THE LOUDON MUNICIPAL CODE

Transcription

1 THE LOUDON MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE June, 1992

2 Change 9, December 19, 2016 CITY OF LOUDON, TENNESSEE MAYOR Jim Greenway VICE MAYOR Lynn Millsaps COUNCILMEMBERS Jeff Harris John D. James Dennis Stewart RECORDER Stephanie Putkonen MANAGER Lynn Mills ii

3 Preface The Loudon Municipal Code contains the codification and revision of the ordinances of the City of Loudon, Tennessee. By referring to the historical citation appearing at the end of each section, the user can determine the origin of each particular section. The absence of a historical citation means that the section was added by the codifier. The word "modified" in the historical citation indicates significant modification of the original ordinance. The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section By utilizing the table of contents and the analysis preceding each title and chapter of the code, together with the cross references and explanations included as footnotes, the user should locate all the provisions in the code relating to any question that might arise. However, the user should note that most of the administrative ordinances (e.g. Annual Budget, Zoning Map Amendments, Tax Assessments, etc...) do not appear in the code. Likewise, ordinances that have been passed since the last update of the code do not appear here. Therefore, the user should refer to the city's ordinance book or the city recorder for a comprehensive and up to date review of the city's ordinances. Following this preface is an outline of the ordinance adoption procedures, if any, prescribed by the city's charter. The code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date. MTAS will provide updating service under the following conditions: (1) That all ordinances relating to subjects treated in the code or which should be added to the code are adopted as amending, adding, or deleting specific chapters or sections of the code (see section 8 of the adopting ordinance). (2) That one copy of every ordinance adopted by the city is kept in a separate ordinance book and forwarded to MTAS annually. iii

4 (3) That the city agrees to reimburse MTAS for the actual costs of reproducing replacement pages for the code (no charge is made for the consultant's work, and reproduction costs are usually nominal). When the foregoing conditions are met MTAS will reproduce replacement pages for the code to reflect the amendments and additions made by such ordinances. This service will be performed at least annually and more often if justified by the volume of amendments. Replacement pages will be supplied with detailed instructions for utilizing them so as again to make the code complete and up to date. The able assistance of Mrs. Tracy Gardner, the MTAS Sr. Word Processing Specialist who did all the typing on this project, is gratefully acknowledged. Steve Lobertini Codification Specialist iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE CITY CHARTER SECTION 12. Procedure for adopting ordinances. All ordinances shall begin with the clause, "Be it ordained by the Council of the City of Loudon, Tennessee." An ordinance may be introduced by any member of the Council. The body of ordinances may be omitted from the minutes on first reading, but reference therein shall be made to the ordinance by title and/or subject matter. Every ordinance shall be passed on two different days, at regular, special or adjourned meetings. Except in the ordinance adopting the budget, no material or substantial amendment may be made on final passage, unless such amendment be passed in the same manner as an amendment to an existing ordinance. Every ordinance shall be effective upon final passage unless by its terms the effective date is deferred. Every ordinance upon final passage shall be signed by the presiding officer of Council, and shall be immediately taken charge of by the Recorder and by him numbered, copied in an ordinance book and there authenticated by the signature of the Recorder, and filed and preserved in the Recorder's office. v

6

7

8

9 Change 9, December 19, CHAPTER 1. GOVERNING BODY. 2. CITY MANAGER. 3. RECORDER. 4. CODE OF ETHICS. TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1 GOVERNING BODY 2 SECTION Time and place of regular meetings Order of business General rules of order Time and place of regular meetings. The governing body shall hold regular monthly meetings at 6:30 p.m. on the third Monday of each month at the city hall. (1976 Code, 1-101, as amended by Ord. # , April 2015) Order of business. At each meeting of the governing body the following regular order of business shall be observed unless dispensed with by a majority vote of the members present: (1) Call to order by the mayor. (2) Roll call by the recorder. (3) Approval of minutes of the previous meeting. 1 Charter references See the charter index, the charter itself, and footnote references to the charter in the front of this code. Municipal code references Building, plumbing, electrical and gas inspectors: title 12. Fire department: title 7. Utilities: titles 18 and 19. Wastewater treatment: title 18. Zoning: title Charter reference: art. IV. Ord. # , June 2001 provides: "The mayor and members of the city council shall be paid a monthly salary of $

10 Change 9, December 19, (4) Consideration of business according to agenda. (5) Adjournment. (1976 Code, 1-102) 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 governing body 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. (1976 Code, 1-103)

11 1-3 CHAPTER 2 CITY MANAGER 1 SECTION To perform general administrative duties To perform general administrative duties. The city manager shall perform all administrative duties for the governing body and for the municipality which are not assigned by the charter, this code, or the governing body to another corporate officer. (1976 Code, 1-201) 1 Charter reference: art. V.

12 1-4 CHAPTER 3 RECORDER 1 SECTION To be bonded To be bonded. The recorder shall be bonded in such sum (not less than $10,000.00) as may be fixed by, and with such surety as may be acceptable to, the governing body. (1976 Code, 1-301) 1 Charter reference: art. VII.

13 Change 5, January 21, CHAPTER 4 CODE OF ETHICS 1 SECTION Applicability Definition of "personal interest." Disclosure of personal interest by official with vote Disclosure of personal interest in non-voting matters Acceptance of gratuities, etc Use of information Use of municipal time, facilities, etc Use of position or authority Outside employment Ethics complaints Violations Notification Interlocal agreements. 1 State 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: Tennessee Code Annotated, title 2, ch. 10. Conflict of interests: Tennessee Code Annotated, , 108; , 102. Conflict of interests disclosure statements: Tennessee Code Annotated, and the following sections. Consulting fee prohibition for elected municipal officials: Tennessee Code Annotated, , 124. Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): Tennessee Code Annotated, and the following sections. Crimes of official misconduct, official oppression, misuse of official information: Tennessee Code Annotated, and the following sections. Ouster law: Tennessee Code Annotated, and the following sections.

14 Change 5, January 21, Applicability. This chapter is the code of ethics for personnel of the municipality. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the municipality. The words "municipal" and "municipality" include these separate entities. (as added by Ord. # , Feb. 2007) Definition of "personal interest." (1) For purposes of and 1-404, "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 of 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), sibling(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. # , Feb. 2007) 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 himself from voting on the measure. (as added by Ord. # , Feb. 2007) 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 recorder. In addition, the official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter. (as added by Ord. # , Feb. 2007)

15 Change 5, January 21, 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/she would be expected to perform, or refrain from performing, in the regular course of his/her duties; or (2) That might reasonably be interpreted as an attempt to influence his action, or reward him/her for past action, in executing municipal business. (as added by Ord. # , Feb. 2007) Use of information. (1) An official or employee may not disclose any information obtained in his/her 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/her official capacity or position of employment with the intent to result in financial gain for him/herself or any other person or entity. (as added by Ord. # , Feb. 2007) 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 him/herself. (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. # , Feb. 2007) 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. (2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for him/herself or others that is not authorized by the charter, general law, or ordinance or policy of the municipality. (as added by Ord. # , Feb. 2007) Outside employment. An official or employee may not accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the municipality s charter or any ordinance or policy. (as added by Ord. # , Feb. 2007) 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

16 Change 5, January 21, 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/she 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 governing body to hire another attorney, individual, or entity to act as ethics officer when he/she has or will have a conflict of 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 municipality s governing body, the governing body 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 governing body determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the governing body. (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. # , Feb. 2007) 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, and in addition is subject to censure by the governing body. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action. (as added by Ord. # , Feb. 2007) Notification. The city recorder is authorized and directed to notify in writing the Tennessee Ethics Commission that the City of Loudon has adopted the Municipal Technical Advisory Service's model code of ethics. (as added by Ord. # , Feb. 2007) Interlocal agreements. The city manager is authorized and directed to notify the governmental entities that have entered into an interlocal agreement with the City of Loudon of the adoption of this ordinance and prepare in cooperation with appropriate representatives of those governmental entities

17 Change 5, January 21, the requisite amendments to the respective interlocal agreements. (as added by Ord. # , Feb. 2007)

18 2-1 TITLE 2 BOARDS AND COMMISSIONS, ETC. 1 CHAPTER 1. LOUDON UTILITIES. 2. RECREATION ADVISORY COMMISSION. SECTION Created Board members Jurisdiction Surface drainage in sewers. CHAPTER 1 LOUDON UTILITIES Created. Pursuant to the provisions of chapter 15, title 6, 2 Tennessee Code Annotated, a "board of public utilities" is hereby created for the City of Loudon and shall be known as the "Loudon Utilities." The board of public utilities shall be appointed and organized and shall have such terms, powers, duties, responsibilities, obligations and limitations as are prescribed in the above referred to chapter of the Tennessee Code Annotated. (1976 Code, ) Board members. Pursuant to the authority given to the mayor and city council under T.C.A (b), the number of directors serving upon the Loudon Utility Board is increased from three (3) members to five (5) members, with the terms of office of the two new members to be appointed by the mayor with the concurrence of the city council to be set in compliance with T.C.A (Ord. # 742, July 1985) Jurisdiction. The Loudon Utilities shall have such jurisdiction over the city's electric, water, sewer, and gas systems as was previously vested in the board of commissioners of the city. (1976 Code, ) 1 Charter references: art. II; art. XII. Municipal code references Building, utility and housing codes: title 12. Utilities: titles 18 and These provisions are currently codified in Tennessee Code Annotated, title 7, chapter 52.

19 Surface drainage in sewers. It shall be unlawful for any person to cause, allow or permit any surface drainage water to flow or drain into the sanitary sewer system of the city. The city recorder is hereby required to give written notice to each property owner or occupant permitting or allowing drainage water from his premises to enter the city sanitary sewer system. The notice shall be served by a city policeman with a copy of the notice showing the date of service to be returned to the office of the city recorder. After the date such notice is given the said property owner or tenant shall have ninety (90) days therefrom in which to correct and prevent the flow or drainage of surface water from his premises into the city sanitary sewer system before prosecution for violation of this section may be had by the City of Loudon. (1976 Code, ) 2-2

20 Change 5, January 21, SECTION Creation Membership; terms. CHAPTER 2 RECREATION ADVISORY COMMISSION Creation. The Loudon Recreation Advisory Commission is hereby created as provided for in TCA (1). (as added by Ord. #1994-8, 1, Oct. 1994) Membership; terms. Ord. (1) The recreation advisory commission shall consist of nine (9) members. (2) One member of the commission shall be a member of the city council to be nominated by the mayor and approved by the city council. The term of the city council's representative on the recreation advisory commission shall expire with the term of office on the city council. (3) Eight (8) members of the commission shall have terms of three (3) years. The current terms expire on June 30, 2008 (3 members); June 20, 2009 (2 members); and June 30, 2010 (3 members). The mayor shall appoint the eight (8) members to the commission subject to the approval of the city council. (as added by Ord. #1994-8, 1, Oct. 1994, amended by Ord. # , 1, Jan. 1997, replaced by Ord. # , July 2002, and amended by Ord. # , Nov. 2007) 1 Ord. # , Feb. 2002, establishes a code of conduct for participants and spectators using City of Loudon recreation facilities and services. Ord. # is of record in the recorder's office.

21 3-1 TITLE 3 MUNICIPAL COURT CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. SECTION City judge. CHAPTER 1 CITY JUDGE City judge. 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. (1976 Code, 1-501) 1 Charter references Appointment, compensation, etc.: art. XI, 1. Duties and powers: art. XI, 4. Term of office: art. XI, 3.

22 3-2 CHAPTER 2 COURT ADMINISTRATION SECTION Maintenance of docket Imposition of fines, penalties, and costs Disposition and report of fines, penalties, and costs Disturbance of proceedings Maintenance of docket. 1 The city judge shall keep a complete docket of all matters coming before him in his judicial capacity. The docket shall include for each defendant such information as his name; warrant and/or summons numbers; alleged offense; disposition; fines, penalties, and costs imposed and whether collected; whether committed to workhouse; and all other information which may be relevant. (1976 Code, 1-502) Imposition of fines, penalties, and costs. 2 All fines, penalties, and costs shall be imposed and recorded by the city judge on the city court docket in open court. In all cases heard or determined by him, the city judge shall tax in the bill of costs the sum of thirty-five dollars ($35.00). (1976 Code, 1-508) Disposition and report of fines, penalties, and costs. All funds coming into the hands of the city judge in the form of fines, penalties, costs, and forfeitures shall be recorded by him and paid over daily to the city. At the end of each month he shall submit to the governing body a report accounting for the collection or noncollection of all fines, penalties, and costs imposed by his court during the current month and to date for the current fiscal year. (1976 Code, 1-511) 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. (1976 Code, 1-512) 1 Charter reference: art. XI, 6. 2 Charter reference: art. XI, 5.

23 3-3 CHAPTER 3 WARRANTS, SUMMONSES AND SUBPOENAS SECTION Issuance of arrest warrants Issuance of summonses Issuance of subpoenas Issuance of arrest warrants. 1 The city judge shall have the power to issue warrants for the arrest of persons charged with violating municipal ordinances. (1976 Code, 1-503) Issuance of summonses. When a complaint of an alleged ordinance violation is made to the city judge, the judge may in his discretion, in lieu of issuing an arrest warrant, issue a summons ordering the alleged offender personally to appear before the city court at a time specified therein to answer to the charges against him. The summons shall contain a brief description of the offense charged but need not set out verbatim the provisions of the municipal code or ordinance alleged to have been violated. Upon failure of any person to appear before the city court as commanded in a summons lawfully served on him, the cause may be proceeded with ex parte, and the judgment of the court shall be valid and binding subject to the defendant's right of appeal. (1976 Code, 1-504) 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. (1976 Code, 1-505) 1 State law reference For authority to issue warrants see Tennessee Code Annotated, title 40, chapter 6.

24 4-1 TITLE 4 MUNICIPAL PERSONNEL 1 CHAPTER 1. SOCIAL SECURITY. 2. PERSONNEL REGULATIONS. 3. OCCUPATIONAL SAFETY AND HEALTH PROGRAM. CHAPTER 1 SOCIAL SECURITY 2 SECTION Policy and purpose as to coverage Necessary agreements to be executed Withholdings from salaries or wages Appropriations for employer's contributions Records and reports 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. (1976 Code, 1-701) 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. (1976 Code, 1-702) 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, 1 Charter reference Civil service provisions: art. XII. 2 See also Ord. # 499, of record in the recorder's office, which creates a retirement system for regular employees of the city.

25 and shall be paid over to the state or federal agency designated by said laws or regulations. (1976 Code, 1-703) 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. (1976 Code, 1-704) Records and reports. The recorder shall keep such records and make such reports as may be required by applicable state and federal laws or regulations. (1976 Code, 1-705) 4-2

26 4-3 CHAPTER 2 PERSONNEL REGULATIONS SECTION Regulations provided by ordinance Regulations provided by ordinance. All personnel of the city shall subject to such policies and regulations as are set forth in Ordinance Number 535 and any amendments thereto. 1 (1976 Code, 1-801) 1 Ordinance No. 535, and any amendment thereto, are published as separate document and are of record in the office of the city recorder.

27 4-4 CHAPTER 3 OCCUPATIONAL SAFETY AND HEALTH PROGRAM SECTION Basis of program Title Authority When effective Basis of program. In compliance with Public Chapter 561 of the General Assembly of the State of Tennessee for the year 1972 (title 50, chapter 3, T.C.A.), the City of Loudon hereby creates a safety and health program for employees of the City of Loudon, as follows. (1976 Code, 1-901) Title. This chapter shall be known as the "Occupational Safety and Health Program" for the employees of the City of Loudon. (1976 Code, 1-902) Authority. The City of Loudon hereby designates the city manager as "director" for all city departments, and the utility manager as "director" for all utility departments, to establish a safety and health program in compliance with the requirements of the Tennessee Occupational Safety and Health Act of 1972, and they are hereby given the authority to implement a plan for their respective departments which shall encompass the issues and standards which have been promulgated by applicable state standards. This plan shall be at least as effective as the federal or state standards on the same issues and shall include the following: (1) The director or his authorized representatives shall have the right to enter at any reasonable time any work area under the control of the City of Loudon, and to inspect and investigate any such place of employment and all pertinent conditions, processes, machines, devices, equipment, and materials therein, and to question privately any supervisor or employee. (2) The director may require the attendance and testimony of witnesses and the production of evidence under oath for the purpose of confirming or supplementing his findings. (3) The director shall provide for the education and training of personnel for the administration of the program, and he shall provide for the education and training of all employees of the city to the extent that same is necessary for said employees to recognize and report safety and health problems as defined in the applicable standards. (4) All employees shall be informed of the policies and standards set forth by the Tennessee Occupational Safety and Health Act.

28 (5) All employees of the city shall be informed of safety hazards, exposure to toxic or harmful materials, and imminent danger situations that may occur in their jobs. (6) The director or his authorized representative shall, upon any allegation of imminent danger, immediately ascertain whether there is a reasonable basis for the complaint. He shall make a preliminary determination of whether or not the complaint appears to have merit. If such is the case, he or his authorized representative shall immediately either eliminate the imminent danger or shall order the workers removed from the work place. (7) Any employee shall be given the right to participate in any investigation or inspection which involves a safety and/ or health situation which concerns his work area. (8) The director shall establish a safety and health training program designed to instruct city employees in the recognition and avoidance of unsafe conditions and the regulations applicable to their work environment. (9) The director shall contact the Commissioner of Labor of the State of Tennessee in writing or by telephone in the event of the death of an employee involved in a work-related accident. This notification will be done as soon after the fatality as possible, but not to exceed forty-eight (48) hours. (10) The director shall set up a procedure for requesting a variance from the Tennessee Department of Labor in the event an operation within the city does not meet the standards set by the Occupational Safety and Health Act and immediate action to alleviate the discrepancy is not possible. (11) The director shall establish and maintain a system for collecting and reporting safety and health data required under the Tennessee Occupational Safety and Health Act. (12) The director shall apply this program to employees of each administrative department, division or other agency of the City of Loudon. (13) The director shall make an annual report to the Commissioner of Labor for the State of Tennessee, showing the accomplishments and progress of the City of Loudon in its occupational safety and health program. (14) The director shall provide a means whereby any employee may submit a report of what he feels is a safety and/or health hazard to his immediate supervisor and the director without fear of jeopardizing his job or chances for future promotion. Such reports shall be preserved and the action thereon shall be noted on said reports and signed by the director or his designees. (15) In implementing the plan, the director shall adopt therein all the words and phrases designated as "definitions" in the Tennessee Occupational Safety and Health Act, promulgated regulations, and standards thereunder. (16) The director shall submit said plan to the Tennessee Department of Labor for approval on or before November 16, (1976 Code, 1-903) 4-5

29 When effective. Said plan upon its approval by the Tennessee Department of Labor shall become effective in the City of Loudon and at that time shall become a part of this chapter as fully and completely as if set out herein in full, the same being here adopted by reference. (1976 Code, 1-904) 4-6

30 Change 9, December 19, TITLE 5 MUNICIPAL FINANCE AND TAXATION 1 CHAPTER 1. MISCELLANEOUS. 2. REAL PROPERTY TAXES. 3. PRIVILEGE TAXES. 4. WHOLESALE BEER TAX. 5. PURCHASING AND BIDDING PROCEDURES. CHAPTER 1 MISCELLANEOUS SECTION Payment of lost bonds or coupons Co-signing checks Payment of lost bonds or coupons. No bond or coupon from any bond which the City of Loudon has or shall issue and for which the city is liable, when same shall have been lost, misplaced, or destroyed shall be paid to any person, firm, or corporation making application for such payment, unless such person, firm, or corporation shall first have executed and delivered to the City of Loudon a surety bond to indemnify the city against any claim, including expenses and attorney fees, which may accrue against the city by subsequent presentation of such lost, misplaced, or destroyed bond or coupon. (1976 Code, 6-101) Co-signing checks. (1) All checks executed by the City of Loudon shall be co-signed by two of the following: (a) City manager (b) City recorder (c) Mayor 1 Charter references City manager Advises city council: art. V, 3(8). Annual budget: art. V, 3(5). Report: art. V, 3(6). Recorder: art. VII.

31 Change 9, December 19, (d) Business manager of Loudon Utilities (e) Assistant utility manager (2) Persons authorized to co-sign checks shall be bonded in an amount to be determined by the city council.

32 Change 9, December 19, CHAPTER 2 REAL PROPERTY TAXES 1 SECTION When due and payable When delinquent--penalty and interest Partial payments When due and payable. Property taxes levied by the City of Loudon shall be payable on and after October 1st in the year for which assessed. (Ord. # 774, Dec. 1987) When delinquent--penalty and interest. Property taxes shall become delinquent on March 1st of the year following. Taxes paid on or after March 1st shall have an additional delinquent charge of 1½ percent for each calendar month or portion of a calendar month beginning March 1st. (Ord. # 774, Dec. 1987) Partial payments. (1) The city shall accept partial payments of annual real property taxes beginning after final passage of this section. Notwithstanding the following schedule, the entire amount of taxes due must be paid in full prior to the first day of March. (2) Failure to pay the entire amount of the taxes prior to the delinquency date subjects unpaid taxes to the penalties and interest applicable to delinquent taxes and subjects the entire property on which there is a lien to a tax sale. 1 Charter reference: art. X. Ordinance # , passed October 2015, provides: Pursuant to Tennessee Code Annotated, (j)(1) and (2): (1) The city will provide matching funds for property tax relief; and (2) In no event shall the total relief allowed by state and city exceed the total taxes paid; and (3) Provide the appropriation of funds for the additional tax relief to eligible taxpayers that have previously applied for and obtained the relief authorized by Tennessee Code Annotated, , , or ; and (4) The city recorder will determine how to administer the program in conjunction with the State of Tennessee Comptroller's Office Tax Relief Section of the Division of Property Assessment.

33 Change 9, December 19, (3) Partial payments will be accepted in increments of no more than four (4) payments. (4) Notwithstanding the schedule in subsection (3), no penalties, fines, interest or other fees shall be assessed against the taxpayer except as provided by (5) Prior to the final reading of the ordinance comprising this section, the recorder shall transmit to the State Comptroller of the Treasury a copy of the ordinance, which shall serve as the plan required by Tennessee Code Annotated, (b). 1 To fulfill the requirements of that section, the city hereby declares that: (a) The city has the appropriate accounting technology to implement this program; and, (b) The city can implement this program with existing resources. (as added by Ord. # , Oct. 2010) 1 State law reference Tennessee Code Annotated, permits a municipality that collects its own property taxes to, via ordinance, accept partial payment of property taxes upon filing a plan for such with the comptroller of the treasury. The plan must indicate that the municipality has the appropriate accounting system technology. The plan must also indicate whether the program will be implemented with existing resources or indicate prior to approval of the governing body if additional resources are needed.

34 5-5 CHAPTER 3 PRIVILEGE TAXES SECTION Tax levied License required Tax levied. Except as otherwise specifically provided in this code, there is hereby levied on all vocations, occupations, and businesses declared by the general laws of the state to be privileges taxable by municipalities, an annual privilege tax in the maximum amount allowed by state laws. The taxes provided for in the state's "Business Tax Act" (Tennessee Code Annotated, et seq.) are hereby expressly enacted, ordained, and levied on the businesses, business activities, vocations, and occupations carried on within the city and the rates and in the manner prescribed by the act. (Ord. # , Sept. 1991) License required. No person shall exercise any such privilege within the city without a currently effective privilege license, which shall be issued by the recorder to each applicant upon such applicant's payment of the appropriate privilege tax. Violations of this section shall be punished under the general penalty provisions of this code of ordinances. (Ord. # , Sept. 1991)

35 5-6 CHAPTER 4 SECTION To be collected. WHOLESALE BEER TAX To be collected. The recorder is hereby directed to take appropriate action to assure payment to the municipality of the wholesale beer tax levied by the "Wholesale Beer Tax Act," as set out in chapter 6 of title 57, Tennessee Code Annotated. (1976 Code, 6-401)

36 Change 9, December 19, CHAPTER 5 PURCHASING AND BIDDING PROCEDURES SECTION Application Purchasing Limits on purchases Advertising and bidding Application. This chapter shall apply to all purchases by authorized officials in the City of Loudon using or encumbering municipal funds, except those exempted by state law in Tennessee Code Annotated, (as added by Ord. # , Nov. 2015) Purchasing. (1) The city manager shall be responsible for all city purchasing but may delegate such duty to any subordinate appointed by the manager. (2) Competitive prices for all purchases and public improvements shall be obtained whenever practicable and in accordance with this chapter, and the purchase made from or the contract awarded to the lowest responsible bidder, provided that the city shall have the power to reject any and all bids. (3) Formal sealed bids shall be obtained in all transactions involving the expenditure of ten thousand dollars ($10,000.00) or more, which shall automatically be increased if and when Tennessee Code Annotated, is amended to provide for a greater sum. The transaction shall be evidenced by written contract submitted to and approved by the council; provided that in cases where the council indicates by formal unanimous resolution of those present at the meeting, based upon the written recommendation of the manager that it is clearly to the advantage of the city not to contract with competitive bidding, it may authorize noncompetitive contracts. (4) The council may also authorize the making of public improvements or the performing of any other city work by any city department or agency without competitive bidding. (as added by Ord. # , Nov. 2015) Limits on purchases. All purchases made from funds subject to the authority of this chapter shall be made within the limits of the approved budget, when required, and the appropriations, when required, for the department, office or agency for which the purchase is made. (as added by Ord. # , Nov. 2015) Advertising and bidding. (1) Exceptions. Except as hereinafter provided, all purchases and leases or lease-purchase agreements shall be made

37 Change 9, December 19, or entered into only after public advertisement and competitive bid. Except as follows: (a) Purchases costing less than ten thousand dollars ($10,000.00); provided, that this exemption shall not apply to purchases of like items which individually cost less than ten thousand dollars ($10,000.00), but which are customarily purchased in lots of two (2) or more, if the total purchase price of such items would exceed ten thousand dollars ($10,000.00) during any fiscal year, which shall automatically be increased if and when Tennessee Code Annotated, is amended to provide for a greater sum. (b) Any goods or services which may not be procured by common means because of the existence of a single source of supply or being a proprietary product. A record of all such sole source or proprietary purchases shall be made by the person or body authorizing such purchases and shall specify the amount paid, the items purchased and from whom the purchase was made. A report of such sole source or proprietary purchases shall be made as soon as possible to the city council and the city manager and shall include all items of information as required for the record. (c) Purchases or leases of any supplies, materials or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work. A record of any such emergency purchase shall be made by the person or body authorizing such emergency purchases, and shall specify the amount paid, the items purchased, from whom the purchase was made and the nature of the emergency. A report of any emergency purchase shall be made as soon as possible to the city council and the city manager, and shall include all items of information as required by the record. (d) Leases or lease-purchase agreements requiring total payments of less than ten thousand dollars ($10,000.00) in each fiscal year the agreement is in effect; provided, that this exemption shall not apply to leases of like related items which individually may be leased or lease-purchased with total payments of less than ten thousand dollars ($10,000.00) in any fiscal year, but which are customarily leased or lease-purchased in numbers of two (2) or more, if the total lease or lease-purchase payments for such items under a single agreement would be ten thousand dollars ($10,000.00) or more in any fiscal year, which shall automatically be increased if and when Tennessee Code Annotated, is amended to provide for a greater sum. (e) Purchases, leases and lease-purchases of real property. (f) Purchases, leases or lease-purchases from any federal, state or local governmental unit or agency of secondhand articles or equipment or other materials, supplies, commodities and equipment.

38 Change 9, December 19, (g) The city council may exempt perishable commodities from requirements of public advertisement and competitive bidding when such items are purchased in the open market. Fuel and fuel products may be purchased in the open market without public advertisement, but shall whenever possible be based on at least three (3) competitive bids. Fuel and fuel products may be purchased from the department of general service contract where available. (2) Expenditures of less than ten thousand dollars ($10,000.00). All purchases, leases or lease-purchase arrangements with expenditures of less than ten thousand dollars ($10,000.00) but more than four thousand dollars ($4,000.00) in any fiscal year may be made in the open market without public advertisement, but shall, whenever possible, be based upon at least three (3) competitive bids. Purchases, leases and lease-purchases of four thousand dollars ($4,000.00) or less in any fiscal year shall not require any public advertisement or competitive bidding. The sum of four thousand dollars ($4,000.00) in this subsection shall automatically increase to forty percent (40%) of the sum set forth in Tennessee Code Annotated, , if and when said statute is amended to provide for a greater sum. (3) Other exempt purchases, leases and lease-purchase agreements. The foregoing requirements for advertising and competitive bids for city purchases, leases and/or lease-purchase agreements shall not apply to or restrict the city's ability to participate in any program for municipal purchases, leases and/or lease-purchase agreements by, through, from or with the State of Tennessee, the state department of general services, any state agency or any other local government entity, individually or cooperatively, whenever such purchase, lease or lease-purchase agreement is authorized by statute. (as added by Ord. # , Nov. 2015)

39 6-1 CHAPTER 1. POLICE DEPARTMENT. 2. ARREST PROCEDURES. TITLE 6 LAW ENFORCEMENT 1 CHAPTER 1 POLICE DEPARTMENT SECTION Policemen subject to chief's orders Policemen to preserve law and order, etc Police department records Policemen subject to chief's orders. All policemen shall obey and comply with such orders and administrative rules and regulations as the police chief may officially issue. (1976 Code, 1-401) 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. Policemen shall also promptly serve any legal process issued by the city court. (1976 Code, 6-102) Police department records. The police department shall keep a comprehensive and detailed daily record, in permanent form, showing at a minimum: (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. 1 Municipal code reference Issuance of citations in lieu of arrest in traffic cases: title 15, chapter 7. See ordinance # (June 1997) of record in the office of the recorder for an ordinance approving interlocal cooperation and mutual aid agreement for Loudon County Metro Narcotics.

40 However, failure to keep such records shall not inure to the benefit of any person charged with an offense in the City of Loudon. (1976 Code, 1-407) 6-2

41 6-3 CHAPTER 2 ARREST PROCEDURES SECTION When policemen to make arrests Disposition of persons arrested Policemen may require assistance 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. (1976 Code, 1-404) Disposition of persons arrested. 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. If the arrested person fails or refuses to post bond, he shall be confined pending his release by the city judge. (1976 Code, 1-404) Policemen may require assistance. It shall be unlawful for any person willfully to refuse to aid a policeman in maintaining law and order or in making a lawful arrest when such person's assistance is requested by the policeman and is reasonably necessary. (1976 Code, 1-405) 1 Municipal code reference Issuance of citation in lieu of arrest in traffic cases: title 15, chapter 7.

42 Change 9, December 19, CHAPTER 1. MISCELLANEOUS. 2. FIRE CODES. 3. FIRE DEPARTMENT. 4. FIREWORKS. 5. OPEN BURNING. SECTION Fire limits described. TITLE 7 FIRE PROTECTION AND FIREWORKS 1 CHAPTER 1 MISCELLANEOUS Fire limits described. 2 The corporate fire limits shall be as follows: Beginning at the corner of College Avenue and Atlanta Street; thence south on Atlanta Street to Church Street; thence east on Church Street to Poplar Street; thence north on Poplar Street to the Southern Railway main line; thence westerly with the railroad to the beginning point. (1976 Code, 7-101) 1 Municipal code reference Building, utility and housing codes: title The significance of the fire district is that Chapter III of the Standard Building Code, applicable to the City of Loudon through title 12 of this code, imposes certain construction, modification and other requirements peculiar to buildings located within the fire district, and prohibits Hazardous (Group H) occupancies within the fire district. Chapter IV, Section 408 of the Standard Building Code defines Hazardous (Group H) occupancy in both general and specific terms, but generally it refers to occupancies involving highly combustible, flammable or explosive materials.