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substantial modification of the provision as originally
enacted.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 ($100.0