view of traffic when approaching an intersection. (1989 Code, § 16-103)
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 (1989 Code, § 16-104)
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.
Applications
for banner permits must be filed with the city clerk and include the name of
the person, group, or business requesting the banner, proposed location,
proposed dates, and purpose of the banner. Applications must agree to provide
the city with a certificate of insurance containing a minimum of fifty thousand
dollars ($50,000) liability insurance and sign a "hold harmless
agreement" before the banner is erected.
Banners must
not be placed within fifty (50) feet of the corner of an intersection or in
such a manner as to obstruct the vision of motorists or cover any traffic
control devices, and shall not be placed or allowed at a height less than
sixteen (16) feet. (1989 Code, §
16-105)
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. (1989 Code, § 16-106)
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 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. (1989 Code, §
16-107)
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. (1989 Code, § 16-108)
1Municipal code reference
Building code:
title 12, chapter 1.
16-3
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 or ice from the abutting sidewalk. (1989 Code, § 16-109)
16-110.
Parades 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 city manager. No permit shall
be issued by the city manager unless such activity will not unreasonably
interfere with traffic and unless such 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. (1989 Code, § 16-110)
16-111. Animals
and vehicles on sidewalks.1 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 a 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. (1989 Code, § 16-112)
16-112. 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. (1989 Code, § 16-113)
1Municipal code reference
Animal control:
title 10.
16-4
CHAPTER 2 EXCAVATIONS AND CUTS1
SECTION
16-201. Permit
required.
16-202. Applications.
16-203. Fee.
16-204. 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, public place, or city
right-of-way, or to tunnel under any street, alley, public place or city
right-of-way 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 practically be obtained beforehand. The person
shall thereafter apply for a permit on the first regular business day on which
the office of the city manager is open for business and said permit shall be
retroactive to the date when the work was begun. (1989 Code, § 16-201)
16-202.
Applications. Applications for such permits shall be made to the city manager
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,
1Municipal code reference
Grading, filling, and excavating: title 13, chapter 5.
State law reference
§§ 16-201 through 16-209 in this chapter were taken
substantially from the ordinance upheld by the Tennessee Supreme court in the
case of City of Paris, Tennessee v. Paris-Henry County Public Utility District,
340 S.W.2d 885 (1960).
16-5
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 to the work to be done. Such application shall
be rejected or approved by the city manager within one business day of its
filing. (1989 Code, § 16-202)
16-203. Fee.
The fee for such permits shall be twenty-five dollars ($25.00) for excavations
which do not exceed twenty-five (25) square feet in area or tunnels not
exceeding twenty-five (25) feet in length; and one dollar ($1.00) for each
additional square foot in the case of excavations, or lineal foot in the case
of tunnels; but not to exceed two thousand dollars ($2000.00) for any
permit. (1989 Code, § 16-203)
16-204. Bond. A
surety bond must be filed in such form and amount as the city manager or his
designee shall deem adequate to cover the costs to the city if the applicant
fails to make proper restoration.
(1989 Code, § 16-204)
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. (1989 Code, §
16-205)
16-206.
Restoration of streets, etc. Any person, firm, corporation, association, or
others making any excavation or tunnel in or under any street, alley, public
place or city right-of-way in this city shall restore said street, alley public
place or right-of-way to its original condition. In case of unreasonable delay
in restoring the street, alley, public place, or right-of-way the city manager
shall give notice to the person, firm, corporation, association, 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
tunnel. (1989 Code, § 16-206)
16-207.
Insurance. In addition to making 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
16-6
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
city manager in accordance with the nature of the risk involved; provided,
however, that the liability insurance for bodily injury shall not be less than
one hundred thousand dollars ($100,000) for each person and three hundred
thousand dollars ($300,000) for each accident, and for property damages not
less than twenty-five thousand dollars ($25,000) for any one (1) accident, and
a seventy-five thousand dollar ($75,000) aggregate. (1989 Code, § 16-207)
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 city manager. (1989 Code, § 16-208)
16-209. Supervision. The city manager or
his designee shall inspect all excavations and tunnels being made in or under
any public street, alley, public place or city right-of-way 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. (1989 Code, § 16-209)
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 city manager. 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 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. (1989 Code, §
16-210)
16-7
CHAPTER 3 OFFICIAL STREET NAMES
SECTION
16-301. Official
system of street names established. 16-302.
Ordinance required to change street name. 16-303. New streets.
16-301.
Official system of street names established. There is hereby established an
official system of street names in the City of Crossville as shown on the map
entitled City of Crossville, Official Street Map, 2005, or any future revision,
containing signatures of planning commission chairman and mayor. This map has
been produced by the Crossville Regional Planning Commission and contains an
index of street names and of subdivisions. A copy of this map is on record in
the office of city clerk. (1989 Code, § 16-301, as amended by Ord. #1063, June
2005)
16-302.
Ordinance required to change street name. Names of streets in the City of
Crossville shall remain as shown on said map unless hereafter officially
changed by ordinance. (1989 Code, § 16-302)
16-303. New streets. No new streets shall be
accepted by the city nor municipal improvements made thereto until such streets
have been named; if they are extensions of existing streets, the existing names
shall be continued, and if not extensions, names recorded shall not duplicate
or closely approximate street names already assigned. (1989 Code, § 16-303)
16-8
CHAPTER 4 PROPERTY NUMBERING
SECTION
16-401. Numbering
of properties.
16-402. Placement
of identifying numbers.
16-403. Penalties.
16-401. Numbering of properties. The
property number mapping system developed by the Cumberland County Emergency
Communications District (E-911) in hereby adopted. It shall be the
responsibility of the owner of record of each residence, building, structure,
or place of business (excepting sheds and accessory buildings) opening upon or
having access to any street within the City of Crossville to display the
property number assigned by E-911 in a manner as to be visible from the center
line of the adjacent street on which the property is located. To avoid any
confusion, any previous or non-compliant numbers or addresses must be removed.
All properties
used as places of business or employment located in a shopping center shall
bear the street number assigned by E-911 addressing on all doors with a
reflective material. Numerals for rear doors may be requested, at no charge,
from the Crossville Police Department. (1989 Code, § 16-401, as amended by Ord.
#1012, Oct. 2003)
16-402.
Placement of identifying numbers. The assigned property number shall be placed
upon the portion of the structure and/or within any yard area which is adjacent
to or in close proximity to the primary entrance of such structure; and shall
be of a type that is readable from the center line of the adjacent street on
which the property is located. (1989 Code, § 16-402, as amended by Ord. #1012,
Oct. 2003)
16-403.
Penalties. Violations of this chapter shall be a misdemeanor and may be punished
by a fine of ten dollars ($10.00). Each separate day such violation is
continued shall constitute a separate offense.
(1989 Code, § 16-403)
Change 1, February 12, 2008 17-1
TITLE 17 REFUSE AND TRASH DISPOSAL
CHAPTER
1. REFUSE.
CHAPTER 1 REFUSE
SECTION
17-101. Refuse
and solid waste 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.
17-109. Dead
animals.
17-110. Violations
and penalty.
17-101. Refuse
and solid waste defined. Refuse and solid waste shall mean and include garbage,
rubbish, leaves, brush and refuse as those terms are generally defined except
that dead animals and fowls, body wastes, waste oil, wet paint, auto batteries,
tires, hazardous waste, wire, scrap metal, medical waste, hot ashes, rocks,
concrete, bricks, and similar materials are expressly excluded therefrom and
shall not be stored therewith. (1989 Code, § 17-101, as amended by Ord. #1127,
May 2007)
17-102.
Premises to be kept clean. All persons within the city are required to keep
their premises in a clean and sanitary condition, free from accumulations of
solid waste except when stored as provided in this chapter. (1989 Code, §
17-102)
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 keep and maintain an adequate number of fully-automated
refuse containers. All cans or containers shall be made of metal or other
approved impervious material. No such can or container shall be larger than
thirty-two (32) gallons in size or capacity. All such cans or containers shall
have a securely and tightly-fitting removable top. All such cans or containers
larger than ten (10) gallons in size and capacity shall be equipped
Change 1, February 12, 2008 17-2
with two (2) handles, one handle on opposite sides thereof.
All plastic bags shall be of a strength of two (2) mils and have a capacity of
a minimum of twenty (20) gallons and a maximum of thirty-two (32) gallons. All
such plastic bags shall be securely tied at the top and not more than fifty
(50) pounds shall be placed therein. The combined weight of any manually
handled refuse container or plastic bag and its contents shall not exceed fifty
(50) pounds. In no case shall the number of cans or approved plastic bags
exceed four (4) per residence or place of business per pick-up. The maximum capacity
shall not apply to mechanically handled containers. Pick-up of items not
suitable for refuse containers, such as tree trimmings, hedge clippings,
similar materials, or other debris, shall be picked up according to guidelines
adopted as policy by the city council.
All vendors of
prepared food for off-premises consumption shall be required, in addition to
all other requirements of this title, to provide a minimum of the following:
(1) One (1)
refuse container of appropriate size near each exit of the building; and
(2) One (1)
refuse container of appropriate size at the end of any drive-thru window, where
that lane reconnects into the main part of the parking lot; and
(3) One (1) refuse container in the main
parking lot, plus one (1) refuse container per every thirty (30) parking spaces
contained in the total parking area.
All owners of
parking lots, containing or consisting of more than twenty (20) parking spaces,
shall be required to provide a minimum number of 1 refuse containers as
described herein, per every fifty (50) parking spaces, appropriately and
systematically arranged throughout the said parking lot and/or shopping center
for the proper disposal of refuse.
(1989 Code, § 17-103)
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, and adjoining to the property from which the container
belongs, 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 an inconspicuous place if they
are not already in such a place. (1989 Code, § 17-104, as amended by Ord.
#1155, Dec. 2007)
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
17-3
the use of
public refuse containers
for their intended
purpose. (1989 Code, § 17-105)
17-106.
Collection. All refuse accumulated within the corporate limits shall be
collected, conveyed, and disposed of under the supervision of the city manager
or his/her designee. Collections shall be made regularly in accordance with an
announced schedule. In no case shall the number of fully-automated containers
exceed two (2) per residence or two (2) per place of business per pickup. The
city shall not be responsible for cleaning up areas where a container is
knocked over and the contents spilt on the ground or the area around the
container. (1989 Code, § 17-106)
17-107.
Collection vehicles. The collection of refuse shall be by means of
fully-automated collection vehicles with beds construed 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. (1989 Code, § 17-107)
17-108.
Disposal. The disposal of refuse in any quantity by any person in any place,
public or private including sites designated for recyclable materials, other
than at the site or sites designated for refuse disposal by the city council is
expressly prohibited. (1989 Code, §
17-108)
17-109. Dead
animals. It shall be unlawful for anyone to knowingly place or cause to be
placed the carcass of any dead animal of any kind in the city's refuse
collection system. The city's refuse
collection is hereby defined as:
(1) City operated dumpsters
(2) City operated fully-automated containers
(3) Any other
area from which the city collects refuse and/or garbage. (1989 Code, § 17-109)
17-110.
Violations and penalty. The violations of this chapter shall be a misdemeanor
and shall be punished in accordance with the general penalty provision of this
code of ordinances.
The
jurisdiction to determine a violation of this chapter is vested solely in the
City Court of the City of Crossville, Tennessee. (1989 Code, § 17-110)
18-1
TITLE 18
WATER AND SEWERS1
CHAPTER
1. WATER AND SEWER ADMINISTRATION.
2. SEWAGE DISPOSAL.
3. GREASE CONTROL PROGRAM.
4. CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.
CHAPTER 1 WATER AND SEWER ADMINISTRATION
SECTION
18-101. Application
and scope.
18-102. Definitions.
18-103. Application
and contract for service.
18-104. Non-refundable
service charge.
18-105. Service
charges for temporary service.
18-106. Connection
charges.
18-107. Main
extensions to areas within the city limits.
18-108. Main
extensions to areas outside the city limits.
18-109. Variances
from and effect of preceding rules as to extensions.
18-110. Meters.
18-111. Meter
tests.
18-112. Schedule
of rates.
18-113. Multiple
services through a single meter.
18-114. Billing.
1On August
9, 2005, pursuant to the authority of Tennessee Code Annotated, § 7-82-202(f),
the Catoosa Utility District consolidated with the City of Crossville by the
transfer of all of the district's property and obligations to a separate
department, the Catoosa Utility Department, within the city. See the following
ordinances in the office of the city clerk: Ordinance # 1034, authorizing
consolidation of the Catoosa Utility District with the city; Ordinance #1070
authorizing creation of the Catoosa Utility Department within the city; and
Ordinance #1047 authorizing an interim operating agreement with the Catoosa
Utility District.
Municipal code references
Building, utility, etc., code: title 12.
Mutual aid and emergency assistance: title 20, chapter 4.
18-2
18-115. Discontinuance
or refusal of service.
18-116. Re-connection
charge.
18-117. Termination
of service by customer.
18-118. Access
to customers' premises.
18-119. Inspections.
18-120. Customer's
responsibility for system's property.
18-121. Customer's
responsibility for violations.
18-122. Supply
and resale of water.
18-123. Unauthorized
use or interference with water supply.
18-124. Limited
use of unmetered private fire line.
18-125. Damages
to property due to water pressure.
18-126. Liability
for cut-off failures.
18-127. Drought
contingency plan.
18-128. Interruption
of service.
18-129. Disposition
of water and sewer revenues.
18-130. Priorities
of water and sewer projects.
18-131. Underground
utilities.
18-132. Residential
grinder pumps.
18-101.
Application and scope. These rules and regulations are a part of all contracts
for receiving water service and sewer service from the city and shall apply
whether the service is based upon contract, agreement, signed application, or
otherwise. (1989 Code, § 18-101)
18-102.
Definitions. (1) "Customer" means any person, firm, or corporation
who receives water service from the city under either an express or implied
contract.
(2)
"Household" means any two (2) or more persons living together as a
family group.
(3)
"Service line" shall consist of the pipe line extending from any
water main of the city to private property. Where a meter and meter box are
located on private property, the service line shall be construed to include the
pipe line extending from the city's water main to and including the meter and
meter box.
(4)
"Discount date" shall mean the date nine (9) days after the date of a
bill, except when some other date is provided by contract. The discount date is
the last date upon which water bills can be paid at net rates.
(5)
"Dwelling" means any single residential unit or house occupied for
residential purposes. Each separate apartment unit, duplex unit or other
multiple dwelling unit shall be considered a separate dwelling.
(6)
"Premise" means any structure or group of structures operated as a
single business or enterprise, provided, however, the term "premises"
shall not include more than one (1) dwelling.
(1989 Code, § 18-102, modified)
18-3
18-103.
Application and contract for service. Each prospective customer desiring water
service or sewer service will be required to sign a standard form contract
before service is supplied. If, for any reason, a customer, after signing a
contract for water service or sewer service, does not take the service by
reason of not occupying the premises or otherwise, he shall reimburse the city
for the expense incurred by reason of its endeavor to furnish said service. The
receipt of a prospective customer's application for service and service charge
shall not obligate the city to render the service applied for. If the service
applied for cannot be supplied in accordance with these rules, regulations, and
general practice, the liability of the city to the applicant for such service
shall be limited to the return of any service charge made by such
applicant. (1989 Code, § 18-103,
modified)
18-104.
Non-refundable service charge. In order to cover the costs associated with the
supplying and removing of service, a non-refundable service charge will be
required from each customer upon application for service. The non-refundable
service charge will be paid in accordance with such schedule as the city may
from time to time adopt by resolution. Failure to pay such service charge will
give the city the right to declare the contract forfeited and to refuse
service. (1989 Code, § 18-104)
18-105. Service
charges for temporary service. Customers requiring temporary service shall pay
all costs for connection and disconnection incidental to the supplying and
removing of service in addition to the regular charge for water and/or sewer
service used. (1989 Code, § 18-105)
18-106. Connection
charges. Service lines will be laid by the city from the water or sewer main to
the property line at the expense of the city. The location of such lines will
be determined by the city.
Before a new
service line will be laid by the city, the applicant shall pay such fee as the
city may from time to time prescribe.
When a service
line is completed, the city shall be responsible for the maintenance and upkeep
of such service line from the main to and including the meter and meter box,
and such portion of the service line shall belong to the city. The remaining
portion of the service line beyond the meter box shall belong to and be the
responsibility of the customer.
All water and
sewer tapping fees shall be paid in advance based on estimated costs and shall
be adjusted by additional payment or refund upon completion by anyone directly
or indirectly commencing service. All connections to the water and sewer system
shall be made by the City of Crossville or contractors working directly for the
city. No tapping fees shall be accepted until the city manager has determined
that service is available or can be extended to the customer. It shall be
illegal for anyone to receive water or sewer service without complying with the
above procedures.
18-4
Any customer
receiving water or sewer service without complying with the above procedures
shall be assessed a penalty amounting to three times the normal tapping fee in
effect at the time the violation is discovered. Such penalty shall be in addition
to the normal tapping fee. (1989 Code,
§ 18-106)
18-107. Main
extensions to areas within the city limits. The provisions of this section
shall apply only to water main and sewer main extensions to areas within the
city limits. This section shall in no event be applicable to land development
projects, failed subdivisions, and subdivision promotion, even though
accompanied by the erection of occasional houses within such areas. (The
requirements and procedures for main extensions for land development projects
and subdivision promotions are to be set forth in a separate section.)
All water mains
installed pursuant to the provisions of this section shall be of any material
approved by the city engineers or State Department of Environment and
Conservation, and shall be of not less than six (6) inches in diameter. All
sewer mains installed pursuant to the provisions of this section shall be of
not less than eight (8) inches in diameter and shall meet the specifications
prescribed by the city. However, an appropriately sized low pressure sewer
system of line may be installed when it is deemed to be in the best interest of
the city for financial, geographical, and/or other municipal considerations.
The city will designate the size, type and/or brand or pump and line. (The
requirements, procedures, and specifications for low pressure sewer and grinder
pump installation are set forth in § 18-132.) All water and sewer mains shall
be installed either by municipal forces or by other forces working directly
under the supervision of the city. The placement and relocation of water line
must not be below four and one-half feet (4½') from finished grade level. The
placement and relocation of gravity sewer lines will be at a grade level
determined by city officials. The placement and relocation of low pressure and
force main sewer lines will be at a minimum grade level of two feet (2') and a
maximum grade level of five feet (5'). Final inspection by the city will be
required following installation and before final hook-up.
Upon completion
of such extensions and their approval by the city, such water and sewer mains
shall become the property of the city. When excavated material is placed over a
utility line and alters the depth beyond the maximum depth, the utility must be
raised or otherwise relocated by the excavator and/or developer to the
standards delineated above. The persons paying the cost of construction of such
mains shall execute any written instruments requested by the city to provide
evidence of the city's title to such mains. In consideration of such mains
being transferred to it, the city shall incorporate said mains as an integral
part of the city water system and sewer system and shall furnish water and
sewer service therefrom in accordance with these rules and regulations, subject
always to such limitations as may exist because of the size and elevation of
said mains. (1989 Code, § 18-107)
18-5
18-108. Main
extensions to areas outside the city limits. The provisions of this section
shall apply to all areas outside the city limits. (But excepting main
extensions for land development projects and subdivision promotion.) Customers
desiring water main extensions pursuant to this section must pay all of the
material cost of making such extensions. In addition, the applicable tapping
fees will be required. In this regard, it will be necessary for customers to
deposit with the city an amount equal to the estimated cost of such materials
(estimate to be developed by the city manager). Upon completion of the project,
the customer will be billed or refunded in the amount of the variance from the
estimate. The city will furnish labor and machines for installation. All water
mains installed pursuant to the provisions of this section shall be of any
material approved by the city engineers or the State Department of Environment
and Conservation, and shall be of not less than six (6) inches in diameter. All
water mains shall be installed either by municipal forces or by other forces
working directly under the supervision of the city. The placement and
relocation of water line must not be below four and one-half feet (4½') from
finished grade level. The placement and relocation of gravity sewer lines will
be at a grade level determined by city officials. The placement and relocation
of low pressure and force main sewer lines will be at a minimum grade level of
two feet (2') and a maximum grade level of five feet (5'). Final inspection by
the city will be required following installation and before final hook-up.
Upon completion
of such extensions and their approval by the city, such water mains shall
become the property of the city. When excavated material is placed over a
utility line and alters the depth beyond the maximum depth, the utility must be
raised or otherwise relocated by the excavator and/or developer to the
standards delineated above. The persons paying the cost of construction of such
mains shall execute any written instruments requested by the city to provide
evidence of the city's title to such mains. In consideration of such mains
being transferred to it, the city shall incorporate said mains as an integral
part of the city water system and shall furnish water therefrom in accordance
with these rules and regulations, subject always to such limitations as may
exist because of the size and elevation of said mains. (1989 Code, § 18-108)
18-109.
Variances from and effect of preceding rules as to extensions. Whenever the
city council is of the opinion that it is to the best interest of the water
system to construct a water main extension without requiring strict compliance
with §§ 18-107 and 18-108, such extension may be constructed upon such terms
and conditions as shall be approved by the majority of the members of the city
council.
The authority
to make water main extensions under §§ 18-107 and 18-108 is permissive only,
and nothing contained therein shall be construed as requiring the city to make
water main extensions or to furnish service to any person or persons. (1989 Code, § 18-109)
18-6
18-110. Meters.
All meters shall be installed, tested, repaired, and removed by the city.
No one shall do
anything which will in any way interfere with or prevent the operation of a
meter. No one shall tamper with or work on a water meter without the written
permission of the city. No one shall install any pipe or other device which
will cause water to pass through or around a meter without the passage of such
water being registered fully by the meter.
(1989 Code, § 18-110)
18-111. Meter
tests. The city will, at its own expense, make routine tests of meters when it
considers such tests desirable.
The city will
also make tests or inspections of its meters at the written request of the
customer. However, if a test requested by a customer shows a meter to be
accurate within the limits stated, the customer shall reimburse the city for
all costs (including transportation) incurred in testing the meter. Copies of
bills will be provided at the request of the customer.
If such test
shows a meter not be accurate within such limits, the cost of such meter test
shall be borne by the city.
Meter Size Error
Limit
5/8", 3/4", 1" 2%
1-1/2", 2" 2%
3" 3%
4" 4%
6"
and over 5%
(1989 Code, § 18-111)
18-112.
Schedule of rates. All water furnished by the city shall be measured or estimated
in gallons to the nearest multiple of one thousand (1,000) and shall be
furnished under such rate schedules as the city may from time to time adopt by
resolution or ordinance.
The monthly
rates charged and collected by the city for sewerage service shall be based on
water consumption by the consumer in accordance with such schedule as the city
may from time to time adopt by resolution or ordinance.1 (1989 Code, § 18-112)
18-113.
Multiple services through a single meter. No customer shall supply water
service to more than one household, tenant, dwelling, mobile home, apartment
unit or other premise from a single service line and meter without first
obtaining the written permission of the city.
Where the city gives
1Such
ordinances and resolutions are of record in the office of the
city clerk.
18-7
permission to allow more than one household, dwelling,
tenant, mobile home, apartment unit or other premise to be served through a
single service line or meter, water and sewer charges shall be at such rate or
rates as the city may from time to time adopt by resolution. (1989 Code, § 18-113)
18-114.
Billing. Bills for all services will be rendered monthly. Water and sewer bills
must be paid on or before the due date shown thereon. Payments made after the
due date will incur a penalty charge at a rate determined by resolution of the
Crossville City Council. Failure to receive bill will not release customer from
payment obligation, nor extend the due date.
In the event
that either water and/or sewer bills are not paid on or before the due date,
any or all utility service may be discontinued without notice to customer and
not again resumed until all service bills are paid; and the city shall not be
liable for damages on account of discontinuing service at any time after the
due date even though payment of such bills be made on the same date either
before or after service is actually discontinued.
Should the due
date of payment of the bill fall on a weekend or a holiday, the business day
next following the due date will be held as the last day to obtain the rate
without penalty. Net remittances received by mail after the time limit for
payment of said rate will be accepted by the city if the incoming envelope
bears United States Post Office date stamp of the final date for payment of the
amount, or any date prior thereto, or of the day next after due date for
payment if postmarked "A.M."
No customer
shall be entitled to pay any bill without penalty while such customer is
delinquent in the payment of any obligation owed the city by such customer.
If a meter fails to
register properly, or if a meter is removed to be tested or repaired or if
water is received other than through a meter, city reserves the right to render
and collect an estimated bill based on the best information available. (1989 Code, § 18-114, modified)
18-115. Discontinuance or refusal of
service. The city shall have the right to discontinue service or to refuse to
connect service in the case of a violation
of, or a
failure to comply
with, any provision
contained herein.
Such right to
discontinue service shall apply to all service received through a single tap or
service, even though more than one customer or tenant is furnished service
therefrom, and even though the delinquency or violation is limited to only one
such customer or tenant.
Discontinuance
of service by the city for any causes stated in these rules and regulations
shall not release the customer from liability for service already received or
from liability for payments that thereafter become due under the minimum bill
provisions or other provisions of the customer's contract.
The city shall
have the right to refuse to render service to any applicant or to any land or
discontinue service to any user whenever
the applicant or
18-8
previous owner of land, user, or any member of the
household, company, or firm to which such service is to be furnished, is in
default in the payment of any obligation to the city or has theretofore had his
service discontinued because of a violation of these rules and regulations.
Such an unpaid obligation is hereby made a lien against land and attaches to
land and is binding on all future owners of land.
If the city
should for any reason begin to render service to an applicant to whom it has a
good and valid reason for refusing to render such service, said city may
discontinue such service at any time within one year after it is begun, even
though the customer does nothing to justify the discontinuance of service
during the time such service is being rendered.
Service
connections are prohibited from EDA-funded facilities to any new
development within any jurisdictional freshwater wetland(s),
Federal
Emergency Management (FEMA) designated 100 year flood plan,
prime
farmland or endangered or
threatened species
habitat. "Jursidictional
freshwater wetlands" are hereby defined in accordance
with the U.S. Army Corps of Engineers Manual for the identification of
wetlands. (1989 Code, § 18-115)
18-116.
Re-connection charge. Whenever
service has been
discontinued as provided for above, a re-connection charge
will be applied in accordance with fees and policies as the city may from time
to time adopt by resolution. (1989
Code, § 18-116)
18-117.
Termination of service by customer. Customers who have fulfilled their contract
terms and wish to discontinue service must give written notice at the city's
office. (1989 Code, § 18-117)
18-118. Access to
customers' premises. The
city's identified
representatives and employees shall be granted access to all
customers' premises at all reasonable times for the purpose of reading meters,
testing, inspecting, repairing, removing, and replacing all equipment belonging
to the city. All meters shall be kept free of weeds, trees, rocks, debris, or
other structures which hinder reading and maintenance work. No fences shall be
erected around meters without gates accessible from the street directly, and in
close proximity, to the meter. No animals shall be kept around meters which
could be hazardous to city employees or their representatives.
Customers in
violation will receive written notice with instructions for bringing the
premises into compliance. If corrections are not made within sixty (60) days of
the date of notice, customer's service will be disconnected and not resumed
until corrections are made to the city's satisfaction. (1989 Code, § 18-118)
18-9
18-119.
Inspections. The city shall have the right, but shall not be obligated, to
inspect any installation or plumbing system before water service is furnished
or at any later time. The city reserves the right to refuse or discontinue
service to any plumbing or other installation not in accordance with the
standards fixed by city ordinances regulating plumbing or other requirements of
the city.
Any failure to
inspect or reject a customer's installation or plumbing system shall not render
the city liable or responsible for any loss or damage which might have been
avoided, had such inspection or rejection been made.
During the
course of normal meter reading activities, should the city discover a major
leak on customer's service line, the city reserves the right to shut off,
without immediate notice, service at the meter. Every attempt will be made to
notify customer of this action as soon as possible in person, by telephone, by
written notice at the building or residence, or by mail. The city shall not be
liable for any damages from such interruption of service or for damages from
the resumption of service without notice after any such interruption. (1989 Code, § 18-119)
18-120.
Customer's responsibility for system's property. Except as herein elsewhere
expressly provided, all meters, service connections, and other equipment
furnished by the city shall be and remain the property of the city. Each
customer shall provide space for and exercise proper care to protect the
property of the city on his premises. In the event of loss or damage to such
property, arising from the neglect of a customer to properly care for same, the
cost of necessary repairs or replacements shall be paid by the customer. (1989
Code, § 18-120)
18-121.
Customer's responsibility for violations. Where the city furnishes water
service to a customer, such customer shall be responsible for all violations of
these rules and regulations which occur on the premises so served. Personal
participation by the customer in any such violations shall not be necessary to
impose such personal responsibility on him. (1989 Code, § 18-121)
18-122. Supply
and resale of water. All water shall be supplied within the city exclusively by
the city and no customer shall, directly or indirectly, sell, sublet, assign,
or otherwise dispose of the water or any part thereof, except with written
permission from the city. (1989 Code, §
18-122)
18-123.
Unauthorized use or interference with water supply. No person shall turn on or
turn off any of the city's stop cocks, valves, hydrants, spigots, fire plugs,
or valves without permission or authority from the city. (1989 Code, § 18-123)
18-10
18-124. Limited
use of unmetered private fire line. Where a private fire line is not metered,
no water shall be used from such line or from any fire hydrant thereon, except
to fight fire or except when being inspected in the presence of an authorized
agent of the city. (1989 Code, § 18-124)
18-125. Damages
to property due to water pressure. The city shall not be liable to any customer
for damages caused to his plumbing or property by high pressure, low pressure,
or fluctuations in pressure in the city's water mains. (1989 Code, § 18-125)
18-126.
Liability for cut-off failures. The city shall not be liable for any loss or
damage resulting from cut-off failures. If a customer wishes to avoid possible
damage for cut-off failures, the customer shall rely exclusively on privately
owned cut-offs and not on the city's cut-off. Also, the customer (and not the
city) shall be responsible for seeing that his plumbing is properly drained and
is kept properly drained, after his water service has been cut off; the city shall
not forfeit the right to charge a customer for water that, due to frozen
plumbing, is not used but that is received from a service line. (1989 Code, §
18-126)
18-127. Drought
contingency plan. (1) Purpose. Envisioning that the growth of the city,
unforeseen weather conditions, energy failures or equipment failures may
produce a water shortage with little or no advance warning, an emergency plan
to conserve water supplied by the city to its citizens is absolutely necessary
for the health, safety, and general welfare of the residents of the city and
all other persons who may be working or sojourning therein; therefore the
aforesaid public purpose of the within section, the short title of which shall
be known as "City of Crossville Drought Contingency Plan."
(2) Plan and
procedure. Drought and
other conditions tending
to
reduce the city's water supply shall be monitored by the
director of water resources who shall report to the city manager when such
conditions appear to indicate that actions may need to be implemented to
conserve water. The city manager shall then promptly advise the city council
that a water shortage may be eminent and the council may then order water
conservation measures it finds appropriate from the facts of the situation, in
a manner and upon public notice thereof, not inconsistent with this section.
When the city
council, in regular or special session assembled, finds that conservation
action is necessary to conserve water provided by the city through its water
and fire protection system, it may order one or more of the following water
conservation phases:
Phase I:
No outside watering
No car washing
No filling or cleaning of pools
18-11
Phase II:
Professional offices, commercial, industrial and institutional
users (other than hospitals and nursing homes)--usage shall be limited to
domestic use consumption (bathrooms and drinking fountains only) during the
hours open for business.
Phase III:
Residential users, motels/hotels, hospitals, and nursing
homes will be urged to conserve water.
(3) Public notification. When one or more phases of water
conservation have been ordered by the city council, the city
manager shall
immediately notify all local news media, and shall
immediately contract for
public advertisements in all such local news media, such
advertisements setting
forth the phase or phases ordered by the city council, and
that violators of the
order, upon conviction, may be punished as provided in this
section.
Water
conservation orders enacted by the city council shall remain in full force and
effect until lifted by the council in regular or special meeting session
assembled. Public notice of such lifting need only be made by the city manager
through prompt news releases to all local news media.
(4) Enforcement. During times when the city council
has ordered
water conservation measures under this section, duly
authorized officers of the
city, bearing proper credentials and identification, may
enter private property
at times and in the manner provided by law, when such
officers have reason to
believe probable cause exists that emergency provisions of
this section are being
violated.
Any person
violating the provisions of this section shall, upon conviction in the
municipal court of the City of Crossville, be guilty of a misdemeanor and be
assessed a fine of not less than ten dollars ($10.00) nor more than fifty
dollars ($50). (1989 Code, § 18-127)
18-128.
Interruption of service. The city will endeavor to furnish continuous water
service, but does not guarantee to the customer any fixed pressure or
continuous service. The city shall not be liable for any damages for any
interruption of service whatsoever.
In connection
with the operation, maintenance, repair and extension of
the city water system the water supply may be shut off
without notice when
necessary or desirable and each customer must be prepared
for such
emergencies. The city
shall not be
liable for any
damages from such
interruption of service or for damages from the resumption
of service without notice after any such interruption. (1989 Code, § 18-128)
18-129.
Disposition of water and sewer revenues. The revenues of the sanitary sewer and
water systems shall be used as authorized and directed by the city's water and
sewer bond authorization resolution(s). (1989 Code, § 18-129)
18-12
18-130.
Priorities for water and sewer projects. Priority for accomplishment will be
assigned to water and sewer extension and maintenance projects as follows:
First priority
shall be assigned to a water or sewer service extension project in which the
petitioner has agreed to pay the full cost of the project on a non-refundable
basis.
Second priority shall be assigned to projects
which are necessary to keep the water and sewer systems in working order.
Third priority
shall be assigned to water line or sewer line renewal projects.
Fourth priority
shall be assigned to applications for water service to existing in-city
structures. If several applications of this type are pending, then priority
shall be assigned on a chronological basis.
Fifth priority
shall be assigned to applications for water service to undeveloped in-city
lots. If several applications of this type are pending, then priority shall be
assigned on a chronological basis.
Sixth priority
shall be assigned to applications for water service to existing out-of-city
structures. If several applications of this type are pending, then priority
shall be assigned on a chronological basis.
Seventh
priority shall be assigned to applications for water service to undeveloped
out-of-city lots which are contiguous to an existing water main. If several
applications of this type are pending, then priority shall be assigned on a
chronological basis.
Eighth priority
shall be assigned to applications for water service to undeveloped out-of-city
lots which are removed from an existing water main. If several applications of
this type are pending; then priority shall be assigned on a chronological
basis. (1989 Code, § 18-130)
18-131.
Underground utilities. All water and sewer lines to be owned by the city must
be installed in ditches separated by a minimum of ten feet (10'). No other
utilities shall be installed less than six feet (6') from a water or sewer
line. In the event a utility must cross a water or sewer line, the city
superintendent shall be promptly notified and a formal request made. The city
superintendent shall set criteria for the installation to ensure that safe
distances are maintained and the location properly mapped. (1989 Code, §
18-131)
18-132.
Residential grinder pumps. The city
council shall be
responsible for setting all policies with regard to
residential grinder pumps. Accordingly, the city, by and through the city
council, shall, as may be necessary, from time to time, adopt, set and
promulgate such conditions, terms, policy, rates, and charges as the city
council may deem necessary for the installation, maintenance and sale of
residential grinder pumps. All such rates and charges with regard to
residential grinder pumps may be adjusted, from
18-13
time to time, as necessary, so as to provide funds
sufficient to pay all reasonable expenses of operation, repair, maintenance,
and construction of the sewer system and its various components. Each and every
beneficiary of sewer service, equipment, and/or maintenance shall pay all such
rates and charges set by the city council under this section. (1989 Code, § 18-132)
18-14
CHAPTER 2 SEWAGE DISPOSAL
SECTION
18-201. General
provisions.
18-202. Connection
to public sewers.
18-203. Private
domestic wastewater disposal.
18-204. Regulations
of holding tank waste disposal.
18-205.
Applications for domestic wastewater discharge and
industrial
wastewater discharge permits. 18-206.
Discharge regulations.
18-207. Industrial
user monitoring, inspection reports, records and safety. 18-208. Enforcement and abatement, fines, and
penalty costs. 18-209. Fees and
billing. 18-210. Validity.
18-201. General
provisions. (1) Purpose and policy. This chapter sets forth uniform
requirements for the disposal of wastewater in the service area of the City of
Crossville, Tennessee, wastewater treatment system. The objectives of this
chapter are:
(a) To protect the public health;
(b) To provide
problem-free wastewater collection and treatment service;
(c) To prevent
the introduction of pollutants into the municipal wastewater treatment system
which will interfere with the system operation, will cause the city's discharge
to violate its National Pollutant Discharge Elimination System (NPDES) permit
or other applicable state requirements, will cause physical damage to the
wastewater treatment system facilities;
(d) To provide
for full and equitable distribution of the cost of the wastewater treatment
system;
(e) To enable
the City of Crossville to comply with the provisions of the Federal Clean Water
Act, the General Pretreatment Regulations (40 CFR 403), and other applicable
federal and state laws and regulations;
(f) To improve
the opportunity to recycle and reclaim wastewaters and sludges from the
wastewater treatment system.
In meeting
these objectives, this chapter provides that all persons in the service areas
of the City of Crossville must have adequate wastewater treatment either in the
form of a connection to the city wastewater treatment system or, where the
system is not available, an appropriate private disposal system. The chapter
also provides for the issuance of permits
to system users,
for the regulation
of wastewater
18-15
discharge volumes and characteristics, for monitoring and
enforcement activities; and for the setting of fees for the full and equitable
distribution of costs resulting from the operation, maintenance and capital
recovery of the wastewater treatment system and from other activities required
by the enforcement and administrative program established herein.
This chapter
shall apply to the City of Crossville, Tennessee, and
to persons outside the city who are, by contract or agreement
with the
city, users of the municipal wastewater treatment system.
Except as
otherwise provided herein, the city manager of the City of
Crossville shall
administer, implement and enforce the provisions of this
chapter.
(2) Definitions.
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this chapter, shall
have the meanings
hereinafter designated;
(a)
"Act" or "the Act." The Federal Water Pollution Control
Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(b)
"Approval Authority." The Director in an NPDES state with an approved
State Pretreatment Program and the Administrator of the EPA in a non-NPDES
state or NPDES state without an Approved State Pretreatment Program.
(c)
"Authorized representative of industrial user." An authorized representative of an
Industrial User may be: (1) a principal executive officer of at least the level
of vice-president, if the industrial user is a corporation; (2) a general
partner or proprietor if the industrial user is a partnership or
proprietorship, respectively; (3) a duly authorized representative of the
individual designated above if such representative is responsible for the
overall operation of the facilities from which the indirect discharge
originates.
(d)
"Baseline Monitoring Report ("BMR")." A report submitted by
categorical industrial users within 180 days after the effective date of an
applicable categorical standard which indicates the compliance status of the
user with the categorical standard [40 CFR 403.12(b)].
(e) "Best
Professional Judgment ("BPJ")." The highest quality technical
opinion of a permit writer, after consideration of all reasonably available and
pertinent data or information, forming the basis for the terms and conditions
of a permit.
(f)
"Biochemical Oxygen Demand ("BOD")." The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard
laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms
of weight and concentration (milligrams per liter [mg/l]).
(g)
"Building sewer." A sewer conveying wastewater from the premises of a
User to the POTW.
(h) "Categorical pretreatment standards." Limitations on
pollutant discharges to POTWs promulgated by EPA in
accordance with
18-16
section 307 of the Clean Water Act, that apply to specified
process wastewaters of particular industrial categories [40 CFR 403.6 and Parts
405-471].
(i) "Categorical
industrial user." An industrial
user subject to
categorical pretreatment standards.
(j) "City." The City of Crossville or the City Council,
City of
Crossville, Tennessee.
(k) "City Manager." City Manager, City
of Crossville,
Tennessee, who is charged with certain duties and
responsibilities by this chapter, or his duly authorized representative.
(l) "Clean Water
Act
("CWA")."
(Otherwise known as
the
Federal Water Pollution Control Act) enacted by Public Law
92-500, October 18, 1972, 33 USC 1251 et seq; as amended by PL 95-217, December
28, 1977; PL 97-117, December 29, 1981; PL 97-440, January 8, 1982; and PL
100-04, February 4, 1987.
(m) "Combined
Wastestream Formula ("CWF")."
Procedure for
calculating alternative discharge limits at industrial
facilities where a regulated wastestream from a categorical industrial user is
combined with other wastestreams prior to treatment [40 CFR 403.6(e)].
(n) "Compatible
pollutant." Shall mean BOD, suspended solids,
Ph, and fecal coliform bacteria, and such additional
pollutants as are now or may be in the future specified and controlled in this
city's NPDES permit for its wastewater treatment works where sewer works have
been designed and used to reduce or remove such pollutants.
(o) "Concentration limit." A
limit based on
the mass of
pollutant per unit volume, usually expressed in milligrams
per liter.
(p) "Conventional
pollutants." As defined by federal
law, these
include BOD, TSS, fecal coliform bacteria, oil and grease,
and pH [40 CFR 401.16].
(q) "Cooling
water." The water discharged from
any use such
as air conditioning, cooling or refrigeration, or to which
the only pollutant added is heat.
(r) "Control
authority." The term control
authority shall refer
to the Approval Authority, defined hereinabove; or the city
manager if the city has an approved pretreatment program under the provisions
of 40 CFR, 403.11.
(s) "Customer." Means any individual, partnership,
corporation, association or group who receives sewer service
from the city under either an express or implied contract requiring payment to
the city for such service.
(t) "Daily
maximum limit." The maximum allowable discharge
of pollutant during a calendar day. Where daily maximum
limitations are expressed in units of mass, the daily discharge is the total
mass discharged over the course of the day.
Where daily maximum limitations
18-17
are expressed in terms of a concentration, the concentration
is derived
from all measurements taken that day.
(u) "Development document." Detailed report of
studies
conducted by the
U.S. EPA for
the purpose of
developing categorical
pretreatment standards.
(v) "Dilute wastestream." For purposes of
the combined
wastestream formula, the average daily flow (at least a
30-day average)
from:
(i) Boiler blowdown streams, non-contact cooling
streams, storm water streams, and demineralizer backwash
streams (provided, however, that where such streams contain a significant
amount of a pollutant, and the combination of such streams, prior to treatment,
with an industrial user's regulated process wastestream(s) will result in a
substantial reduction of that pollutant, the control authority, upon
application of the industrial user, may exercise its discretion to determine
whether such stream(s) should be classified as diluted or unregulated. In its
application to the control authority, the industrial user must provide
engineering, production, sampling and analysis, and such other information so
that the control authority can make its determination); or
(ii) Sanitary
wastestreams where such streams are not
regulated by a categorical pretreatment standard; or
(iii) From any
process wastestreams which were, or could
have been entirely exempted from categorical pretreatment
standards pursuant to paragraph 8 of the NRDC v. Costle Consent Decree (12 ERC
1833) for one or more of the following reasons (see Appendix D of 40 CFR 403):
(A) The
pollutants of concern are not detectable in the effluent from the industrial
user [paragraph (8)(a)(iii)]
(B) The
pollutants of concern are present only in trace amounts and are neither causing
nor likely to cause toxic effects [paragraph (8)(a)(iii)]
(C) The
pollutants of concern are present in amounts too small to be effectively
reduced by technologies known to the Administrator [paragraph (8)(a)(iii)]; or
(D) The
wastestream contains only pollutants which are compatible with the POTW
[paragraph (8)(b)(i)] [40 CFR 403.6(e)].
(w) "Direct
discharge." The discharge of
treated or untreated
wastewater directly to the waters of the State of Tennessee.
(x) "Director." The
chief administrative officer
of a state
or
interstate water pollution control agency with an NPDES
permit program
18-18
and state pretreatment program approved pursuant to Section
402(b) of the Clean Water Act.
(y) "Domestic
wastewater." Wastewater that is
generated by a
single family, apartment or other dwelling unit or dwelling
unit equivalent containing sanitary facilities for the disposal of wastewater
and used for residential purposes only.
(z) "Environmental Protection
Agency" or "EPA." 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 official of said agency.
(k) "Flow
proportional composite sample." A sampling method which combines discrete
aliquots of a sample collected over time, based on the flow of the wastestream
being sampled. There are two methods used to collect this type of sample. One
method collects a constant sample volume at time intervals which vary based on
the stream flow [e.g., 200 milliliters (ml) sample collected for every 5,000
gallons discharged]. The other method collects aliquots of varying volume,
based on stream flow, at constant time intervals.
(l) "Flow
Weighted Averaging Formula (FWA)." A procedure used to calculate
alternative limits where wastestreams regulated by a categorical pretreatment
standard and nonregulated wastestream combine after treatment but prior to the
monitoring point.
(m)
"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.
(n) "Grab
sample." A sample which is taken from
a wastestream on a one-time basis with no regard to the flow in the wastestream
and without consideration of time.
(o)
"Holding tank waste." Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(p)
"Incompatible pollutant." Shall mean any pollutant which is not a
"compatible pollutant" as defined in this section.
(q)
"Indirect discharge." The discharge or the introduction of
nondomestic pollutants from any source regulated under section 307(b) or (c) of
the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste
discharged into the system).
(ah)
"Industrial user." A source of indirect discharge which does not
constitute a "discharge of pollutants" under regulations issued
pursuant to section 402, of the Act (33 U.S.C. 1342).
(ai) "Industrial user
management
practices." Schedules of
activities, prohibitions or practices, maintenance
procedures, and other management practices designed to prevent or reduce
pollution discharges. These practices may
address treatment requirements, operating
18-19
procedures, and practices
to control spills
or leaks, sludge
or waste
disposal, or drainage from raw material storage.
(aj) "Instantaneous
maximum limit." The maximum
allowable
concentration of a pollutant determined from the analysis of
any discrete
or composited sample collected, independent of the
industrial flow rate
and the duration of the sampling event.
(ak)
"Interference." A
discharge which, alone or in conjunction
with a discharge or discharges from other sources, both:
(i) Inhibits or
disrupts the POTW,
its treatment
processes or operations or its sludge processes, use, or disposal; and
(ii) Therefore
is a cause of a violation of any requirement
of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation) or of the prevention
of
sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued
thereunder
(or more stringent state or local regulations): Section 405
or the
Clean Water Act, the Solid Waste Disposal Act (SWDA)
(including
Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA) and including state regulations
contained in any State sludge management plan prepared
pursuant to Subtitle D of the SWDA), the Clean Air Act, the
Toxic
Substances Control Act, and the Marine Protection, Research,
and
Sanctuaries Act [40 CFR 403.3].
(al) "Monthly
Average Limit." The maximum
allowable value
for the average of all observations obtained during one
calendar month.
(am)
"National Categorical Pretreatment Standard or
pretreatment standard." Any regulation containing pollutant
discharge
limits promulgated by the EPA in accordance with Section
307(b) and (c)
of the Act
(33 U.S.C. 1347)
which applies to
a specific category
of
industrial users.
(an)
"NPDES (Natural Pollutant Discharge Elimination
System)." Shall
mean the program for issuing, conditioning and denying
permits for the discharge of pollutants from point sources
into navigable
waters, the contiguous zone and the oceans pursuant to
Section 402 of the
Federal Water Pollution Control Act as amended.
(ao) "National
prohibited discharges." Prohibitions applicable to
all nondomestic dischargers regarding the introduction of
pollutants into
POTWs set forth at 40 CFR 403.5.
(ap)
"Net/gross
calculations." An adjustment to
categorical
pretreatment
standards to reflect
the presence of
pollutants in the
industrial user's intake water [40 CFR 403.15].
(aq)
"New source." Any
source, the construction of
which is
commenced after the publication of proposed regulations
prescribing a
18-20
section 307(c) (33 U.S.C. 1317) categorical pretreatment
standard which will be applicable to such source, if such standard is
thereafter promulgated within one hundred and twenty (120) days of proposal in
the Federal Register. Where the standard is promulgated later than one hundred
and twenty (120) days after proposal, a new source means any source, the
construction of which is commenced after the date of promulgation of the
standard.
(ar) "Ninety
(90)-day compliance report." A
report submitted by
a categorical industrial user, within ninety (90) days
following the date for final compliance with applicable categorical standards,
or, in the case of a new source, following commencement of the introduction of
wastewater into the POTW, that documents and certifies the compliance status of
the user [40 CFR 403.12(d)].
(as) "Nonconventional
pollutants." All pollutants which
are not
included in the list of conventional or toxic pollutants in
40 CFR Part 401.
(at) "Pass through." A
discharge which exits
the POTW into
waters of the United States in quantities or concentrations
which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the POTW's NPDES
permit (including an increase in the magnitude or duration of a violation) [40
CFR 403.3(n)].
(au)
"Periodic compliance report." A report on compliance status submitted
by categorical industrial users to the control authority at least semiannually
[40 CFR 403.12(e)].
(av)
"Person." Any individual, partnership, copartnership, firm, company,
corporation, associations, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives, agents, or
assigns. The masculine gender shall include the feminine, the singular shall
include the plural where indicated by the context.
(aw)
"pH." The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
(ax)
"Pollution." The man-made or man-induced alteration of the chemical,
physical, biological and radiological integrity of water.
(ay)
"Pollutant." Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical substances, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste discharged
into water.
(az) "Pretreatment"
or" treatment." 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
pollutants into a POTW. The reduction or alteration can be obtained by
physical, chemical
18-21
or biological processes, or process changes by other means,
except as prohibited by 40 CFR section 403.6(d).
(u)
"Pretreatment requirements." Any
substantive or procedural requirement related to pretreatment, other than a
National Pretreatment Standard imposed on an industrial user.
(v)
"Pretreatment Standards for Existing Sources (PSES)." Categorical
standards and requirements applicable to industrial sources that began
construction prior to the publication of the proposed pretreatment standards
for that industrial category. (See individual categorical standards in 40 CFR
Parts 405-471 for specific dates.)
(bc) "Pretreatment Standards for New
Sources (PSNS)."
Categorical standards and requirements applicable to
industrial sources
that began construction after the publication of the
proposed
pretreatment standards for the industrial category. (See
individual
categorical standards in 40 CFR Parts 405-471 for specific
dates.)
(x)
"Process wastewater." Any water
which, during manufacturing or processing, comes into direct contact with or
results from the production of or use of any raw material, intermediate
product, finished product, byproduct, or waste product.
(y)
"Production-based standard." A
discharge limitation expressed in terms of allowable pollutant mass discharge
per unit of production.
(z)
"Publicly Owned Treatment Works (POTW)." The treatment works as
defined by section 212 of the Act, (33 U.S.C. 1292) which is owned in this
instance by the city. This definition includes any sewers that convey wastewater
to the POTW treatment plant, but does not include pipes, sewers, or other
conveyances not connected to a facility providing treatment. For the purposes
of this chapter, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the City of Crossville who are, by
contract or agreement with the city, users of the city's POTW.
(aa)
"Regulated wastestream." An
industrial process wastestream regulated by a national categorical pretreatment
standard.
(bh)
"Resource Conservation and Recovery Act (RCRA)." A federal statute
regulating the management of hazardous waste from its generation through
ultimate disposal. The Act contains requirements for waste generators,
transporters, and owners and operators of treatment, storage, and disposal
facilities [42 USC 6901 et seq.].
(bi) "Self-monitoring."
Sampling and analyses performed by the
industrial user to ensure compliance with the permit or
other regulatory requirements [40 CFR 403.12(b) and (g)].
(bj) "Shall"
is mandatory; "May" is permissive.
(bk)
"Significant industrial user." All industrial users subject to
categorical pretreatment standards
under 40 CFR
403.6 and 40
CFR
18-22
chapter 1, subchapter n; and any other industrial user that
discharges an average of twenty five thousand (25,000) gallons per day or more
of process wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater) contributes a process wastestream which makes up 5
percent (5%) or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or is designated as such by the City of Crossville
as defined in 40 CFR 403.12(a) on the basis that the industrial users has a
reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement [in accordance with 40 CFR
403.8(f)(6)].
(bl) "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
concentrations of flows during normal operation or any discharge of whatever
duration that causes the sewer to overflow or back up in an objectionable way
or any discharge of whatever duration that interferes with the proper operation
of the wastewater treatment facilities or pumping stations.
(bm)
"Spill prevention and control plan." A plan prepared by an industrial
user to minimize the likelihood of a spill and to expedite control and cleanup
activities should a spill occur.
(bn)
"Split sample." Portion of a collected sample given to the industry
or to another agency to verify or compare laboratory results.
(bo) "Standard
Industrial Classification Manual."
Prepared by
the Executive Office of the President, Office of Management
and Budget 1987 (NTIS Order No. PB 87-10001Z).
(bp)
"State." State of
Tennessee.
(bq) "Storm
sewer" or "storm drain." Shall mean a pipe or conduit which
carries storm and surface waters and drainage, but excludes sewage and
industrial wastes; it may, however, carry cooling waters and unpolluted waters,
upon approval of the city manager.
(br) "Storm
water." Any flow occurring during
or following any
form of natural precipitation and resulting therefrom.
(bs) "Suspended
solids." The total suspended
matter that floats
on the surface of, or is suspended in, water, wastewater or
other liquids, and which is removable by laboratory filtering.
(bt) "Superintendent." The
person designated by
the city to
supervise the operation of the publicly owned treatment works
and who is charged with certain duties and responsibilities by this chapter, or
his duly authorized representative.
(bu) "Time
proportional composite sample." A sampling method which combines discrete
sample aliquots of constant volume collected at
18-23
constant time intervals (e.g., 200 milliliter (ml) samples
collected every half hour for a 24-hour period). This method provides
representative samples only where the sampled stream flow is constant, or where
the volume is manually adjusted based on stream flow variation prior to being
added to the composite sample container.
(bv)
"Total Toxic Organics (TTO)." The sum of the masses or concentrations
of the specific toxic organic compounds regulated by specific categorical
pretreatment regulations which is found in the discharge at specific
quantifiable concentrations. (Refer to the specific categorical regulations to
identify which compounds are regulated, what numeric value is considered
"quantifiable", and what sampling or certification alternatives may
be available.)
(bw)
"Toxic organic management plan." Written plan submitted by industrial
users in accordance with some categorical pretreatment standards as an
alternative to TTO monitoring which specifies the toxic organic compounds used,
the method of disposal used, and procedures for assuring that toxic organics do
not routinely spill or leak into wastewater discharged to the POTW.
(bx)
"Toxic pollutant." Any
pollutant or combination of
pollutants listed as toxic in regulations promulgated by the
Administrator of the Environmental Protection Agency under the provision of CWA
[307(a)] or other Acts.
(by)
"Treatability manual." Guidance prepared by the U.S. EPA that
provides detailed descriptions of industrial processes, potential pollutants
from each process, appropriate treatment technologies, and cost estimating
procedures.
(bz) "Twenty-four
(24) hour flow proportional composite sample."
A sample consisting of several portions collected during a twenty-four
(24) hour period in which the portions of a sample are proportioned to the flow
and combined to form a representative sample.
(ee)
"Unregulated wastestream." For purposes of the combined wastestream
formula, a wastestream that is not regulated by a national categorical
pretreatment standard and is not considered a dilute wastestream.
(ff)
"Upset." An
exceptional incident in which there is unintentional and temporary
noncompliance with the categorical pretreatment standards because of factors
beyond the reasonable control of the Industrial User. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation [40 CFR 403.16(a)].
(cc) "User." Any person who
contributes, causes or permits the
contributions of wastewater into the city's POTW.
18-24
(cd) "Wastewater." The liquid
and water-carried industrial or
domestic wastes from dwellings, commercial buildings,
industrial
facilities, and institutions, whether treated or untreated,
which is
contributed into or permitted to enter the POTW.
(ii)
"Wastewater treatment systems." Defined the same as POTW.
(jj)
"Waters of the state." All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigations
systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private which are
contained within, flow through or border upon the state or any portion
thereof. (1989 Code, § 18-201)
18-202. Connection
to public sewers. (1) Requirements for proper
wastewater disposal.
(a) 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 service area of the
City of Crossville, any human or animal excrement, garbage or other
objectionable waste.
(b) It shall be
unlawful to discharge to any waters of the state within the service area of the
City of Crossville any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions of this
chapter.
(c) 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.
(d) Except as
provided in subsection (f) below, the owner of all houses, buildings, or
properties used for human occupancy, employment, recreation or other purposes
situated within the service area in which there is now located or may in the
future be located a public sanitary sewer, is hereby required to do one of the
following two things, at the owner's option:
(i) At the
owner's 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 sixty (60) days after date of official notice to do so, provided that
said public sewer is within five hundred (500) feet of the property line over
public access;
(ii) Pay a sewer
service availability charge to be set by
the city council from time to time. However, the owner may
exercise this option if, and only if, the house, building, or property is
connected to and served by an operating private sewage disposal system that
meets the requirements of § 18-203(2)(d), and is operated and maintained in
accordance with § 18-203(2)(e).
18-25
(e) The owner
of a manufacturing facility may discharge wastewater to the waters of the state
provided that he obtains an NPDES permit and meets all requirements of the
Federal Clean Water Act, the NPDES permit, and any other applicable local,
state or federal statutes and regulations.
(f) Where a
public sanitary sewer is not available under the provisions of subsection (d)
above, the building sewer shall be connected to a private sewage disposal
system complying with the provisions of § 18-203 of this chapter.
(2) Physical
Connection to Public Sewer. (a) 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 City as required by § 18-205 of this
chapter.
(b) All cost
and expenses incident to the installation, connection and inspection 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.
(c) A separate
and independent building sewer shall be provided for every building; except
where one building stands at the rear of another or 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. The building sewer from the front
building may be extended to the rear building and the whole considered as one
building sewer.
(d) Old
building sewers may be used in connection with the new buildings only when they
are found, on inspection and tested by the city personnel, to meet all
requirements of this ordinance. All others must be sealed to the specifications
of this ordinance.
(e) Building
sewers shall conform to the following requirements:
(i) Minimum
size pipe - 4"
(ii) Minimum
depth - 18"
(iii) Four-inch
(4") building sewer laid on a grade greater
than 1/8 inch per foot (larger building sewer shall be laid
on grade to produce 2 ft/ velocity.)
(iv) Slope and alignment
of all building
sewer shall be
neat and regular
(v) Building
material shall be constructed only of:
(A) PVC (Schedule 35 or better);
(B) Concrete or
clay sewer pipe using rubber or neoprene compression joints of approved type,
(3)cast iron soil pipe with compression joints, (4)ABS composite sewer pipe
with solvent welded or rubber compression joints of approved type.
18-26
NOTE: PVC material should be solvent welded
or with rubber compression joints. Under no circumstances will cement mortar
joints be approvable.
(vi) A cleanout
(4" minimum or same size of pipe) shall be
located five (5) feet outside the building, one as it taps
onto the public lateral and one at each change of direction of the building
sewer which is greater than 45 degrees. Additional cleanouts shall be not more
than 75 feet apart for 4" diameter pipe and no more than 100 feet apart
for larger pipes. Cleanouts shall be extended to or above ground level. A
"Y" (Wye) and 1/8 bend shall be used for the cleanout base. Minimum
cleanout size is 4" and must be inspected for approval.
(vii)
Connections of building sewers to the public sewer system shall be made with
the appropriate existing wye or tee branch using compression-type couplings or
collar-type rubber joint with corrosion resisting or stainless steel bands.
Where existing wye or tee branches are not available, connections of building
services shall be made by either removing a length of pipe and replacing it
with a wye or tee fitting or cutting a clean opening in the existing public
sewer and installing a tee -saddle or tee -insert of a type approved by the
city inspector. All such connections shall be made gas-tight and water-tight.
(viii) The
building sewer may be brought into the building below the basement floor when
gravity flow from the building to the public sewer is at a grade of 1/8 inch
per foot or more if possible. In cases where the basement or floor levels are
lower than the ground elevation at the point of connection to the sewer,
adequate precautions by the installing of check valves or other backflow
prevention devices to protect against flooding shall be provided by the owner.
In all buildings in which any building drain is too low to permit gravity flow
to the public sewer, sanitary sewage carried by such building drain shall be
lifted by an approved means and discharged to the building sewer at the expense
of the owner.
(ix) The methods
to be used in excavating, placing of pipe,
jointing, testing, backfilling the trench, or other
activities in the construction of a building sewer which have not been
described in this instruction sheet shall conform to the requirements of the
building and plumbing code or other applicable rules and regulations of the
city or to the procedures set forth in appropriate specifications of the ASTM
and Water Pollution Control Federation Manual of Practice No. 9. Any deviation
from the prescribed procedures and materials must be approved by the authorized
personnel before installation.
18-27
(x) All installed
building sewer shall
be gastight and
watertight and shall be tested by owner before covering with
soil.
(xi) All newly
constructed building sewers
shall be
constructed to prevent any surface waters from entering the
POTW. Existing building
sewers not conforming to
sewer
construction requirements shall be brought into compliance
by the user at the user's expense by the compliance date specified by the city
manager.
(f) All
excavations for building sewer installation 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.
(g) The city
shall be responsible for making taps to existing public sewers and for
extending service lines to the property line of a customer who desires to
receive sewer service. The customer will be responsible for connecting to the
city's sewer at the property line and extending the building sewer into the
building.
(h) No persons
shall make connections of the roof downspouts,
exterior foundation drains, area-way drains, basement drains
or other source 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. The property owner shall be responsible for disconnecting and
capping off all prohibited connections to the POTW.
(i) All cafes,
restaurants, motels, hotels, or other commercial
food preparation establishments shall install a grease trap
on the kitchen waste line; provided however, all existing cafes, restaurants,
motels, hotels, or other commercial food preparation establishments shall be
required to construct a grease trap (at the owner's expense) within ninety (90)
days after notification by the city, if and when the city manager determines
that a grease problem exists which is capable of causing damage or operational
problems to structures or equipment in the city's sewer system, or if such is
otherwise required by city ordinance, state or federal law. The city shall
retain the right to inspect and approve installation of the grease trap
facility. The grease trap must precede the septic tank on the kitchen waste
line if a septic tank is used. The grease trap must be designed in accordance
with current engineering standards and shall be easily accessible for cleaning.
Grease traps shall be maintained by the owner or operator of the facility so as
to prevent a stoppage of the city sewer. If the city employees are required to
clean out the city sewer lines as a result of a stoppage resulting from a
clogged grease trap, the property owner or operator shall be required to pay
the costs of the city labor and materials required to clean out the sewer
lines.
18-28
(3) Inspection
of connection. (a) The sewer connection and all building
sewers from the building to the public sewer main line shall
be inspected
by the city inspector before the underground portion is
covered.
(b) The
applicant for discharge shall notify the city at 484-6257
between the hours of 9:00 A.M. to 3:00 P.M. Monday through
Friday when the installation is ready for inspection before the underground
portion is covered with soil.
(4) Maintenance
of building sewers. Each individual property owner or user of the POTW shall be
entirely responsible for the inspection and maintenance of the building sewer
located on private property to assure that no prohibited connections exist and
that the sewer line has no surface water leakage due to deteriorated joints or
pipes. Authorized city inspectors will conduct follow-up inspections. The city
shall be responsible for the maintenance of collector lines only up to the
point where the property owners service line connects to the POTW. Where
problems are located by authorized sewer inspection crews, the city manager
shall notify the property owner, in writing, of the problems found in the sewer
line. The property owner shall be given a compliance schedule to make repairs
to the sewer line or replace it where necessary. Where corrections have not been made according to the
requirements, the city shall proceed with enforcement measures according to the
Enforcement Response Guide and Fine Schedule (Appendix B).
(5) Right to
enter and inspect private sewer lines. The city manager or his authorized
representative shall have free and unobstructed access to any part of the
premises where house drains or other drains connected with or draining into the
POTW are laid for the purpose of examining the construction, condition, and
method of use of the same, upon cause of reasonable suspicion that there may be
inadequate facilities, the facilities present may not be properly functioning,
there is an improper discharge or known sources of surface water inflow exist.
If such entry is refused, the sewer service or water service may be
disconnected upon reasonable notice and an opportunity for a hearing.
(6) Right to
repair/replace or disconnect private sewer lines. Where the property owners
have been given written notification and a compliance schedule to make repairs
or replace the sewer line where it is needed, and owner fails to meet the
compliance schedule, the city shall have the right to contract a licensed
plumber to make the repairs or replace the service line at a reasonable cost
and the cost plus fine shall be added to the customer's water/sewer bill.
(7) Demolished
or burned buildings. When a building is demolished and/or burned, it shall be
the responsibility of the owner to have the sewer service line plugged securely
so that surface water will not enter the sewer. The property owner or his
representative shall notify the city manager of such a plug and the city
inspector will make an inspection prior to covering any work. If such a line is
to be reused, it must first undergo inspection by the city manager or inspector
and be in conformity with existing standards.
18-29
(8) Enforcement
and Abatement, Fines, and Penalty Costs.
(a)
Notification of Violation. Whenever the superintendent finds that any property
owner has violated or is violating this ordinance, the city manager will serve
upon said user written notice of the violation and proposed enforcement action.
This will be the first step in the Enforcement Response Guide and Fine Schedule
(Appendix B). Within ten (10) days of the receipt date of this notice, an
explanation of the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall be submitted to
the city manager. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the notice of
violation.
(b) Show cause
hearing. Within five (5) days of the receipt of a notice of violation and
proposed enforcement action, the property owner may request, in writing, a
hearing before the city council to show cause why a proposed enforcement action
should not be taken. Within ten (10) days of the request for a hearing, the
city manager shall serve notice on the property owner specifying the time and
place for the hearing and a request that the property owner show cause why this
proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. (1989 Code, § 18-202)
18-203. Private
domestic wastewater disposal. (1)
Availability.
(a) Where a
public sanitary sewer is not available under the provisions of § 18-202(1)(d),
or the property owner has exercised his option to pay a sewer availability
charge under the provisions of§ 18-202(1)(d)(ii), the building sewer shall be
connected to a private wastewater disposal system complying with the provisions
of this section.
(b) Any
residence, office, recreational facility, or other establishment used for human
occupancy where the building drain is below the elevation to obtain a grade
equivalent to 1/8-inch per foot in the building sewer but is otherwise
accessible to a public sewer as provided in § 18-202, the owner shall provide a
private sewage pumping station as provided in § 18-202(2)(e)(viii).
(c) Where a public sewer becomes available,
the building sewer shall be connected to the public sewer within sixty (60)
days after date of official notice from the city to do so, unless and except
the owner of the house, building or property is qualified to exercise, and has
exercised his option to pay a sewer availability charge in accordance with §
18-202(1)(d)(ii).
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(2) Requirements.
(a) A private domestic wastewater disposal system
may not be
constructed within the
service area unless
and until a certificate is obtained from the city
manager stating that
(i) A public
sewer is not accessible to the property and no
sewer is proposed for construction in the immediate future
or
(ii) That the
owner of the house, building or property has
exercised his option
to pay a
sewer availability charge
in
accordance with
§ 18-202(1)(d)(ii). No certificate shall
be issued for
any private domestic
wastewater disposal system employing subsurface soil absorption
facilities where the area of the
lot is less
than that specified
by the Cumberland
County Health Department.
(b) Before
commencement of construction of a private sewage disposal system, the owner
shall first obtain written permission from the Cumberland County Health
Department. The owner shall supply any plans, specifications, and other
information as deemed necessary by the Cumberland County Health Department.
(c) A private
sewage disposal system shall not be placed in operation until the installation
is completed to the satisfaction of the Cumberland County Health Department.
They shall be allowed to inspect the work at any stage of construction and, in
any event, the owner shall notify the Cumberland County Health Department when
the work is ready for final inspection and before any underground portions are
covered. The inspection shall be made within a reasonable period of time after
the receipt of notice by the Cumberland County Health Department.
(d) The type,
capacity, location and layout of a private sewage disposal system shall comply
with all recommendations of the Tennessee Department of Environment and
Conservation and the Cumberland County Health Department. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
(e) The owner
shall operate and maintain the private sewage disposal facilities in a sanitary
manner at all times, at no expense to the city. When the public sewer becomes
available, the building sewer, or the septic tank effluent line shall be
connected to the public sewer within sixty (60) days of the date of the
availability, unless the owner of the house, building, or property has
exercised his option to pay a sewer availability charge in accordance with §
18-202(1)(d)(ii), and the private sewage disposal system should be cleaned of
sludge and if no longer used as a part of the city's treatment system, filled
with suitable material.
(f) No statement contained in this chapter shall
be construed to
interfere with any additional requirements that may be
imposed by the
Cumberland County Health Department. (1989 Code, § 18-203)
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18-204.
Regulations of holding tank waste disposal. (1) Permit. No person, firm,
associate or corporation shall clean out, drain, or flush any septic tank or
any other type of wastewater or excreta disposal system, unless such person,
firm, association or corporation obtains a permit from the city to perform such
acts or services. Any person, firm, association, or corporation desiring a
permit to perform such services shall file an application on the prescribed
form. Upon any such application, said permit shall be issued by the city
manager when the conditions of this chapter have been met and providing the
city manager is satisfied the applicant has adequate and proper equipment to
perform the services contemplated in a safe and competent manner.
(2) Fees. For each permit issued under the
provisions of this chapter, an annual service charge therefore shall be paid to
the city to be set as specified in § 18-209. Any such permit granted shall be
for one full fiscal year or fraction of the fiscal year, and shall continue in
full force and effect from the time issued until the ending of the fiscal year,
unless sooner revoked, and shall be nontransferable. The number of the permit
granted hereunder shall be plainly painted on each side of each motor vehicle
used in the conduct of the business permitted hereunder.
(3) Designated
disposal locations. The city manager shall designate approved locations for the
emptying and cleansing of all equipment used in the performance of the services
rendered under the permit herein provided for, and it shall be a violation
hereof for any person, firm, association or corporation to empty or clean such
equipment at any place other than a place so designated.
(4) Revocation
of permit. Failure to comply with all the provisions of this chapter shall be
sufficient cause for the revocation of such permit by the city manager. The
possession within the service area, by any reason, of any motor vehicle
equipped with a body type and accessories of a nature and design capable of
serving a septic tank or wastewater or excreta disposal system cleaning shall
be prima facie evidence that such person is engaged in the business of
cleaning, draining or flushing septic tanks or other wastewater or excreta
disposal systems within the service area of the City of Crossville. (1989 Code,
§ 18-204)
18-205.
Applications for domestic wastewater discharge and industrial wastewater
discharge permits. (1) Applications for discharge of domestic wastewater. All
users or prospective users which generate domestic wastewater shall make
application to the city manager for written authorization to discharge to the
municipal wastewater treatment system. Applications shall be required from all
new dischargers as well as for any existing discharger desiring additional
service. Connection to the municipal sewer shall not be made until the
application is received and approved by the city manager, the building sewer is
installed in accordance with § 18-202 of this chapter, and an inspection has
been performed by the city manager or his representative.
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The receipt by
the city of a prospective customer's application for service shall not obligate
the city to render the service. If the service applied for cannot be supplied
in accordance with this chapter and the city's rules and regulations and
general practice, the connection charge will be refunded in full, and there
shall be no liability of the city to the applicant for such service, except
that conditional waivers for additional services may be granted by the city
manager for interim periods if compliance may be assured within a reasonable
period of time.
(2) Industrial wastewater discharge permits. (a) General
requirements. All industrial users
proposing to connect
to or to
contribute to the POTW shall obtain a wastewater discharge
permit before connecting to or contributing to the POTW. All existing
industrial users connected to or contributing to the POTW shall obtain a
wastewater discharge permit within 60 days after the effective date of this
chapter.
(b) Applications.
Applications for wastewater discharge permits
shall be required as follows:
(i) Users required
to obtain a
wastewater discharge
permit shall complete and file with the city manager an
application in the form prescribed by the city manager and accompanied by the
appropriate fee. Existing users shall apply for a wastewater discharge permit
within sixty (60) days after the effective date of this chapter, and proposed
new users shall apply at least ninety (90) days prior to connecting to or
contributing to the POTW.
(ii) The
application shall be in the prescribed form of the
city and shall include, but not be limited to the following
information: name, address
and SIC number
of applicant;
wastewater volume; wastewater constituents and
characteristics; discharge variations - daily, monthly, seasonal and 30-minute
peaks; a description of all toxic materials handled on the premises; site
plans, floor plans, mechanical and plumbing plans and details showing all
sewers and appurtenances by size, location and elevation; a description of
existing and proposed pretreatment and/or equalization facilities and any other
information deemed necessary by the city manager.
(iii) Any user
who elects or is required to construct new or
additional facilities for pretreatment shall, as part of the
application for wastewater discharge permit, submit plans, specifications and
other pertinent information relative to the proposed construction of the city
manager for approval. Plans and specifications submitted for approval must bear
the seal of a professional engineer registered to practice engineering in the
State of Tennessee. A wastewater
discharge permit shall not be
18-33
issued until such plans and specifications are approved.
Approval of such plans and specifications shall in no way relieve the user from
the responsibility of modifying the facility as necessary to produce an
effluent acceptable to the city under the provisions of this chapter.
(iv) If additional
pretreatment and/or O
& M will
be
required to meet the pretreatment standards, the application
shall include a compliance schedule as follows:
(A) The
schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the industrial user to meet
the applicable categorical pretreatment standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction, etc.)
(B) No
increment referred to in subsection (iv)(A) of this section shall exceed nine
(9) months.
(C) No later
than fourteen (14) days following each date in the schedule and the final date
for compliance, the industrial user shall submit a progress report to the city
manager including, at a minimum, whether or not it complied with the increment
of progress to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and the steps
being taken by the Industrial User to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between such
progress reports to the city manager.
The completion
date in this schedule shall not be later than the compliance date established
for the applicable pretreatment standard. For the purpose of this paragraph,
"pretreatment standard", shall include either a national pretreatment
standard or a pretreatment standard imposed by § 18-206 of this chapter.
(v) The city
will evaluate the data furnished by the user
and may require
additional information. After
evaluation and
acceptance of the data furnished, the city may issue a wastewater
discharge permit subject to terms and conditions provided
herein.
(vi) The receipt
by the city
of a prospective
customer's
application for a wastewater discharge permit shall not
obligate the city to render the wastewater collection and treatment service. If
the service applied for cannot be supplied in accordance with this
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chapter or the city's rules and regulations and general
practice, the application shall be rejected and there shall be no liability of
the city to the applicant for such service.
(vii) The city
manager will act only on applications containing all the information required
in this section. Persons who have filed incomplete applications will be
notified by the city manager that the application is deficient and the nature
of such deficiency and will be given thirty (30) days to correct the
deficiency. If the deficiency is not corrected within thirty (30) days or
within such extended period as allowed by the city manager, the city manager
shall deny the application and notify the applicant in writing of such action.
(c) Permit
conditions. Wastewater discharge
permits shall be
expressly subject to all provisions of this chapter and all
other applicable regulations, user charges and fees established by the city.
Permits may contain the following:
(i) The unit
charge or schedule of user charges and fees
for the wastewater to be discharged to a community sewer;
(ii) Limits on
the average and
maximum wastewater
constituents and characteristics;
(iii) Limits on
the average and maximum rate and time of
discharge or requirements for flow regulation and
equalization;
(iv) Requirements for
installation and maintenance
of
inspection and sampling facilities;
(v) Specifications for
monitoring programs which
may
include sampling locations, frequency of sampling, number,
types, and standards for tests and reporting schedule.
(vi) Control
through permit, order, or similar means, the
contribution to the POTW by each user to ensure compliance
with applicable Pretreatment Standards and Requirements. In the case of users
identified as significant under 40 CFR 403.3(t), this control shall be achieved
through permits or equivalent individual control mechanisms issued to each such
user. Such control mechanisms must be enforceable and contain, at a minimum,
the following conditions:
(A) Statement
of duration (in no case more than five years);
(B) Statement
of non-transferability without, at a minimum, prior notification to the POTW
and provision of a copy of the existing control mechanism to the new owner or
operator;
(C) Effluent
limits based on applicable general pretreatment standards in
part 403 of
this chapter,
18-35
categorical pretreatment standards, local limits, and State
and local law;
(D) Self-monitoring, sampling, reporting,
notification and recordkeeping requirements, including an
identification of the pollutants to be monitored, sampling
location, sampling frequency, and sample type, based on the
applicable general pretreatment standards in part 403 of
this chapter, categorical pretreatment standards, local
limits, and State and local law;
(E) Statement of applicable civil and
criminal
penalties for violation of pretreatment standards and
requirements, and any applicable compliance schedule.
Such schedules may not extend the compliance date beyond
applicable federal deadlines.
(vii)
Requirements for submission of technical reports or discharge reports;
(viii)
Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the city, and affording city access thereto:
(A) If sampling performed by user
indicates a
violation, the user shall notify the city within twenty-four
(24) hours of becoming aware of the violation. The user
shall also repeat the sampling and analysis and submit the
results of the repeat analysis to the city within thirty
(30)
days after becoming aware of the violation, except the user
is not required to resample if:
(1) The city
performs sampling at the user at a frequency of at least once per month, or
(2) The city
performs sampling at the user between the time when the user performs its
initial sampling and the time when the user receives the results of this
sampling;
(B) If a user subject to the reporting
requirement
in this section monitors any pollutant more frequently than
required by the city, using the procedures prescribed in
this
section, the results of this monitoring shall be included in
the report.
(ix) Requirements
for notification of the city of any new
introduction of wastewater constituents or any substantial
change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system;
(x) Requirements
for notification of slug discharges;
(xi) Other
conditions as deemed appropriate by the city to
ensure compliance with this chapter.
18-36
(d) Permit
modifications. Within nine (9) months of the promulgation of a national
categorical pretreatment standard, the wastewater discharge permit of users
subject to such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard. A user with an
existing wastewater discharge permit shall submit to the city manager within
one hundred and eighty (180) days after the promulgation of an applicable
federal categorical pretreatment standard the information required by
subsections (2)(b) above. The terms and conditions of the permit may be subject
to modification by the city manager during the term of the permit as limitations
or requirements are modified or other just cause exists. The user shall be
informed of any proposed changes in this permit at least thirty (30) days prior
to the effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(e) Permit
duration. Permits shall be issued for a specified time period, not to exceed
five (5) years. A permit may be issued for a period less than a year or may be
stated to expire on a specific date. The user shall apply for permit reissuance
a minimum of one hundred and eighty (180) days prior to the expiration of the
user's existing permit.
(f) Permit
transfer. 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 without the approval of the city. Any succeeding owner or
user shall also comply with the terms and conditions of the existing permit.
(g) Revocation
of permit. Any permit issued under the
provisions of this chapter is subject to be modified, suspended, or revoked in
whole or in part during its term for cause including, but not limited to, the
following:
(i) Violation
of any terms or conditions of the wastewater
discharge permit or other applicable federal, state, or
local law or regulation.
(ii) Obtaining a
permit by misrepresentation or failure to
disclose fully all relevant facts.
(iii) A change in
any condition that
requires either a
temporary or permanent discharge.
(iv) Intentional
failure of a user to accurately report the
discharge constituents and characteristics or to report
significant
changes in plant operations or wastewater characteristics.
(3) Confidential information. All
information and data
on a user
obtained from reports,
questionnaires, permit applications, permits
and
monitoring programs and from inspections shall be available to
the public or any
other
governmental agency without
restriction unless the
user specifically
18-37
requests and is able to demonstrate to the satisfaction of
the city manager that the release of such information would divulge information,
processes or methods of production entitled to protection as trade secrets of
the user.
When requested
by the person furnishing the report, the portions of a
report which might disclose trade secrets or secret
processes shall not be made
available for inspection by the public, but shall be made
available to
governmental agencies for use related to this chapter or the
city's or user's
NPDES permit. Provided, however, that such portions of a
report shall be
available for use by the state or any state agency in
judicial review or
enforcement proceedings involving the person furnishing the
report.
Wastewater constituents and characteristics will not be
recognized as
confidential
information. Information accepted
by the city
manager as
confidential shall not be transmitted to any governmental
agency or to the general public by the city manager until and unless prior and
adequate notification is given to the user.
(1989 Code, § 18-205)
18-206.
Discharge regulations. (1) General discharge prohibitions. No user shall
contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will interfere with the operation and performance of the POTW.
These general prohibitions apply to all such users of the POTW whether or not
the user is subject to National Categorical Pretreatment Standards or any other
national, state, or local pretreatment standards or requirements. A user may
not contribute the following substances to any POTW:
(a) Any
liquids, solids, or gases which, by reason of their nature or quantity, are, or
may be, sufficient, either alone or by interaction with other substances, to
cause fire or explosion or be injurious in any other way to the POTW or to the
operation of the POTW, including, but not limited to, waste streams with a
closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees
centigrade using the test methods specified in 40 CFR 261.21. At no time shall
two successive readings on an explosion hazard meter, at the point of discharge
into the system (or at any point in the system), be more than five percent (5%)
nor any single reading over twenty percent (20%) of the Lower Explosive Limit
(LEL) of the meter. Prohibited materials include, but are not limited to,
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromate, carbides,
hydrides and sulfides and any other substances which the city, the state or EPA
has notified the User is a fire hazard or a hazard to the system.
(b) Solid or
viscous substances which may cause obstruction to the flow in a 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
(½") in any dimension, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood,
18-38
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 or fuel or lubricating oil, mud or glass grinding or
polishing wastes.
(c) Any
wastewater having a pH less than 6.0 or higher than 9.0 or wastewater having
any other corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
(d) Any
wastewater containing any toxic pollutants, chemical elements or compounds in
sufficient quantity, either singly or by interaction with other pollutants, to
injure or interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters of the
POTW, or to exceed the limitation set forth in a categorical pretreatment
standard. A toxic pollutant shall include but not be limited to any pollutant
identified pursuant to section 307 (a) of the Act.
(e) Any noxious
or malodorous liquids, gases or solids which, either singly or by interaction
with other wastes, are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewers for maintenance and repair.
(f) Any
substance which may cause the POTW's effluent or any other product of the POTW,
such as residues, sludges, or scums, to be unsuitable, for reclamation and
reuse or to interfere with the reclamation process. In no case, shall a
substance discharged to the POTW cause the POTW to be in non-compliance with
sludge use or disposal criteria, guidelines or regulations developed under
section 405 of the Act; any criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the
Clean Air Act, the Toxic Substances Control Act or state criteria applicable to
the sludge management method being used.
(g) Any
substance which will cause the POTW to violate its NPDES Permit or the
receiving water quality standards.
(h) Any wastewater
causing discoloration of the wastewater
treatment plant effluent to the extent that the receiving
stream water quality requirements would be violated, such as, but not limited
to, dye wastes and vegetable tanning solutions.
(i) Any
wastewater having a temperature
which will inhibit
biological activity in the POTW treatment plant resulting in
interference, but in no case wastewater with a temperature at the introduction
into the POTW which exceeds 40 degrees Centigrade (104 degrees Fahrenheit).
(j) Any pollutants,
including oxygen
demanding pollutants
(BOD, etc.) released at a flow rate and/or pollutant
concentration which a user knows or has reason to know will cause interference
to the POTW.
18-39
(k) Any waters
or wastes causing an unusual volume of flow or
concentration of waste constituting "slug" as
defined herein.
(l) Any wastewater containing any
radioactive wastes or
isotopes of such halflife or concentration as may exceed
limits established by the city manager in compliance with applicable state or
federal regulations.
(m) Any wastewater
which causes a
hazard to human
life or
creates a public nuisance.
(n) Any waters
or wastes containing
fats, gas, grease
or oil,
whether emulsified or not, in excess of one hundred (100)
mg/1 or containing substances which may solidify or become viscous at
temperatures between 32 degrees or 150 degrees Fahrenheit (0 degrees and 65
degrees Centigrade).
(o) Any
stormwater, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer. Stormwater and all
other unpolluted drainage shall be discharged to such sewers as are
specifically designated as storm sewers, or to a natural outlet approved by the
city manager and the Tennessee Department of Environment and Conservation.
Industrial cooling water or unpolluted process water may be discharged on
approval of the city manager and the Tennessee Department of Environment and
Conservation to a storm sewer or natural outlet.
(p) Petroleum
oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference
or pass-through.
(q) Pollutants which
result in the
presence of toxic
gases,
vapors, or fumes within the POTW in a quantity that may
cause acute worker health and safety problems.
(r) Any trucked
or hauled pollutants,
except at discharged
points designated by the city.
(2) Regulation
of industrial user spills and batch discharges.
The city
shall randomly sample and analyze the effluent from
Industrial Users and conduct surveillance activities in order to identify,
independent of information supplied by industrial users, of occasional and
continuing noncompliance with pretreatment standards by inspecting and sampling
the effluent from each significant industrial user at least once a year and
evaluating, at least once every two years, whether each such significant IU
needs a plan to control slug discharges (spills and/or batch discharges). For
purposes of this subsection, a slug discharge includes, but is not limited to,
an accidental spill or a non-customary batch discharge. The results of such
activities shall be available to the city upon request. If the city decides
that a slug control plan is needed, the plan shall contain, at a minimum, the
following elements:
18-40
(a) Description
of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures
for immediately notifying the city manager of slug discharge, including any
discharges that would violate a prohibition under 40 CRF 403.5(b), with
procedures for follow-up written notification within five (5) days.
(d) If
necessary, procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and transfer of
materials, loading and unloading operation, control of plant site run-off,
worker training, building of containment structures of equipment, measures for
containing toxic organic pollutants (including solvents), and/or measures and
equipment for emergency responses.
(3) Hazardous
waste notification requirements.
(a) The industrial
user shall notify the city manager, the EPA Regional Waste
Management
Division Director, and state hazardous waste authorities in
writing of any
discharge in the city wastewater system of a substance,
which, if
otherwise disposed of, would be a hazardous waste under 40
CPR part
261. Such notification must include the name of the
hazardous waste as
set forth in 40 CFR part 261, the EPA hazardous waste
number, and the
type of discharge (continuous, batch, or other). If the IU
discharges more
than 100 kilograms of such waste per calendar month to the
city
wastewater system, the notification shall also contain the
following
information to the extent such information is known and
readily available
to the IU: an identification of the hazardous constituents
contained in
the waste, an estimation of the mass and concentration of
such
constituents in the wastestream discharged during the
calendar month,
and an estimation of the mass of constituents in the
wastestream
expected to be discharged during the following twelve
months. All
notifications must take place within 180 days of the
effective date of this
rule. IU's who commence discharging after the effective date
of this rule
shall provide the notification no later than one hundred and
eighty (180)
days after the discharge of the listed or characteristic
hazardous waste.
Any notification under this paragraph need be submitted only
once for
each hazardous waste discharged. However, notifications of
changed
discharges must be submitted under 40 CRF 403.12 (j). The
notification
requirement in this section does not apply to pollutants
already reported
under the self-monitoring requirements of 40 CFR 403.12 (b),
(d), and (e).
(b) Dischargers
are exempt from the requirements of subsection
(a) of this section during a calendar month in which they
discharge no more than fifteen (15) kilograms of hazardous waste, unless the
waste is acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e).
Discharge of more than fifteen kilograms of non-acute hazardous waste
18-41
in a calendar month or of any quantity of acute hazardous
waste as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the IU discharges more than such
quantities of any hazardous waste do not require additional notification.
(c) In the case
of any new regulations under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the IU must notify the city manager, the EPA Regional Waste
Management Division Director, and state hazardous waste authorities of the
discharge of such substance within ninety (90) days of the effective date of
such regulations.
(d) In the case
of any notification made under any part of this section, the IU shall certify
that it has a program in place to reduce the volume and toxicity of hazardous
waste generated to the degree it has determined to be economically practical.
(4) Limitations
on discharge strength: Table 1. No person or user shall discharge wastewater
which exceeds the following set of standards (Table I - Limitations on
Discharge Strength) unless an exception is permitted as provided in this
chapter. Dilution of any wastewater discharge for the purpose of satisfying
these requirements shall be considered in violation of this chapter. (See Table
1 on page 58.)
(5) Protection
of treatment plant influent. The city manager shall monitor the treatment works
influent for each parameter in the following table. (Table 2 - Plant Protection
Criteria.) Industrial users shall be subject to report and monitoring
requirements regarding these parameters as set forth in this chapter. In the
event that the influent at the POTW reaches or exceeds the levels established
by this table, the city manager shall initiate technical studies to determine
the cause of the influent violation and shall recommend to the city the
necessary remedial measures, including, but not limited to, recommending the
establishment of new or revised pretreatment levels for these parameters. The
city manager shall also recommend changes to any of these criteria in the event
that: the POTW effluent standards are changed, there are changes in any
applicable law or regulation affecting same or changes are needed for more
effective operation of the POTW. (See
Table 2 on page 60.)
(6) Federal
categorical pretreatment standards. Upon
the promulgation of the federal categorical pretreatment standards for a
particular industrial subcategory, the federal standard, if more stringent than
limitations imposed under the chapter for sources in that subcategory, shall
immediately supersede the limitations imposed under this chapter. The city
manager shall notify all affected users of the applicable reporting
requirements under 40 CFR, section 403.12.
(7) Right to
establish more restrictive criteria. No statement in this chapter is intended
or may be construed to prohibit the city manager from establishing specific
wastewater discharge criteria
more restrictive where
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wastes are determined to be harmful or destructive to the
facilities of the POTW or to create a public nuisance, or to cause the
discharge of the POTW to violate effluent or stream quality standards, or to
interfere with the use of handling of sludge, or to pass through the POTW
resulting in a violation of the NPDES permit, or to exceed industrial
pretreatment standards for discharge to municipal wastewater treatment systems
as imposed or as may be imposed by the Tennessee Department of Environment and
Conservation and/or the United States Environmental Protection Agency.
(8) Exceptions to
discharge criteria. (a)
Application for exception.
Non-residential users of the POTW may apply for a temporary
exception to the prohibited and restricted wastewater discharge criteria listed
in §§ 18-206(1) and 18-206(2) of this chapter. Exceptions can be granted
according to the following guidelines.
The city
manager shall allow applications for temporary exceptions at any time. However,
the city manager shall not accept an application if the applicant has submitted
the same or substantially similar application within the preceding year and the
same has been denied by the city.
All
applications for an exception shall be in writing, and shall contain sufficient
information for evaluation of each of the factors to be considered by the city
in its review of the application.
(b) Conditions. All exceptions granted under this
subsection
shall be temporary and subject to revocation at any time by
the city manager upon reasonable notice.
The user requesting the exception must
demonstrate to the city manager that he is making a concentrated and serious
effort to maintain high standards of operation control and housekeeping levels,
etc., so that discharges to the POTW are being minimized. If negligence is
found, permits will be subject to termination. The user requesting the
exception must demonstrate that compliance with stated concentration and
quantity standards is technically or economically infeasible and the discharge,
if expected, will not:
(i) Interfere
with the normal collection and operation of
the wastewater treatment system.
(ii) Limit the
sludge management alternatives available
and increase the cost of providing adequate sludge
management.
(iii) Pass through
the POTW in
quantities and/or
concentrations that would cause the POTW to violate its
NPDES
permit.
The user must
show that the exception, if granted, will not cause the discharger to violate
its in-force federal pretreatment standards unless the exception is granted
under the provisions of the applicable pretreatment regulations.
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A surcharge
shall be applied to any exception granted under this subsection. These
surcharges shall be applied for that concentration of the pollutant for which
the variance has been granted in excess of the concentration stipulated in this
chapter based on the average daily flow of the user.
(c) Review of
application by the city manager. All applications for an exception shall be
reviewed by the city manager. If the application does not contain sufficient
information for complete evaluation, the city manager shall notify the
applicant of the deficiencies and request additional information. The applicant
shall have thirty (30) days following notification by the city manager to
correct such deficiencies. This thirty (30) day period may be extended by the
city upon application and for just cause shown. Upon receipt of a complete
application, the city manager shall evaluate same within thirty (30) days and
shall submit his recommendations to the city at its next regularly scheduled
meeting.
(d) Review of
application by the city. The city shall review and evaluate all applications
for exceptions and shall take into account the following factors:
(i) Whether or
not the applicant is subject to a national
pretreatment standard containing discharge limitations more
stringent than those in § 18-206 and grant an exception only if such exception
may be granted within limitations of applicable federal regulations;
(ii) Whether or
not the exception would
apply to
discharge of a substance classified as a toxic substance
under regulations promulgated by the Environmental Protection Agency under the
provisions of section 307(a) of the act (33 U.S.C. 1317) and then grant an
exception only if such exception may be granted within the limitations of
applicable federal regulations.
(iii) Whether or
not the granting of an exception would
create conditions that would reduce the effectiveness of the
treatment works taking into consideration the concentration of said pollutant
in the treatment works influent and the design capability of the treatment
works.
(iv) The cost
of pretreatment or
other types of
control
techniques which would be necessary for the user to achieve
effluent reduction, but prohibitive costs alone shall not be the basis for
granting an exception;
(v) The age
of equipment and
industrial facilities
involved to the extent that such factors affect the quality
or quantity of wastewater discharge;
(vi) The process
employed by the
user and process
changes available which would affect the quality or quantity
of wastewater discharge;
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(vii) The
engineering aspects of various types of pretreatment or other control
techniques available to the user to improve the quality or quantity of
wastewater discharge;
(viii) Accidental discharge. (A) Protection from accidental
discharge. All industrial users shall provide such
facilities
and institute such procedures as are reasonably necessary
to prevent or minimize the potential for accidental
discharge
into the POTW of waste regulated by this chapter from
liquid or raw material storage areas, from truck and rail
car
loading and unloading areas, from in-plant transfer or
processing and materials handling areas, and from diked
areas or holding ponds of any waste regulated by this
section. The wastewater discharge permit of any user who
has a history of significant leaks, spills or other
accidental
discharge or waste regulated by this chapter shall be
subject
on a case-by-case basis to a special permit condition or
requirement for the construction of facilities,
establishment
of procedures which will prevent or minimize the potential
for such accidental discharge. Facilities to
prevent
accidental discharge of prohibited materials shall be
provided and maintained at the user's expense. Detailed plans showing the
facilities and operating procedures shall be submitted to the city manager
before the facility is constructed.
The review and
approval of such plans and operating procedures will in no way relieve the user
from the responsibility of modifying the facility to provide the protection
necessary to meet the requirements of this chapter.
(B) Notification of
accidental discharge. Any
person causing or suffering from any accidental discharge
shall immediately notify the city manager (or his designated official) by
telephone to enable counter-measures to be taken by the city manager to
minimize damage to the POTW, the health and welfare of the public and the
environment.
This
notification shall be followed, within five (5) days of the date of occurrence,
by a detailed written statement describing the cause of the accidental
discharge and the measures being taken to prevent future occurrence.
Such
notification will not relieve the user of liability for any expense, loss, or
damage to the POTW, fish kills or any other damage to person or property; not
shall such notification relieve the user of any fines, civil penalties or
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other liability which may be imposed by this chapter or
state or federal law.
(C) Notice to
employees. A notice
shall be
permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a dangerous
discharge. Employers shall ensure that all employees who may cause or suffer
such a dangerous discharge to occur are advised of the emergency notification
procedure. (1989 Code, § 18-206)
18-207.
Industrial user monitoring, inspection reports, records and safety. (1)
Monitoring facilities. The installation of a monitoring facility shall be
required for all industrial users having wastes which receive pretreatment, are
otherwise altered or regulated before discharge, or are unusually strong and
thereby subject to a surcharge. Monitoring facility shall be a manhole or other
suitable facility approved by the city manager.
When, in the
judgment of the city manager, there is a significant difference in wastewater
constituents and characteristics produced by different operations of a single
user, the city manager may require that separate monitoring facilities be
installed for each separate source of discharge.
Monitoring
facilities that are required to be installed shall be constructed and
maintained at the user's expense. The purpose of the facility is to enable
inspection, sampling and flow measurement of wastewater produced by a user. If
sampling or metering equipment is also required by the city manager, it shall be
provided and installed at the user's expense.
The monitoring
facility will normally be required to be located on the user's premises outside
of the building. The city manager may, however, when such a location would be
impractical or cause undue hardship on the user, allow the facility to be
constructed in the public street right-of-way with the approval of the public
agency having jurisdiction of that right-of-way and located so that it will not
be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such
sampling manhole or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense
of the user.
Whether
constructed on public or private property, the monitoring facilities shall be
constructed in accordance with the city manager's requirements and all
applicable local agency construction standards and specifications. Construction
must be completed within 180 days following written notification unless an
extension is granted by the city manager.
(2) Inspection
and sampling. The city shall inspect the facilities of any
user to ascertain whether the purpose of this chapter is
being met and all requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the city or
their representative
18-46
ready access at all reasonable times to all parts of the premises
for the purpose of inspection, sampling, records examination or in the
performance of any of their duties. The city, approval authority and EPA shall
have the right to set up on the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering
operations. Where a user has security measures in force which would require
proper identification and clearance before entry into their premises, the user
shall make necessary arrangements with their security guards so that, upon
presentation of suitable identification, personnel from the city, approval
authority and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibility. The city manager or his representatives
shall have no authority to inquire into any manufacturing process beyond that
point having a direct bearing on the level and sources of discharge to the
sewers, waterways or facilities for waste treatment.
(3) Compliance date report. Within ninety (90) days
following the date
for final compliance with applicable pretreatment standards
or, in the case of a
new source, following commencement of the introduction of
wastewater into the
POTW, any user subject to pretreatment standards and
requirements shall
submit to the city manager a report indicating the nature
and concentration of
all pollutants in the discharge from the regulated process
which are limited by
pretreatment standards and requirements and the average and
maximum daily
flow for these process units in the user facility which are
limited by such
pretreatment standards or requirements. The report shall
state whether the
applicable pretreatment standards or requirements are being
met on a
consistent basis and, if not, what additional O & M
and/or pretreatment is
necessary to bring the user in compliance with the
applicable pretreatment
standards or requirements. This statement shall be signed by
an authorized
representative of the industrial user and certified to by a
qualified professional.
(4) Periodic
compliance reports. (a) Any user subject to a pretreatment
standard, after the compliance date of such pretreatment
standard, or, in
the case of a new source, after commencement of the discharge
into the
POTW, shall submit to the city manager during the months of
June and
December, unless required more frequently in the
pretreatment standard
or by the city manager, a report indicating the nature and
concentration,
of pollutants in the effluent which are limited by such
pretreatment
standards. In addition, this report shall include a record
of all daily flows
which, during the reporting period, exceeded the average
daily flow. At
the discretion of the city manager and in consideration of
such factors as
local high or low flow rates, holidays, budget cycles, etc.,
the city manager
may agree to alter the months during which the above reports
are to be
submitted.
(b) The city
manager may impose mass
limitations on users
where the imposition of mass limitations are
appropriate. In such cases,
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the report required by subsection (4)(d) of this section
standards in the effluent of the user.
(c) The reports
required by this section shall contain the results
of sampling and analysis of the discharge, including the
flow and the nature and concentration, or production and mass where requested
by the city manager, of pollutants contained therein which are limited by the
applicable pretreatment standards. The frequency of monitoring shall be prescribed
in the wastewater discharge permit or the pretreatment standard. All analyses
shall be performed in accordance with procedures established by the
administrator pursuant to Section 304(g) of the Act and contained in 40 CFR,
Part 136 and amendments thereto or with any other test procedures approved by
the city manager. Sampling shall be performed in accordance with the techniques
approved by the city manager.
(5) Maintenance of records. Any industrial user
subject to the
reporting requirements established in this section shall
maintain records of all
information resulting from any monitoring activities
required by this section.
Such records shall include for all samples:
(a) The date,
exact place, method, and time of sampling and the names of the persons taking
the samples;
(b) The dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used; and
(e) The results of such analyses.
Any industrial
user subject to the reporting requirement established in this section shall be
required to retain for a minimum of three (3) years all records of monitoring
activities and results (whether or not such monitoring activities are required
by this section) and shall make such records available for inspection and
copying by the city manager, director of the Division of Water Pollution
Control, Tennessee Department of Environment and Conservation, or the
Environmental Protection Agency. This period of retention shall be extended
during the course of any unresolved litigation regarding the industrial user or
when requested by the city manager, the approval authority, or the
Environmental Protection Agency.
(6) Safety. While performing the necessary work on
private properties,
the city manager 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
monitoring and sampling operation, except as such may be
caused by negligence
or failure of the company to maintain safe conditions. (1989 Code, § 18-207)
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18-208. Enforcement
and abatement, fines, and penalty costs.
(1)
Notification of violation. Whenever the superintendent finds that any
industrial user has violated or is violating this ordinance, or a wastewater
permit or order issued hereunder, the city manager will serve upon said user
written notice of the violation. This will be the first step in the Enforcement
Response Guide (Appendix A). Within ten (10) days of the receipt date of this
notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions, shall
be submitted to the city manager. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after receipt of
the Notice of Violation. (See Appendix
A.)
(2) Consent
orders. When the superintendent finds that an industrial user has violated this
ordinance or permit, the city manager is empowered to enter into Consent
Orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the industrial user responsible for the noncompliance.
Such orders will include specific action to be taken by the industrial user to
correct the noncompliance within a time period also specified by the order.
Consent Orders shall have the same force and effect as administrative orders
issued pursuant to § 18-208(4).
(3) Show cause
hearing. When the superintendent finds that an industrial user has violated
this ordinance or permit, the city manager may order any industrial user which
causes or contributes to a violation of this ordinance or wastewater permit or
order issued hereunder, to show cause before the city council why a proposed
enforcement action should not be taken. Notice shall be served on the user
specifying the time and place for the meeting, the proposed enforcement action
and the reasons for such action, and a request that the user show cause why
this proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing. Such notice may be
served on any principal executive, general partner, or corporate officer.
Whether or not a duly notified industrial user appears as noticed, immediate
enforcement action may be pursued.
(4) Compliance
order. When the superintendent finds
that an industrial user has violated or continues to violate the ordinance or a
permit or order issued thereunder, the city manager may issue an order to the
industrial user responsible for the discharge directing that, following a
specified time period, sewer service shall be discontinued unless adequate
treatment facilities, devices, or other related appurtenances have been
installed and are properly operated. Orders may also contain such other
requirements as might be reasonably necessary and appropriate to address the
noncompliance, including the installation of pretreatment technology,
additional self-monitoring, and management practices.
(5) Cease and
desist orders. When the superintendent finds that an industrial user has
violated or continues to violate this ordinance or any permit
18-49
or order issued hereunder, the city manager may issue an
order to cease and desist all such violations and direct those persons in
noncompliance to:
(a) Comply forthwith;
(b) Take such
appropriate remedial or preventive action as may be needed to properly address
a continuing or threatened violation, including halting operations and
terminating the discharge.
(6) Administrative fines. Notwithstanding any other
section of this
ordinance, any user who is found to have violated any
provision of this
ordinance, or permits and orders issued hereunder, shall be
fined according to
the fine schedule below (Table 3 - Violations/Offense Fine
Schedule). Each day
on which noncompliance shall occur or continue shall be
deemed a separate and
distinct violation. Such assessments may be added to the
user's next scheduled
sewer service charge and the city shall have such other
collection remedies as
it has to collect other service charges. Unpaid charges,
fines, and penalties shall
constitute a lien against the individuals user's property.
Industrial users
desiring to dispute such fines must file a request for the
city to reconsider the
fine within ten (10) days of being notified on the fine.
Where the city manager
believes a request has merit, he shall convene a hearing on
the matter within
fifteen (15) days of receiving the request from the
industrial user. (See Table
page 61.)
(7) Emergency
suspensions. (a) When the superintendent finds that an
industrial user has violated this ordinance or permit, the
city manager
may suspend the wastewater treatment service and/or
wastewater permit
of an industrial user whenever such suspension is necessary
in order to
stop an actual or threatened discharge presenting or causing
an
imminent or substantial endangerment to the health or
welfare of
persons, the POTW, or the environment.
(b) Any user
notified of a suspension of the wastewater treatment service and/or the
wastewater permit shall immediately stop or eliminate this contribution. In the
event of a user's failure to immediately comply voluntarily with the suspension
order, the city manager shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to
the POTW, its receiving stream, or endangerment to any individuals. The city
manager shall allow the user to recommence its discharge when the endangerment
has passed unless the termination proceedings set forth in § 18-208(8) are
initiated against the user.
(c) An
industrial user which is responsible, in whole or in part, for imminent
endangerment shall submit a detailed written statement describing the causes of
the harmful contribution and the measures taken to prevent any future
occurrence to the city manager prior to the date service is re-established.
(8) Termination of permit. Significant industrial
users proposed to
discharge into the POTW, must first obtain a wastewater
discharge permit from
18-50
the City. Any user who violates the following conditions of
this ordinance or a wastewater discharge permit or order, or any applicable or
state and federal law, is subject to permit termination:
(a) Violation of permit conditions;
(b) Failure to
accurately report the wastewater constituents and characteristics of its
discharge;
(c) Failure to
report significant changes in operations or wastewater constituents and
characteristics;
(d) Refusal of
reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling.
Noncompliant
industrial users will be notified of the proposed termination of their
wastewater permit and be offered an opportunity to show cause under § 18-208(3)
of this chapter why the proposed action should not be taken.
(9) Judicial
remedies. If any person discharges sewage, industrial wastes, or other wastes
into the wastewater disposal system contrary to the provisions of this
ordinance or any order or permit issued hereunder, the city manager, through
the city attorney, may commence an action for appropriate legal and/or
equitable relief in the Chancery Court of Cumberland County.
(10) Injunctive
relief. Whenever an industrial user has violated or continues to violate the
provisions of this ordinance or permit or order issued hereunder, the city
manager through counsel may petition the court for the issuance of a
preliminary or permanent injunction or both (as may be appropriate) which
restrains or compels the activities on the part of the industrial user. The
city shall have such remedies to collect these fees as it has to collect other
sewer service charges.
(11) Civil
penalties. (a) Any industrial user who has violated or
continues to violate this ordinance or any order or permit
hereunder,
shall be liable to the city for a civil penalty of at least
one thousand
dollars ($1,000) per day plus actual damages incurred by the
POTW per
violation per day for as long as the violation continues. In
addition to the
above-described penalty and damages, the city may recover
reasonable
attorney's fees, court costs, and other expenses associated
with the
enforcement activities, including sampling and monitoring
expenses.
(b) The city
shall petition the
court to impose,
assess, and
recover such sums. In determining the amount of liability,
the court shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the industrial user's violation,
corrective actions by the industrial user, the compliance history of the user,
and any other factor as justice requires.
(12) Criminal
Prosecution. (a) Violations--generally.
(i) Any industrial user
who willfully or
negligently
violates any provision of this ordinance or any orders or
permits
18-51
issued hereunder, shall, upon conviction, by guilty of a
misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000)
per violation per day or imprisonment for not more than one year or both.
(ii) In the
event of a second conviction, the user shall be
punishable by a fine not to exceed three thousand dollars
($3,000) per violation per day or imprisonment for not more than three (3)
years or both.
(b) Falsifying information. (i) Any industrial user
who
knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other document
filed or required to be maintained pursuant to this ordinance, or wastewater
permit, or who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not more than one thousand dollars
($1,000) per violation.
(ii) In the
event of a second conviction, the user shall be
punishable by a fine not to exceed three thousand dollars
($3,000) per violation per day or imprisonment for not more than three (3)
years or both.
(13) Annual
publication of significant violations. When
the superintendent finds that an industrial user has violated this ordinance or
permit, the city manager shall publish, at least annually in the largest
newspaper circulated in the service area, a description of those industrial
users which are found to be in significant violation, as defined in §
18-208(17), with any provisions of this ordinance or any permit or order issued
hereunder during the period since the previous publication.
(14) Water
supply severance. Whenever an industrial user has violated or continues to
violate the provisions of this ordinance or an order or permit issued
hereunder, water service to the industrial user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply.
(15) Affirmative
defenses. (a) Any industrial user which experiences an
upset in operations that places it in a temporary state of
noncompliance,
which is not the result of operational error, improperly
designed
treatment facilities, inadequate treatment facilities, lack
of preventive
maintenance, or careless or improper operation, shall inform
the city
manager thereof immediately upon becoming aware of the
upset. Where
such information is given orally, a written report thereof
shall be filed by
the user within five (5) days. The report shall contain:
(i) A
description of the upset, its cause(s), and impact on
the discharger's compliance status;
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(ii) The
duration of noncompliance, including exact dates
and times of noncompliance and, if the noncompliance is
continuing, the time by which compliance is reasonably expected to be restored;
(iii) All steps
taken, or planned, to reduce, eliminate, and
prevent recurrence of such an upset.
(b) An industrial
user which complies
with the notification
provisions of this section in a timely manner shall have an
affirmative defense to any enforcement action brought by the city manager for
any noncompliance with this ordinance, or an order or permit issued hereunder
by the user, which arises out of violations attributable to and alleged to have
occurred during the period of the documented and verified upset.
(16) Treatment
bypasses. (a) A bypass of the treatment system is
prohibited unless all of the following conditions are met:
(i) The bypass
was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(ii) There was
no feasible alternative to
the bypass,
including the use of auxiliary treatment or retention of the
wastewater; and
(iii) The industrial user properly notified the
superintendent as described in subsection (b) below.
(b) Industrial users must provide immediate
notice to the city manager upon discovery of an unanticipated bypass. If
necessary, the superintendent may require the industrial user to submit a
written report explaining the cause(s), nature, and duration of the bypass, and
the steps being taken to prevent its recurrence.
(c) An
industrial user may allow a bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it is for essential
maintenance to ensure efficient operation of the treatment system. Industrial
users anticipating a bypass must submit notice to the city manager at least ten
(10) days in advance. The city manager may only approve the anticipated bypass
if the circumstances satisfy those set forth in subsection (a) above.
(17) Magnitude of the violation.
Generally, an isolated instance of
noncompliance can be met with an informal response or a
notice of violation.
However, since even an isolated violation could threaten
public health and the
environment, damage public and private property, or threaten
the integrity of
the city's program (e.g., falsifying a self-monitoring
report), EPA recommends
that cities respond to any "significant
non-compliance" with an enforceable order
that requires a return to compliance by a specific deadline.
EPA has defined
significant noncompliance in its general pretreatment
regulations (see 55 FR
July 24, 1990) as violations which meet one or more of the
following criteria:
18-53
(a) Violations
of wastewater discharge limits. (i) Chronic
violations. Sixty-six percent (66%) or more of the
measurements
exceed the same daily maximum limit or the same average
limit
in a six (6) month period (any magnitude of exceedance).
(ii) Technical Review
Criteria (TRC). Those
in which
thirty-three percent or more of all of the measurements for
each pollutant parameter taken during a six-month period equal or exceed the
product of the daily maximum limit or the average limit multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all
other pollutants except pH.
(iii) Any other
violation(s) of effluent
limit (average or
daily maximum) that the city believes has caused, alone or
in combination with other discharges, interference or pass-through or
endangered the health of the sewage treatment personnel or the public.
(iv) Any discharge of
a pollutant that
has caused
imminent endangerment to human health/welfare or to the
environment and has resulted in the POTW's exercise of its emergency authority
to halt or prevent such a discharge.
(b) Violations
of compliance schedule milestones contained in a local control mechanism or
enforcement order, for starting construction, completing construction, and
attaining final compliance by ninety (90) days or more after the schedule date.
(c) Failure to
provide reports for compliance schedules, self-monitoring data, or categorical
standards (baseline monitoring reports, 90-day compliance reports, and periodic
reports) within thirty (30) days from the due date.
(d) Failure to accurately report noncompliance.
(e) Any other
violation or group of violations that the city considers to be
significant. (1989 Code, § 18-208)
18-209. Fees
and billing. (1) Purpose. It is the purpose of this section to provide for the
equitable recovery of costs from users of the city's wastewater treatment
system, including costs of operation, maintenance, administration, bond service
costs, capital improvements, and depreciation.
(2) Types of
charges and fees. The charges and fees
as established in
the city's schedule of charges and fees may include (but not
be limited to):
(a) Fees for applications for discharge;
(b) Inspection fee and tapping fee;
(c) Sewer charge;
(d) Surcharge fee;
(e) Industrial wastewater discharge permit fee;
(f) Fees for industrial discharge monitoring; and
18-54
(g) Other fees
as the city may deem necessary to carry out the
requirements of this ordinance.
(3) Fees for
applications for discharge. A fee may be charged when a user or prospective
user makes application for discharge as required by § 18-205.
(4) Inspection fee and tapping fee. An
inspection fee and tapping fee for a building sewer installation shall be paid
to the city at the time the application is filed. Fees shall cover the costs of
inspecting new and/or existing plumbing within subject building establishments
as well as inspection of building sewers, property sewers, and sewer service
lines and connections to the public sewers.
The inspection fee and tapping fee shall be set by the city council.
(5) Sewer
charge. (a) Determination of costs. The city council shall
establish monthly rates and charges for the use of the
wastewater system
and for the services supplied by the wastewater system. Said
charges
shall be based upon the cost categories of administration
costs (including
billing and accounting costs), operation and maintenance
costs of the
wastewater collection and treatment system (including
replacement), and
debt service costs. The sewer charge shall have two
components, namely:
user charge and debt service costs.
(b) User charge. (i)
The user charge shall reflect the costs of
administration, and operation and maintenance (including
replacement) of the public sewerage facilities.
(ii) Each user
shall pay its
proportionate share of
administration, and operation and maintenance (including
replacement) costs based on volume of flow.
(iii) The city
manager of the
sewerage facilities shall
review not less often than every two (2) years the sewage
contributions of users, the total costs of administration and operation and
maintenance (including replacement) of the sewerage facilities and the user
charge system. The city manager shall recommend to the city council the user
charge (if necessary) to accomplish the following:
(A) Maintain
the proportionate distribution of administration, operation, and maintenance
costs among users as provided herein; and
(B) Generate
sufficient revenue to pay the total administration, operation, and maintenance
costs (including replacement) of the sewerage facilities.
(iv) All flow
to the sewerage facilities not
directly
attributable to the users (i.e., infiltration/inflow) shall
be distributed among all users of the sewerage facilities based upon the volume
of flow of the users.
(v) Each user
shall be notified
at least annually
(in
conjunction with a regular bill) of the rate and that
portion of the
18-55
sewer user charge
which is attributable
to administration, and operation and maintenance of the sewerage
facilities.
(c) Debt
service costs. The sewer charge shall also contain a component to reflect the
costs of debt service incurred in conjunction with capital expenditures that
have previously been made or may be made in the future to improve, upgrade, or
extend the public sewerage facilities.
(d)
Adjustments. The volume of water purchased which is used in the calculation of
sewer use charges may be adjusted by the city manager if a user purchases a
significant volume of water for a consumptive use and does not discharge it to
the public sewers (i.e., filling swimming pools, industrial heating and
humidifying equipment, etc.). The user shall be responsible for documenting the
quantity of waste discharge to the public sewer.
(6) Surcharge
fees. (a) Should a
user of the wastewater system be
determined by the city manager to be discharging wastewater
into the system with an average biochemical-oxygen demand (BOD) content in
excess of 300 mg/1 by weight, and/or an average suspended solids (SS) content
in excess of 300 mg/1 by weight, the users shall pay a surcharge based upon the
excess strength of their wastes.
(b) The costs
of treatment for each pound of BOD and SS removed by the sewerage facilities
shall be reviewed at the end of each fiscal year and appropriate surcharge
rates applied to the sewage billing. These rates shall be in effect until the
next annual rate review.
(c) When either
or both the BOD and SS quantities discharged into the treatment works is in
excess of those described in paragraph (6)(a) above, the following formula
shall be used to compute the appropriate surcharge fees with the total applied
to the monthly bill of affected users:
[A(C-300) + B(D-300)] 8.34 x E x F = Surcharge Payment
1000 ($/Month)
Where:
A = Surcharge Rate for BOD in $/lb = $**/lb B = Surcharge
Rate for SS in $/lb = $**/lb C = Industrial User's BOD Concentration in mg/1 D
= Industrial User's SS Concentration in mg/1
E = Industrial User's Flow to sewerage facilities in 1000
gallons/day F = Number of Days in Month ** See Rate Schedule for applicable
charges.
(d) No reduction in sewage service charges, fees,
or taxes shall
be permitted because of the fact that certain wastes
discharged to the
sewerage facilities contain less than 300 mg/1 of BOD or 300
mg/1 of SS.
18-56
(e) If it is
determined by the city that the discharge of other
loading parameters or wastewater substances are creating
excessive operation and maintenance costs within the wastewater system, whether
collection or treatment, then the monetary effect of such a parameter or
parameters shall be borne by the discharger of such parameters in proportion to
the amount of discharge.
(7) Industrial
wastewater discharge permit fees. A fee may be charged for the issuance of an
industrial wastewater discharge permit in accordance with § 18-205.
(8) Fees for
industrial discharge monitoring. Fees may be collected from industrial users
having pretreatment or other discharge requirements to compensate the city for
the necessary compliance monitoring and other administrative duties of the
pretreatment program.
(9) Billing.
The billing for normal domestic wastewater services shall consist of monthly
billing in accordance with the rates specified by the city, subject to net and
gross rates. (1989 Code, § 18-209)
18-210.
Validity. This chapter and its provisions shall be valid for all service areas,
regions, and sewage works under the jurisdiction of the City of Crossville,
Tennessee. (1989 Code, § 8-210)
TABLE 1
LIMITATIONS ON DISCHARGE STRENGTH (Subject to change with
new permit requirements)
Constituent
Daily Average
Maximum
Concentration
(mg/l)
Instantaneous
Maximum
Concentration
(mg/l)
Compatile Wastes (Surcharge Limits):
Biochemical Oxygen Demand (BOD)
300
600
Chemical Oxygen Demand (COD)
1,500
2,500
Settleable Solids
15
30
Total Suspended Solids
300
600
Ammonia, as N
30
60
Constituent
Incompatible Wastes (Permit Limits):
Arsenic
Cadmium
Chromium, Total
Copper
Cyanide, Total
Lead
Mercury
Nickel
Zinc
Pesticides
pH
Oil and Grease
*BDL - Below
Detectable Limit (as added by Ord. #498, § I, Nov. 1991)
18-57
Daily Average Instantaneous
Maximum Maximum
Concentration Concentration
(mg/l) (mg/l)
1.0
2.0
.13
.26
4.96
9.92
1.89
3.78
.149
.298
.42
.84
.066
.132
4.27
8.54
3.91
7.82
BDL*
6.0 min. - 9.0 max.
standard units
200
100 200
18-58
TABLE 2
PLANT PROTECTION CRITERIA (Subject to change with new permit
requirements)
Parameter
Maximum Concentration
mg/l (24-Hour Flow)
Proportional Composite
Sample
Compatible Wastes:
Biochemical Oxygen Demand
*
Chemical Oxygen Demand
*
Settleable Solids
*
Total Suspended Solids
*
Ammonia, as N
*
Incompatible Wastes:**
Cadmium
.009
Chromium #3
.094
Chromium #6
.002
Copper
.190
Cyanide
.014
Lead
.041
Mercury
.0064
Nickel
.409
Phenols
.692
Silver
.0118
Zinc
.067
* Based
on design or treatment capacity of plant
** These
limits are based on "Federal Guidelines: State and Local
Pretreatment
Programs" January 1977.
EPA-430-9-76-017a (as added by Ord. #498, § I, Nov. 1991, modified)
18-59
TABLE 3
CROSSVILLE SEWER USE ORDINANCE
INDUSTRIAL USER DISCHARGE PERMIT
VIOLATIONS/OFFENSE FINE SCHEDULE
NONCOMPLIANCE
NATURE OF VIOLATION
FINE
Unpermitted discharge
IU unaware no harm to POTW
No fine
IU unaware harm to POTW
$50 per violation
Exceedance of local or federal standard (permit limit)
Isolated no harm to POTW
No fine
Recurring no harm to POTW
$50 per violation
Recurring (harm)
$500 per violation
Monitoring and reporting violation
Insignificant
No fine
Significant report over 60 days late
$50 per day
No report
$500
Failure to report spill (harm)
$1,000
Failure to monitor as required in permit
No fine
Recurring failure to monitor after NOV
$500
Missed compliance milestone by over 30 days (no good cause)
$50 per day
Illegal discharge
Unaware no harm
No fine
Recurring
$50 per day
18-60
NONCOMPLIANCE NATURE OF
VIOLATION FINE
Inadequate recording Recurring $500
keeping
Failure to report Recurring $500
additional monitoring
NOTE: Each parameter
shall be considered
a separate violation
and
subject to fine schedule.
Each day of violation shall be considered a separate incident subject to
fine schedule. (as added by Ord. #498, § I, Nov. 1991)
18-61
APPENDIX A
ENFORCEMENT RESPONSE PLAN ENFORCEMENT RESPONSE GUIDE
Factors to be considered in selecting the alternative
enforcement options for each type of noncompliance will be based on:
- Good faith of user
- Compliance history of user
- Previous success
of enforcement actions
taken against the
IU (e.g.,
NOVS have not
previously been a
success in returning
IU to compliance)
- Violation's effect on the receiving waters
- Violation's effect on the POTW
DESCRIPTION OF TERMS IN ENFORCEMENT RESPONSE GUIDE
AO - Administrative order
Civil
Litigation - Civil
litigation against the
IU seeking equitable
relief, monetary penalties and actual damages
Criminal
Litigation - Pursuing
punitive measures against
an individual and/or
organization through a court of law
Fine - Monetary penalty assessed by control authority
officials. Fines should be assessed by
POTW Superintendent and/or City Manager
I - Inspector
IU - Industrial User
POTW - Publicly owned treatment works
Meeting - Informal
compliance meeting with
the IU to
resolve recurring noncompliance
NOV - Notice of violation
PC - Pretreatment Coordinator
S - Superintendent of Wastewater Facility
SV - Significant Violation (1989 Code)
18-62
CROSSVILLE ENFORCEMENT RESPONSE GUIDE
UNAUTHORIZED
DISCHARGES (NO PERMIT)
NONCOMPLIANCE
NATURE OF VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1.
Unpermitted Discharge
IU unaware of
requirement; no
harm to POTW/ environment
Phone call; NOV with
application form
S/CM
IU unaware of requirement; harm to POTW
AO with fine civil
action
CM CM
Failure to apply continues after
notice by POTW
civil action criminal
invest terminate serv.
CM CM CM
2.
Non-permitted discharge (failure to renew)
IU has not
submitted application
within 10 days of
due date
phone call; NOV
S/CM
DISCHARGE LIMIT VIOLATION
1.
Exceedance of
local or
federal standard (permit limit)
Isolated, not significant
phone call; NOV
S/CM
Isolated, significant
(No Harm)
AO to develop
spill prevention plan and fine
CM
Isolated, harm to
POTW or environment
show cause order civil
action
CM CM
Recurring, no harm to POTW/ environment
AO with fine
CM
Recurring; significant (harm)
AO with fine show
cause order civil action terminate serv.
CM CM CM CM
18-63
MONITORING AND REPORTING
VIOLATIONS
NONCOMPLIANCE
NATURE OF VIOLATION
ENFORCEMENT RESPONSES
PERSONNEL
1.
Reporting violation
Report is improperly
signed or certified
Phone call or NOV
S/CM
Report is improperly
signed or certified
after notice by POTW
AO
Show cause
hearing
CM CM
Isolated, not significant (e.g., 10 days late)
Phone call; NOV
S/CM
Significant (e.g.,
report 30 days or
more late)
AO to submit with fine per
additional day
CM
Reports are always
late or no reports
at all
AO with fine show
cause order civil action
CM CM CM
Failure to report spill
or changed discharge (no harm)
NOV
S/CM
Failure to report spill
or changed discharge (results in
harm)
AO with fine Civil action
CM CM
Repeated
failure to report spills
show cause order terminate service
CM CM
Falsification
criminal invest. terminate
serv.
CM CM
2.
Failure to
monitor
correctly
Failure to monitor
all pollutants as required
by permit
NOV or AO
S/CM
Recurring
failure to monitor
AO with fine civil
action
CM CM
3.
Improper Sampling
Evidence of intent
criminal invest. terminate
serv.
CM CM
4.
Failure to install
monitoring equipment
Delay of less than
30 days
NOV
S/CM
18-64
NONCOMPLIANCE
NATURE OF VIOLATION
ENFORCEMENT RESPONSES
PERSONNEL
(4)
Delay of 30
days or more
AO to install with fine for each additional day
CM
Recurring, violation
of AO
civil action criminal
invest. terminate serv.
CM CM CM
5.
Compliance schedules (in permit)
Missed
milestone by less than
30 days or will
not affect final milestone
NOV or AO
w/fine
S/CM
Missed milestone
by more than 30
days, or will affect final
milestone (good cause for
delay)
AO with fine
CM
Missed milestone
by more than 30
days or will affect final milestone
(no good cause for
delay)
show cause order civil
action terminate serv.
CM CM CM
Recurring
violation or violation of schedule
in AO
civil action criminal
invest. terminate serv.
CM CM CM
VIOLATIONS
DETECTED DURING SITE VISITS
1.
Entry denial
Entry denied or
consent withdrawn, copies of records
denied
Obtain warrant
and return to IU
I/CM
2.
Illegal discharge
No harm to
POTW or environment
AO with fine
CM
Discharges
causes harm or evidence
of intent/negligence
civil action criminal
invest.
CM CM
Recurring, violation
of AO
Terminate service
CM
3.
Improper sampling
Unintentional
sampling at incorrect location
NOV
I/CM
Unintentionally using
incorrect sample type
NOV
I/CM
18-65
ENFORCEMENT
NONCOMPLIANCE
NATURE OF VIOLATION
RESPONSES
PERSONNEL
Unintentionally using
incorrect sample collection techniques
NOV
I/CM
4.
Inadequate
Inspector finds files
NOV
I/CM
record keeping
incomplete to missing
(no evidence of intent)
Recurring
AO with fine
CM
5.
Failure to
Inspection
finds additional
NOV
I/CM
report addition
files
monitoring
Recurring
AO with fine
CM
OTHER PERMIT VIOLATIONS
1.
Waste stream
Initial violation
AO with fine
CM
are diluted in
lieu of
treatment
Recurring
show cause order
CM
terminate serv.
CM
2.
Failure to
Does not result in
harm
NOV
S/CM
mitigate
noncompliance
Does result in harm
AO with fine
CM
or halt
civil action
CM
production
3.
Failure to
Does not result in
harm
Nov
S/CM
properly
operate and
Does result in harm
AO with fine
CM
maintain
civil action
CM
pretreatment
fac.
(1989 Code)
18-66
APPENDIX B
ENFORCEMENT RESPONSE GUIDE FINE SCHEDULE
Private line problems found through the sewer system survey
End of 60 Days-Corrections not made
End of 90 days from first notice
Owner notified by city manager in writing - given 60 days to
make corrections/repairs or replace private sewer line.
Follow-up inspection made by authorized city inspector
Owner will receive second written notice - given 30 days to
make repairs or city will contract plumber to make repairs or replace and cost
added to owner's next water/sewer bill.
City will contract plumber to make repairs and cost added to
owner's next water/sewer bill.
Owner will be fined $50 for non-compliance with
repair/replace notification letter by city manager.
If water/sewer bill and repair bill and fine not paid by
20th of the month, water service may be disconnected.
(1989 Code)
18-67
CHAPTER 3 GREASE
CONTROL PROGRAM1
SECTION
18-301. Purpose
of the grease control program.
18-302. Definitions.
18-303. General
criteria.
18-304. Design
criteria.
18-305. Grease
trap and interceptor maintenance.
18-306. Administrative
requirements.
18-307. Enforcement.
18-301. Purpose
of the grease control program. Grease is one of the primary causes of
stoppages, backups, and overflows in a wastewater collection system. Grease
buildup in the sewers also causes restrictions and capacity problems. The City
of Crossville's goal is to improve sewer service by reducing the impact of
grease. This goal will be achieved through two related programs:
(1) Preventive
maintenance program. The City of Crossville's "field control"
program, through which identified grease problem areas are routinely cleaned
and inspected. The City of Crossville is responsible for the "field
control" of grease, through its normal collection system operations.
(2) Grease
control program. The City of Crossville's "source control" program,
through which food service facilities (FSF's) are required to capture and properly
dispose of the grease generated by their operation. The focus of this document
is the grease control program, including the proper sizing, installation, and
maintenance of grease interceptors. The administrative and inspection
requirements are established as well. Through the cooperative efforts of FSF's
with the City of Crossville, the goal of improved sewer service through proper
grease control can be achieved.
18-302.
Definitions. Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms shall, for the purpose of this
document, have the meanings indicated in this section:
(1) "Black
water." Waste water from sanitary fixtures such as toilets and urinals.
(2) "Bulk
service kitchen." A facility which prepares bulk quantities of food, such
as hospitals, schools, or caterers.
1Appendix A
contains a drawing of a typical grease interceptor and Appendix B contains a
grease interceptor sizing formula. These are available in the office of the
city clerk.
18-68
(3)
"Common grease interceptor." A device to which grease wastes are
directed from more than one facility having different operators or type of
operations, such as in a food court.
(4)
"Customer." A user of the sanitary sewer system who produces wastes
from their process operations. The customer is responsible for assuring that
the produced waste is disposed of in accordance with all federal, state and
local disposal regulations.
(5) "Food
courts." Areas predominantly found in shopping centers or amusement parks
and festivals where several food preparation establishments having different
owners may be sharing seating space and/or plumbing facilities.
(6) "Food
service facility" (FSF). Any facility, which cuts, cooks, bakes, prepares,
or serves food, or which disposes of food related wastes.
(7)
"Garbage grinder." A device which shreds or grinds up solid or
semisolid waste materials into smaller portions for discharge into the sanitary
sewer collection system.
(8) "Gray
water." Refers to all wastewater other than "black water" as
defined in this section.
(9)
"Grease." A material composed primarily of fats, oil, and grease from
animal or vegetable sources. The terms fats, oil, and grease shall be deemed as
grease by definition. Grease does not include petroleum-based products.
(10)
"Grease interceptor." A large tank or device so constructed as to
separate and trap or hold fats, oil, and grease substances from the sewage
discharged from a facility in order to keep fats, oil, and grease substances
from entering the sanitary sewer collection system. Grease interceptors are
located outside of food service facilities.
(11)
"Hauler." One who transfers waste from the site of a customer to an
approved site for disposal or treatment. The hauler is responsible for assuring
that all federal, state, and local regulations are followed regarding waste
transport.
(12)
"NPDES." Stands for National Pollution Discharge Elimination System
under which the City of Crossville's Wastewater Treatment Plant is permitted.
(13)
"POTW." Stands for
Publicly-Owned Treatment Works or "Treatment Works" as defined by
Section 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the
City of Crossville. This definition includes any sewers that convey wastewater
to City of Crossville's sewage treatment plant.
(14)
"Pretreatment coordinator." An individual employed by the City of
Crossville who is charged with the responsibility of administering the
provisions of the pretreatment program to ensure compliance by users with
applicable laws, rules, regulations, and ordinances relative to the
concentration(s) of substances found in the waste stream of facilities
connected to the POTW.
18-69
(15)
"Sewage." The liquid and water-carried domestic or industrial wastes
from dwellings, commercial establishments, industrial facilities, and
institutions, whether treated or untreated. The terms "waste" and
"wastewater" shall be deemed as sewage by definition.
(16)
"Sewer lateral." A sewer line or lines maintained and controlled by
private persons for the purpose of conveying sewage from the waste producing
location to the public sanitary sewer collection system.
(17)
"Single service restaurant." A restaurant where the meals are served
on throwaway plates and utensils.
(18)
"Standard restaurant." A restaurant where meals are served on plates
and utensils that are washed and reused.
(19) "'Under the sink' grease
trap." A device placed under or in close proximity to sinks or other
facilities likely to discharge grease in an attempt to separate, trap or hold,
oil and grease substances to prevent their entry into the sanitary sewer collection
system. Grease traps are commonly referred to based on their grease retention
capacity, i.e. 20#, 30#, 40#, etc.
(20)
"User." Shall mean a City of Crossville customer operating a
"food service facility" inside the City of Crossville wastewater
service area.
(21)
"Waste." The liquid and water-carried domestic or industrial wastes
from dwellings, commercial establishments, industrial facilities, and
institutions, whether treated or untreated. Wastes may include but not limited
to, discharges from scullery sinks, pot and pan sinks, dishwashing machines,
soup kettles, and floor drains located in areas where grease-containing
material may exist. The terms "sewage" and "wastewater"
shall be deemed as waste by definition.
18-303. General
criteria. (1) Installation requirements for new food service facilities. All
proposed or newly remodeled food service facilities inside the City of
Crossville Wastewater Service area shall be required to install an approved,
properly operated and maintained grease interceptor.
(2) Phased
implementation plan for existing food service facilities. All
existing food service facilities inside the City of
Crossville Wastewater Service area are expected to conduct their operations in
such a manner that grease is captured on the user's premises and then properly
disposed of. Existing food service facilities will typically be handled under
City of Crossville's grease control program.
(1) City of
Crossville will periodically inspect each food service facility annually or on
an as-needed basis to assure that each facility is complying with the intent of
the grease control program. City of Crossville's goal is to achieve compliance
by all existing food service facilities by January 1, 2007.
(2) Through
preventive maintenance records or emergency calls related to grease, City of
Crossville will identify and target "grease problem areas"
in the waste
waster collection system.
Food service
18-70
facilities located upstream of these problem areas and
discharge their waste water into the "problem" lines will be
identified as potential contributors to the grease build-up. City of Crossville
inspects the grease interceptors of all food service facilities in the vicinity
of the "problem area," making note of maintenance records, sizing,
and condition.
(3) Each food
service facility in the vicinity of the problem area will be inspected. The
facilities' grease control practices and the adequacy of their grease control
interceptor/equipment will be assessed. Maintenance records will also be
reviewed.
(4) Following
the inspections, City of Crossville will send written notice to the inspected
food service facilities, containing an educational brochure on grease in the
sewer system, a summary of the policy requirements, and results of the inspection.
The inspection will typically result in one of the following actions.
(1) Facilities
equipped with an appropriate and adequately-sized grease interceptor who are
meeting the intent of the grease control program through effective grease
control practices will be commended for their compliance.
(2) Facilities
may be required to develop and submit to City of Crossville a proposed plan
designed to achieve compliance through improved housekeeping and increased
maintenance and pumping on the existing grease interceptor/equipment.
(3) Facilities
that are not successful in achieving compliance with the intent of the grease
control program through improved housekeeping and increased maintenance and
pumping on the existing grease interceptor/equipment will be required to
install the necessary interceptor/equipment to bring the facility into
compliance. An appropriate amount of time will be agreed upon between City of
Crossville and the customer.
(3) Prohibited
discharges. Black water shall not be discharged to the
grease interceptor unless specifically approved, in writing,
by City of
Crossville.
(4) Floor
drains. Only floor drains which discharge or have the potential to discharge
grease shall be connected to a grease interceptor.
(5) Garbage grinders and dishwashers. City
of Crossville recommends that solid food waste products be disposed of through
normal solid waste/garbage disposal procedures. The use of garbage grinders
which discharge to the sanitary sewer is discouraged within the City of
Crossville wastewater service area but in the event that the device is used in
a commercial or industrial facility, it must be connected to the grease
interceptor. The use of a garbage grinder decreases the operational capacity of
the grease interceptor and will require an increased pumping frequency to
ensure continuous and effective operation. Commercial dishwasher connections
must be connected to the grease interceptor. Food particles from garbage
grinders take up storage capacity in the
18-71
grease interceptor and will require that the interceptor be
pumped more frequently. Dishwashers discharge hot water and soap, which can
melt grease stored in an overburdened interceptor. Melted grease may then pass
through the interceptor into the customer's service line and the public sewer
system, where the grease hardens and causes line clogs.
(1) Although
not recommended, existing food service facilities may allow any fixtures to
remain connected to a grease interceptor, except fixtures which may discharge
black water.
(2) Proposed
and remodeled food service facilities may not connect janitor sinks or black
water fixtures to a grease interceptor. (6) Location. (1) Each grease trap and
grease interceptor shall be installed and connected so that it is easily
accessible for inspection, cleaning, and removal of the intercepted grease at
any time. A grease interceptor may not be installed in any part of a building
unless approved in writing by City of Crossville.
(2) Location of
grease interceptors shall meet the approval of
City of Crossville. The best location is in an area outside
of an outside wall, but upstream from the black water drain line(s).
18-304. Design
criteria. (1) Construction of interceptor. Grease interceptors shall be
constructed in accordance with City of Crossville's standards and shall have a
minimum of two compartments with fittings designed for grease retention. All
grease removal devices or technologies shall be subject to the written approval
of City of Crossville. Such approval shall be based on demonstrated removal
efficiencies of the proposed technology. City of Crossville's standard drawing
for grease interceptors is shown in Appendix A.1
(2) Access.
Access to grease traps and grease interceptors shall be available at all times,
to allow for their maintenance and inspection. Access to grease interceptors
shall be provided by two (2) manholes terminating 1-inch above finished grade
with cast iron frame and cover.
(3)
Load-bearing capacity. In areas where additional weight loads may exist, the
grease interceptor shall be designed to have adequate load-bearing capacity
(example: vehicular traffic in parking or driving areas).
(4) Inlet and
outlet piping. Wastewater discharging to a grease trap or grease interceptor
shall enter through the inlet pipe of the interceptor. Each grease interceptor
shall have only one inlet and one outlet pipe.
(5) Interceptor
sizing. The required size of a grease interceptor shall be approximated by using
the City of
Crossville grease interceptor
sizing
1Appendix A is available in the office of the city clerk.
18-72
formula shown in Appendix B.1 Most grease interceptors will
have a capacity of not less than one thousand (1,000) gallons nor exceed a
capacity of two thousand (2,000) gallons. If the calculated capacity using the
City of Crossville grease interceptor sizing formula exceeds two thousand
(2,000) gallons, multiple units in series shall be installed. See Appendix B for example for formula.1
Grease
interceptor designs represent minimum standards for normal usage. Installations
with heavier usage require more stringent measures for which the user is
responsible and shall pay the costs to provide additional measures if required
by City of Crossville. City of Crossville reserves the right to evaluate
interceptor sizing on an individual basis for facilities with special
conditions, such as highly variable flows, high levels of grease discharge, or
other unusual situations that are not adequately addressed by the formula.
18-305. Grease trap and interceptor maintenance. (1)
Cleaning/pumping. The user at the user's expense shall
maintain all grease traps and interceptors. Maintenance of "under the
sink" grease traps shall include the removal of all fats, oil, and grease
from the detention compartment of the trap. Removal is usually accomplished by
hand-dipping or scooping the collected grease from the trap. Maintenance of
grease interceptors shall include the complete removal of all contents,
including floating materials, wastewater, and bottom sludges and solids.
Decanting or discharging of removed waste back into the interceptor from which
the waste was removed or any other grease interceptor, for the purpose of
reducing the volume to be disposed, is prohibited.
(2)
Cleaning/pumping frequency. "Under the sink" grease traps must be
cleaned no less than weekly. If grease traps are more than fifty percent (50%)
full when cleaned weekly, the frequency shall be increased. Grease interceptors
must be pumped out completely a minimum of once every ninety (90) days, or more
frequently as needed to prevent carry over of grease into the sanitary sewer
collection system, unless it can be demonstrated to City of Crossville that the
pumping frequency can be extended past the ninety (90) day period.
(3) Disposal of
grease interceptor waste. All waste removed from each grease interceptor must
be disposed of at a facility approved by City of Crossville to receive such
waste in accordance with the provisions of this program. In no way shall the
pumpage be returned to any private or public portion of the sanitary sewer
collection system.
(4) Additives.
Any additive(s) placed into the grease interceptor or building discharge line
system on a constant, regular, or scheduled basis shall be reported to City of
Crossville. Such additives shall include, but not be limited to, enzymes,
commercially available bacteria, or other additives designed to absorb, purge,
consume, treat, or otherwise eliminate fats, oil, and grease. The
1Appendix B is available in the office of the city clerk.
18-73
use of additives
shall in no
way be considered as
a substitution to
the maintenance procedures required herein.
(5) Chemical
treatment. Chemical treatments such as drain cleaners, acid and other chemicals
designed to dissolve or remove grease shall not be allowed to enter the grease
interceptor.
(6) Manifest.
All pumpage from grease interceptors must be tracked by a manifest, which
confirms pumping, hauling, and disposal of waste. The customer must obtain a
copy of the original manifest from the hauler. The original manifest with
original signatures must be left at the disposal facility. The customer is
required to utilize only City of Crossville permitted haulers for the disposal
of grease.
(7) Maintenance
log. A Grease interceptor
cleaning record maintenance log indicating each pumping for the previous
twenty-four (24) months shall be maintained by each FSF. This log shall include
the date, time, amount pumped, hauler, and disposal site and shall be kept in a
conspicuous location for inspection. Said log shall be made immediately
available to the City of Crossville representative upon request. Reports
detailing the pumpage manifest and grease interceptor data shall be mailed
annually on provided forms to the following address:
Veolia Water/Crossville Wastewater Plant 468 Sparta Highway
Crossville, TN 38572
18-306.
Administrative requirements. (1) Initial data acquisition. Upon inspection of
each FSF, City of Crossville inspector shall collect the necessary grease
control data to facilitate the population of City of Crossville grease control
program database. The database will be updated with additional or modified
information after each inspection.
(2)
Administrative fee. An administrative fee for facilities with grease discharges
shall be set by City of Crossville. The fee shall be established to insure cost
recovery and shall include but not be limited to the cost of field,
administrative, engineering, and clerical expenses involved. The fees shall be
not less than fifty dollars ($50.00) per year for each facility. The annual
administrative fee shall be applied to the customer's July water and sewer
service bill and be paid to the City of Crossville effective July 1, 2007.
(3) Monitoring.
As a condition for service, the user shall provide, operate, and maintain, at
user's expense, safe and accessible monitoring facilities (such as a suitable
manhole) at all times to allow observation, inspection, sampling, and flow
measurement of the building sewer or internal drainage systems. There shall be
ample room in or near such monitoring facility to allow accurate sampling and
preparation of samples for analysis. When the physical location and hydraulic
conditions are suitable, a manhole or similar
18-74
facility existing on the sanitary sewer collection system
may be utilized as the user's manhole when agreed to by both the user and City
of Crossville.
(4) Inspection
and entry. Authorized personnel of City of Crossville,
bearing proper credentials and identification, shall have
the right to enter upon all properties subject to this program, at any time and
without prior notification, for the purpose of inspection, observation,
measurement, sampling, testing or record review, in accordance with this
program.
18-307.
Enforcement. City of Crossville shall have the administrative authority to
enforce this program. Whenever City of Crossville finds that any user has
violated or is violating this program, or any prohibition, limitation, or
requirements contained herein, City of Crossville will initiate corrective
action, which may include but not be limited to the following:
(1) Notice of
violation. City of Crossville may issue any user a written notice stating the
nature of violation. Within fifteen (15) days of the date of notice, a plan for
the satisfactory correction thereof shall be submitted to City of Crossville by
the user.
(2) Consent
order. City of Crossville may enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with
the user responsible for noncompliance. Such orders will include specific
action to be taken by the user to correct the noncompliance with a time period
specified by the order.
(3)
Administrative order. When City of Crossville finds that a user has violated or
continues to violate the provisions set forth in this program, or the order
issued hereunder. City of Crossville may issue an order for compliance to the
user responsible for the discharge. Orders may contain any requirements as
might be reasonable, necessary, and appropriate to address the noncompliance,
including but not limited to the installation of pretreatment technology,
additional self-monitoring, and management practices.
(4) Emergency
suspension of services. City of Crossville may suspend water or sewer service
when such suspension is necessary, in the opinion of City of Crossville, in
order to stop an actual or threatened discharge which:
(1) Presents or
may present an imminent or substantial endangerment to the health or welfare of
persons or the environment;
(2) Causes
stoppages, sanitary sewer overflows, or excessive maintenance to be performed
to prevent stoppages in the sanitary sewer collection system;
(3) Causes interference to the POTW; or
(4) Causes City
of Crossville to violate any condition of its NPDES permits.
Any person notified of a suspension of the water or sewer
service shall immediately stop or eliminate the discharge. In the event of a
failure of the person to comply voluntarily with the suspension order, City of
Crossville shall take
such steps
as deemed necessary, including
18-75
immediate termination of water and sewer service, to prevent
or minimize damage to the POTW system or sewer connection or endangerment to
any individuals. City of Crossville shall reinstate the water or sewer service
when such conditions causing the suspension have been eliminated and the
reconnection fee paid. A detailed written statement submitted by the user
describing the cause(s) of the harmful discharge and the measure(s) taken to
prevent any future occurrence shall be submitted to City of Crossville with
fifteen (15) days of the date of occurrence.
(5)
Administrative penalty. Notwithstanding any other remedies or procedures
available to City of Crossville, any user who is found to have violated any
provision of this program, or any order issued hereunder, may be assessed an
administrative penalty of not to exceed one thousand dollars ($1,000) per
violation. Each day on which noncompliance shall occur or continue shall be
deemed a separate and distinct violation. Such assessment may be added to the
user's next scheduled sewer service charge and City of Crossville shall have
such other collection remedies as are available by law.
(6) Request for
hearing and appeal. Any person affected by a penalty, order, or directive of
City of Crossville issued pursuant to this program may, within ten (10) days of
the issuance of such penalty, order, or directive, request a hearing in writing
before City of Crossville to show cause why such should be modified or made to
not apply to such person. The requested hearing shall be held as soon as
practical after receiving the request, at which time the person affected shall
have an opportunity to be heard. At the conclusion of the hearing, City of Crossville
shall issue a written response to the person requesting the hearing affirming,
modifying, or rescinding the penalty, order, or directive at issue.
18-76
CHAPTER 4 CROSS CONNECTIONS, AUXILIARY INTAKES, ETC.1
SECTION
18-401. Definitions.
18-402. Standards.
18-403. Construction,
operation, and supervision.
18-404. Statement
required.
18-405. Inspections
required.
18-406. Right
of entry for inspections.
18-407. Correction
of existing violations.
18-408. Use
of protective devices.
18-409. Unpotable
water to be labeled.
18-410. Violations.
18-401.
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 for general use and which supply is recognized as the public water supply
by the Tennessee Department of Environment and Conservation.
(2) "Cross
connection." Any physical connection 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.
(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.
(1989 Code, § 18-301, modified)
1Municipal code reference
Provisions providing for the administration of the water and
sewer systems: title 18, chapter 1.
18-77
18-402.
Standards. The city public water supply is to comply with Tennessee Code
Annotated, §§ 68-13-701 and 68-13-719 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. (1989 Code, § 18-302)
18-403.
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 Environment and Conservation and the operation of
such cross connection, auxiliary intake, bypass or interconnection is at all
times under the direct supervision of the superintendent of the waterworks of
the city. (1989 Code, § 18-303, modified)
18-404.
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 superintendent of the waterworks 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. (1989
Code, § 18-304)
18-405.
Inspections required. It shall
be the duty
of the
superintendent of the waterworks 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 reinspections, based on potential health hazards involved,
shall be established by the superintendent of the waterworks and as approved by
the Tennessee Department of Environment and Conservation. (1989 Code, § 18-305,
modified)
18-406. Right of entry for inspections. The
superintendent of the waterworks or his authorized representative shall have
the right to enter, at any reasonable time, any property served by a connection
to the public water supply 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. (1989 Code, § 18-306)
18-78
18-407.
Correction of existing violations. Any person who now has cross connections,
auxiliary intakes, by passes, 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 superintendent of the waterworks.
The failure to
correct conditions threatening the safety of the public water system as
prohibited by this chapter and Tennessee Code Annotated, § 68-13-711, within a
reasonable time and within the time limits set by the superintendent of the
waterworks 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 shall
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 (are) corrected
immediately. (1989 Code, § 18-307)
18-408. Use of
protective devices. Where the nature of use of the water supplied a premises by
the water department is such that it is deemed
(1) 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 superintendent of the waterworks of the city or his designated
representative, shall require the use of an approved protective device on the
service line serving the 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 Environment and Conservation as to manufacture, model,
and size. The method of installation of backflow protective devices shall be
approved by the superintendent of the waterworks prior to installation and
shall comply with
the criteria set
forth by the
Tennessee Department of
18-79
Environment and Conservation. The installation shall be at
the expense of the owner or occupant of the premises.
Personnel of
the city 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
superintendent of the waterworks 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 superintendent of the waterworks
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 superintendent 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
superintendent of the waterworks.
The failure to
maintain backflow prevention devices in proper working order shall be grounds
for discontinuing water service to a premises. Likewise, the removal, bypassing,
or altering of the protective devices or the installation thereof so as to
render the devices 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 superintendent of the waterworks. (1989 Code, § 18-308,
modified)
18-409.
Unpotable water to be labeled. In order that 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:
WATER UNSAFE
FOR DRINKING
The minimum acceptable sign shall have black letters at
least one-inch high located on a red background. (1989 Code, § 18-309)
18-410.
Violations. The requirements contained herein shall apply to all premises
served by the city water system whether located inside or outside the corporate
limits and are hereby made a part of the conditions required to be
18-80
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 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 thereof, shall be fined
under the general penalty clause for this municipal code of ordinances. (1989 Code, § 18-310)
19-1
TITLE 19 ELECTRICITY AND GAS
CHAPTER
1. ELECTRICITY.
2. GAS.
CHAPTER 1 ELECTRICITY
SECTION
19-101. Source of
supply.
19-101. Source
of supply. Electricity is to be furnished to the City of Crossville and its
inhabitants by the Volunteer Energy Cooperative. (1989 Code, § 19-101,
modified)
19-2
CHAPTER 2 GAS
SECTION
19-201. Source of
supply.
19-201. Source
of supply. Gas is to be furnished to the City of Crossville and its inhabitants
by the Middle Tennessee Natural Gas Utility District. (1989 Code, § 19-201)
20-1
TITLE 20 MISCELLANEOUS
CHAPTER
1. MEADOW PARK LAKE.
2. FAIRS, CARNIVALS, OR OTHER AMUSEMENTS OF A CARNIVAL
NATURE.
3. DEPARTMENT
OF TOURISM DEVELOPMENT.
CHAPTER 1 MEADOW PARK LAKE
SECTION
20-101. Regulation
and control of Meadow Park Lake.
20-101.
Regulation and control of Meadow Park Lake. The following regulations shall
apply to the use of Meadow Park Lake:
(1) It shall be
unlawful and a misdemeanor for any person to go into or upon the waters of
Meadow Park Lake, or swim or bathe therein, without first having obtained a
permit from the Board of Lake Commissioners of the City of Crossville.
(2) It shall be
unlawful and a misdemeanor for any person or persons to take a boat upon the
waters of Meadow Park Lake without first having obtained and having in his or
her possession at the time, a written permit from the Board of Lake
Commissioners of the City of Crossville.
(3) It shall be
unlawful and a misdemeanor for any person to fish in Meadow Park Lake without
first having obtained and having in his or her possession at the time, a
written permit from the Board of Lake Commissioners of the City of Crossville.
This shall not apply to children under twelve (12) years of age when
accompanied by a parent.
(4) It shall be
unlawful and a misdemeanor for any person or persons to have in his or their
possession any fishing tackle, and/or fishing equipment, and/or fish bait upon
waters of the Meadow Park Lake and upon the land forming the watershed which
drains into it without first having obtained and having in his or her
possession at the time, a permit from the Board of Lake Commissioners of the
City of Crossville. (1989 Code, §
20-201)
20-2
CHAPTER 2
FAIRS, CARNIVALS, OR OTHER AMUSEMENTS OF A CARNIVAL NATURE
SECTION
20-201. Permit
required.
20-202. Application
for permit.
20-203. Exceptions.
20-204. Issuance
or refusal of permit.
20-205. Exhibition
of permit.
20-206. Policemen
to enforce.
20-207. Interference
with public health, safety, and morals prohibited.
20-208. Required
facilities.
20-209. Revocation
and/or expiration of permit.
20-201. Permit required. It shall
be unlawful for
any person,
corporation, partnership, group of persons, or other entity
to set up, maintain or operate any carnival, amusement park, or fair, within
the corporate limits without first obtaining a permit therefore 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. (1989 Code, § 20-301)
20-202.
Application for permit. Applicants for a permit under this chapter must file
directly with the city council through its agent, the city manager, on a form
designated, prescribed and furnished by the commission. The sworn, written
application must contain the following:
(1) Name(s) of
individual(s) applying, and a permanent mailing address where said
individual(s) may be reached.
(2) A brief
description of the expected size of the fair/carnival, including what attractions
will be contained.
(3) Proof of a current N.D.T. X-Ray inspection.
(4) Proof of
liability insurance in the minimum amount of one million dollars
($1,000,000.00) per incident.
(5) A ten
dollar ($10.00) non-refundable application processing fee. (1989 Code, §
20-202)
20-203.
Exceptions. However, there shall be excluded from the permit requirements
herein all fairs/carnivals which meet the prescribed requirements set out in §
20-202 hereof, and are sponsored by an organization which:
(1) Has
maintained office(s) in this city for at least fifteen (15) out of twenty (20)
years; and
(2) Has
conducted an event containing a fair/carnival for at least the last fifteen
(15) out of twenty (20) years.
20-3
Such exclusion
shall continue in force and effect for any such sponsoring organization who
continues to hold an event with a fair/carnival at least fifteen (15) out of
every twenty (20) years hereafter. (1989 Code, § 20-303)
20-204.
Issuance or refusal of permit. (1) Each application shall be reviewed by the
City Council for the City of Crossville. The applicant(s) and/or their
representatives must be present at the meeting of the commission when their
application is scheduled for consideration.
(2) If, in the
majority opinion of the councilmembers, the applicant is satisfactory, the city
council shall direct that a permit be issued upon the payment of all applicable
privilege fees and taxes. The city clerk shall keep a permanent record of all
permits issued.
(3) The
applicant must acknowledge that he has read and is familiar with this chapter,
and that he agrees with the contents therein. (1989 Code, § 20-304)
20-205.
Exhibition of permit. Permittees are required to exhibit their permits at the
request of any policeman or citizen.
(1989 Code, § 20-305)
20-206.
Policemen to enforce. It shall be the duty of all policemen to see that the
provisions of this chapter are enforced.
(1989 Code, § 20-306)
20-207.
Interference with public health, safety, and morals prohibited. No permit
authorizing a fair or carnival shall be issued when such public attraction
would cause congestion of traffic or would interfere with schools or churches
or would otherwise interfere with the public health, safety and morals. In no
event will a permit be issued authorizing such a fair or carnival within five
hundred (500) feet of any school or church, as measured in a straight line from
the main entrance of the school or church and the main entrance of said
carnival or fair. In addition, the said carnival or fair must be located at
least five hundred (500) feet from all traffic, except for service vehicles. (1989 Code, § 20-307)
20-208.
Required facilities. All permittees hereunder must provide and maintain
sanitary and adequate toilet facilities for men and women. (1989 Code, §
20-308)
20-209.
Revocation and/or expiration of permit. (1) Permits issued under the provisions
of this chapter shall expire at midnight on the last day for which they are
issued, and cannot be renewed. A separate application must be made each and
every time an applicant desires to conduct a fair or carnival.
(2) Revocation
of permit. Permits issued under the
provisions of this
chapter may be revoked by the city council without notice
for good cause shown, and for violation of any portion of this chapter. (1989 Code, § 20-309)
20-4
CHAPTER 3 DEPARTMENT OF TOURISM DEVELOPMENT
SECTION
20-301. Department
established.
20-302. Purpose
of department.
20-303. Funding
of department.
20-304. Citizens'
advisory board.
20-305. Function
of citizens' advisory board of directors.
20-306. Appointment
of executive director.
20-307. Fiscal
and budgetary requirements.
20-301.
Department established. There is hereby established a department of tourism
development for the purpose of promoting tourist and convention business within
the corporate limits of Crossville, Tennessee. In addition to activities
undertaken directly by the city, this department shall work in conjunction with
the Crossville-Cumberland County Convention and Visitors Bureau, a division of
the Crossville-Cumberland County Chamber of Commerce, and the
Crossville-Cumberland County Chamber of Commerce. (Ord. #1064, June 2005)
20-302.
Purpose of department. The
department of tourism
development shall plan to conduct programs of information
and publicity designed to attract to the city, tourists, visitors, and other
interested persons from outside of the corporate limits, and to also encourage
and coordinate the efforts of other public and private organizations or groups
of citizens to publicize the facilities and attractions of the area for the
same purposes. The department shall supervise the acquisition, construction,
remodeling and operations of facilities useful in the attraction and promotion
of tourist, convention and recreational businesses. The department shall
develop specific goals and objectives annually to reflect the tourism
development needs and priorities of the City of Crossville. The department
shall endeavor to be vigilant in its search to find new and innovative ways to
promote Crossville and Cumberland County, while maintaining and improving such
programs that have proven successful.
(Ord. #1064, June 2005)
20-303. Funding
of department. The department shall be funded from the general fund in amounts
appropriated by the city council through its annual budget. Tourism development
funds may be budgeted through the following ways:
(1) Direct appropriation to the convention and visitors
bureau;
(2) Direct appropriation
to the Crossville-Cumberland County Chamber of Commerce;
(3) Direct appropriation to the tourism task force;
(4) Line item appropriation for specific events or projects;
and
20-5
(5) Line item
appropriation for non-specific purposes
or projects
associated with tourism development. (Ord. #1064, June 2005)
20-304.
Citizens' advisory board. A board of directors and officers shall be appointed
for the Crossville-Cumberland County Convention and Visitors Bureau to act as a
communications team to keep interested parties and the entire community aware
of the programs underway, progress being made and the impact of the
Crossville-Cumberland County Convention and Visitors Bureau on Cumberland
County. The officers shall serve three (3) year terms with the membership being
comprised of four (4) members appointed by the Crossville City Council, four
(4) members appointed by the Cumberland County Commission, and four (4) members
appointed by the Crossville-Cumberland County Chamber of Commerce. The
Crossville Mayor or City Manager, and the Executive Vice President of the
Crossville-Cumberland County Chamber of Commerce, shall serve as ex-officio
members. It is hereby recognized that this advisory board is a division of the
Crossville-Cumberland County Chamber of Commerce. (Ord. #1064, June 2005)
20-305.
Function of citizens' advisory board of directors. The role and function of the
board of directors shall be advisory in nature, providing guidance and
recommendations to the city council, relating to the development of the
operational policy for the department of tourism development. (Ord. #1064, June
2005)
20-306.
Appointment of executive director. The city manager shall serve as the
administrative head of the department of tourism development. (Ord. #1064, June
2005)
20-307. Fiscal and budgetary requirements. The department of tourism development shall present an annual budget and any and all expenditures shall be made in accordance with the established budget, and otherwise in the same manner and under the same guidelines provided for in the city charter. The executive director and the department of tourism development citizens advisory board shall prepare and submit to the city council an administrative budget and, in addition thereto, are authorized to budget separately any special advertising, promotional budget, program, or project designed for specific tourism purposes of the city. (Ord. #1064, June 2005)