THE GATLINBURG MUNICIPAL CODE

Transcription

1 THE GATLINBURG MUNICIPAL CODE Prepared by the MUNICIPAL TECHNICAL ADVISORY SERVICE INSTITUTE FOR PUBLIC SERVICE THE UNIVERSITY OF TENNESSEE in cooperation with the TENNESSEE MUNICIPAL LEAGUE March 2000

2 Change 13, February 7, 2017 CITY OF GATLINBURG, TENNESSEE MAYOR Mike Werner VICE MAYOR Mark McCown COMMISSIONERS Jerry Hays Mike Helton Don Smith CITY MANAGER Cindy Cameron Ogle CITY ATTORNEY Ronald E. Sharp ii

3 PREFACE The Gatlinburg Municipal Code contains the codification and revision of the ordinances of the City of Gatlinburg, 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. (3) That the city agrees to pay the annual update fee as provided in the MTAS codification service charges policy in effect at the time of the update. 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 iii

4 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 Sandy Selvage, the MTAS Sr. Word Processing Specialist who did all the typing on this project, and Tracy G. Gardner, Administrative Services Assistant, is gratefully acknowledged. Steve Lobertini Codification Specialist iv

5 ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE CITY CHARTER SECTION 6. Be it further enacted, That the affirmative vote of a majority of members elected to the Board of Commissioners shall be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances and for the adoption of such resolutions as the Board by its rules shall prescribe, shall be taken by yeas and nays and entered upon the minutes. Each and every ordinance or resolution passed by the Board shall be signed by the presiding officer or two members and filed with the Recorder who shall also sign same and record same in a book to be kept for that purpose. Each proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more than one subject, which shall be clearly stated in the title; but the general appropriation ordinance may contain the various subjects and accounts for which money is to be appropriated. The enacting clause of all ordinances passed by the Board shall be: Be It Ordained by the City of Gatlinburg. All ordinances shall conclude with the provision that This ordinance shall take effect fifteen days from and after its passage, the public welfare requiring it ; provided that the closing of an emergency ordinance shall read: This ordinance shall take effect from and after its passage, the public welfare requiring it. No ordinance, unless it be an emergency measure, shall be passed until it has been read at two (2) regular meetings not less than two (2) weeks apart; provided, however, that if any ordinance is amended on the second reading, a third reading of that ordinance shall be required prior to adoption and final passage. All ordinances passed by the Board shall be in effect from and after fifteen days from the date of final passage, except that the Board may, by an affirmative vote of four of its members, pass, upon one reading, emergency ordinances to take effect at the time of passage. To meet a public emergency affecting life, health, public peace or property, the Board may adopt one or more emergency ordinances. An emergency ordinance may not be enacted to make a grant, to levy taxes, renew or extend a franchise or regulate the rates to be charged by any public utility. An emergency ordinance may be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance shall become effective immediately upon its adoption or at such other time as designated within the ordinance itself. Every v

6 emergency ordinance shall automatically stand repealed as of the sixty-first day following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the form of a regular ordinance; however emergency ordinances which appropriate emergency or supplemental appropriations, or transfer of funds shall not be repealed but shall continue in full force and effect unless specifically repealed by an additional ordinance. Every ordinance of a general or permanent nature shall be published once within ten days after its final passage; provided that if it appears to the Board that a newspaper publication is unnecessarily expensive and unjustified in any particular case, such other means of securing due publicity may be resorted to in lieu of newspaper publication as the Board by informal resolution may designate. The publication of ordinances, as well as other publications mentioned in this Charter, shall be made in a newspaper of general circulation in the City and County in body type of the paper and under headlines in twelve point type. [As replaced by Priv. Acts 1949, ch. 811, 1(k), and amended by Priv. Acts 1977, ch. 150, 4] vi

7 ( I. I ORDINANCE' NO.,;t I ~!I! AN ORDINANCE ADOPTING AND ENACTING A COMPREHENSIVE CODIFICAnON AND REVISION OF THE ORDINANCES OF THE CITY OF GATLINBURG, TENNESSEE. WHEREAS some of the ordinances of the City of Gatlinburg are obsolete, and WHEREAS some of the other ordinances of the city are inconsistent with each other or ar~ otherwise inadequate, and WHEREAS the Board of Commissioners of the City of Gatlinburg, Tennessee, has caused its ordinances ofa general, continuing, and permanent application or ofa penal nature to be codified and revised and the same are embodied in a code of ordinances known as the "Gatlinburg Municipal Code," now, therefore: - BE IT ORDAINED BY me CITY OF GATLINBURG, TENNESSEE, THAT: Section 1. Ordinances codified. The ordinances of the city of a general,. continuing, and permanent application orof a penal nature, as codified and revised in the following "titles," namely "titles" 1 to 20, both inclusive, are ordained and adopted as the "Gatlinburg Municipal Code," hereinafter referred to as the "Municipal Code." /--'. (e Section 2. Ordinances repealed. All ordinances of a general, continuing, and 1\ permanent applicationorofa penal nature not contained in the municipal code are hereby I repealed from and after the effective date of said code, except as hereinafter provided in Section 3 below. Section 3. Ordinances saved from repeal. The repeal provided for in section 2 ofthis ordinance shall not affect: Any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of the municipal code; any ordinance or resolution promising or requiring the payment of money by or to the city or authorizing the issuance of any bonds or other evidence ofsaid city's indebtedness; any appropriation ordinance or ordinance providing for the levy of taxes or any budget ordinance; any contract or obligation assumed by or in favor of said city; any ordinance establishing or authorizing the establishment of a social security system or providing or changing coverage under that system; any administrative ordinances orresolutions not in conflict or inconsistent with theprovisions ofsuch code; the portion of any ordinance not in conflict with such code which regulates speed, direction of travel, passing, stopping, yielding, standing, or parking on any specifically named public street or way; any right or franchise granted by the city; any. ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, II widening, vacating, etc., any street or public way; any ordinance establishing and 1\ prescribing the grade of any street; any ordinance providing for local improvements and 1 \' special assessments therefor; ajly ordinance dedicating or accepting any plat or.\ subdivision; any prosecution, suit, orotherproceeding pending orany judgmentrendered!' on orprior to the effective date ofsaid code; any zoning ordinance or amendment thereto II or. ~mendment t~ the zoning map; nor shall such repeal affect any ordinance annexing ii terntory to the CIty. ',!! Section 4. Continuation of existing provisions. Insofar as the provisions of. the municipal code are the same as those of ordinances existing and in force on its effective date, said provisions shall be considered to be continuations thereof and not as new enactments. \,. il Ii II "Ị1

8 . " (--" ~, ie '. ( : Section 5. Penalty clause...unless otherwise specified in a title, chapter or section ofthe municipal code, including the codes and ordinances adopted by reference, whenever in the municipal code any act is prohibited or is made or declared to be a civil offense, or whenever in the municipal code the doing of any act is required or the failure to do any act is declared to be a civil offense, the violation of any such provision of the municipal code shall be punished by a civil penalty ofnot more than five hundred dollars '1\ ($500.00) and costs for each separateviolation; provided, however, thatthe imposition of a civil penalty underthe provisions ofthis municipal code shall not preventthe revocation I of any permit or license or the taking of other punitive or remedial action where called \ for or permitted under the provisions of the municipal code or other applicable law. In I, any place in the municipal code the term "it shall be a misdemeanor" or "it shall be an offense" or "it shall be unlawful" or similar terms appears in the context of a penalty provision ofthis municipal code, it shall mean "it shall be a civil offense." Anytime the word "fine" orsimilarterm appears inthe context ofa penaltyprovisionofthis municipal code, it shah mean "a civil penalty." When a civil penalty is imposed on any person for violating any provision of the municipal code and such person defaults on payment ofsuch penalty, he may be required to perform hard labor, within or without the workhouse, to the extent that his physical condition ~hall pe~it, ~ntil such civil pena!1y is discharged by payment, or until such person, bemg credited With such sum as mayl;e prescribed for each day's hard labor, has fully discharged said penalty. I Each day any violation ofthe municipal code continues shall constitute a separate civil offense. Section 6. Severability clause. Each section, subsection, paragraph, sentence, and clause of the municipal code, including the codes and ordinances adopted by reference, is hereby declared to be separable and severable. The invalidity ofany section, subsection, paragraph, sentence, or clause in the municipal code shall not affect the validity of any other portion of said code, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted therefrom. Section 7. Reproduction and amendment ofcode. The municipal code shall be reproduced in loose-leaf form. The board ofcommissioners by motion or resolution, shall fix, and change from time to time as considered necessary, the prices to be charged for copies of the municipal code and revisions thereto. Mter adoption of the municipal code, each ordinance affecting the code shall be adopted as amending, adding, or deleting, by numbers, specific chapters or sections ofsaid code. Periodically thereafter all affected pages of th.e municipal code shall be revised to reflect such amended, added, or deleted material and shall be distributed to city officers and employees having copies ofsaid code and to other persons who have requested and paid for current revisions. Notes shall be inserted at the end of amended or new sections, referring to the numbers of ordinances making the amendments or adding the new provisions, and such references shall be cumulative if a section is amended more than once in order that the current copy of the municipal code will contain references to all ordinances responsible for current provisions. One copy of the municipal code as originally adopted and one copy of each amending ordinance thereafter adopted shall be furnished to the Municipal Technical Advisory Service immediately upon final passage and adoption. "" Section 8. Construction of conflicting provisions. Where any provision of the municipal code is in conflict with any other provision in said code, the provision which estalilishes the higher standard for the promotion and protection of the public Ihealth, >safety, and welfare shall prevail. II. I:!i Iili ji Ii Ii., d,: II.1!i IState law reference For authority to allow deferred payment of fines, or payment by see Tennessee Code Annotated, I et seq. ORD-2 installments, \ d II

9 '<' Section 9. Code available for public use. A copy ofthe municipal code shall be kept available in the recorder's office for public use and inspection at all reasonable times. Section 10. Date of effect. This ordinance shall take effect 15 days from and after its final passage, the public welfare requiring it, and the municipal code, including all the codes and ordinances therein adopted by reference, shall be effective on and after that date. r"~ i._... :... ATTEST: (Jr* (_tjcy Passed first reading 1/ -2 rj-99 Passed second readinll: 3 Zfil(J-{J-6 - Public Hearing.3 -~ /_ d.~ APPROVED AS TO FORM: R~HARP~RNEY I I Ii I: 1,1 "!i I II " ~ i, ',\ Ii 'I II II, ORD-3

10 Change 13, February 7, CHAPTER 1. BOARD OF COMMISSIONERS. 2. CITY MANAGER. 3. RECORDER. 4. CODE OF ETHICS. 5. PUBLIC RECORDS. TITLE 1 GENERAL ADMINISTRATION 1 CHAPTER 1 BOARD OF COMMISSIONERS 2 SECTION Time and place of regular meetings Order of business General rules of order Time and place of regular meetings. The board of commissioners shall hold regular monthly meetings at 6:00 P.M. on the first Tuesday after the first of each month and on the first Tuesday after the fifteenth of each month at regular designated city offices. (1976 Code, 1-101, as amended by Ord. #2198, Jan. 2000) 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 references Compensation: 5. Qualifications: 5. Removal from office: 5. Term of office: 3. Vacancy in office: 5.

11 Order of business. At each meeting of the board of commissioners, the following regular order of business shall be observed unless dispensed with by a majority vote of the members present: (1) Call to order. (2) Approval of the minutes. (3) Petitions and communications from the public and items from the audience. (4) Reports of boards and committees. (5) City manager s report. (6) Old business. (7) New business. (8) Unscheduled items. (9) Adjournment. (1976 Code, 1-102, as amended by Ord. #2156, Aug. 1997) General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, 1990 (9th) Edition, shall govern the transaction of business by and before the board of commissioners 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, modified) 1-2

12 1-3 CHAPTER 2 CITY MANAGER 1 SECTION Generally supervises municipality s affairs Executes municipality s contracts Generally supervises municipality s affairs. The city manager shall have general supervision of all municipal affairs, perform the duties of the recorder in his absence and may require such reports from the officers and employees as he may reasonably deem necessary to carry out his executive responsibilities. (1976 Code, 1-201) Executes municipality s contracts. The city manager shall execute all contracts authorized by the board of commissioners. (1976 Code, 1-202) 1 Charter references Appointment: 8. Bond: 8. Compensation: 8. Powers and duties: 9. Vacancy in office: 9.

13 1-4 CHAPTER 3 RECORDER 1 SECTION To be bonded To keep minutes, etc To perform general administrative duties, etc To be bonded. The recorder shall be bonded in the sum of ten thousand dollars ($10,000.00), with surety acceptable to the board of commissioners, before assuming the duties of his office. (1976 Code, 1-301) To keep minutes, etc. The recorder shall keep the minutes of all meetings of the board of commissioners and shall preserve the original copy of all ordinances in a separate ordinance book. (1976 Code, 1-302) To perform general administrative duties, etc. The recorder shall perform all administrative duties for the board of commissioners and for the City of Gatlinburg which are not expressly assigned by the charter or this code to another corporate officer. He shall also have custody of, and be responsible for maintaining all corporate bonds, records, and papers in such fireproof vault or safe as the municipality shall provide. (1976 Code, 1-303) 1 Charter reference: 12.

14 Change 8, December 18, CHAPTER 4 CODE OF ETHICS 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 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. #2371, June 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. #2371, June 2007)

15 Change 8, December 18, 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. #2371, June 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. #2371, June 2007) 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. (as added by Ord. #2371, June 2007) 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. #2371, June 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 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. #2371, June 2007)

16 Change 8, December 18, 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 himself or others that is not authorized by the charter, general law, or ordinance or policy of the municipality. (as added by Ord. #2371, June 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. #2371, June 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 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 governing body to hire another attorney, individual, or entity to act as ethics officer when he 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. #2371, June 2007)

17 Change 8, December 18, 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. #2371, June 2007)

18 Change 13, February 7, CHAPTER 5 PUBLIC RECORDS SECTION Procedures regarding access to and inspection of public records Procedures regarding access to and inspection of public records. (1) Consistent with the Public Records Act of the State of Tennessee, personnel of the City of Gatlinburg shall provide full access and assistance in a timely and efficient manner to Tennessee residents who request access to public documents. (2) Employees of the City of Gatlinburg shall protect the integrity and organization of public records with respect to the manner in which the records are inspected and copied. All inspections of records must be performed under the supervision of the records custodian or designee. All copying of public records must be performed by employees of the city, or, in the event that city personnel are unable to copy the records, by an entity or person designated by the records custodian. (3) To prevent excessive disruptions of the work, essential functions, and duties of employees of the City of Gatlinburg, persons requesting inspection and/or inspection and/or copying of public records are requested to complete a records request form to be furnished by the city. If the requesting party refuses to complete a request form, a city employee shall complete the form with the information provided by the requesting party. Persons requesting access to open public records shall describe the records with specificity so that the records may be located and made available for public inspection or duplication, as provided in subsection (2) above. All requests for public records shall be directed to the records custodian. (4) When records are requested for inspection or copying, the records custodian has up to seven (7) business days to determine whether the city can retrieve the records requested and whether the requested records contain any confidential information, and the estimated charge for copying based upon the number of copies and amount of time required. Within seven (7) business days of a request for records, the records custodian shall: (a) Produce the records requested; (b) Deny the records in writing, giving explanation for denial; or, (c) In the case of voluminous requests, provide, in writing, the requestor with an estimated time frame for production and an estimation of duplication costs. (5) There is no charge assessed to a requester for inspecting a public record. Charges for physical copies of records, in accordance with the Office of Public Records Counsel (OORC) schedule of reasonable charges, are as follows:

19 Change 13, February 7, (a) Standard 8 1/2 x 11 or 8 1/2 x 14 black and white copy - fifteen cents ($0.15) per page for each produced. (b) Standard 8 1/2 x 11 or 8 1/2 x 14 color copy - fifteen cents ($0.15) per page for each produced. (c) Accident reports - fifteen cents ($0.15) per page for each standard 8 1/2 x 11 or 8 1/2 x 14 black and white copy produced. (d) Maps, plats, electronic data, audio discs, video discs, and all other materials shall be duplicated at actual costs to the city. (6) Requests requiring less than one (1) hour of municipal employee labor for research, retrieval, redaction and duplication will not result in an assessment of labor charges to the requester. Employee labor in excess of one (1) hour may be charged to the requestor, in addition to the cost per copy, as provided in subsection (5). The city may require payment in advance of producing any request. Requests for copies of records may not be broken down to multiple requests for the same information in order to qualify for the first free hour. (a) For a request requiring more than one (1) employee to complete, labor charges will be assessed based on the following formula: In calculating the charge for labor, a department head shall determine the number of hours each employee spent in producing a request. The department head shall then subtract the one (1) hour threshold from the number of hours of highest paid employee(s) spent producing the request. The department head will then multiply total number of hours to be charged for the labor of each employee by that employee's hourly wage. Finally, the department head will add together the totals for all the employees involved in the request and that will be the total amount of labor that can be charged. (b) When the total number of requests made by a requestor within a calendar month exceeds four (4), the requests will be aggregated, and the requester shall be charged a fee for any and all labor that is reasonably necessary to produce the copies of the requested records after informing the requester that the aggregation limit has been met. Request for items that are routinely released and readily accessible, such as agendas for current calendar month meetings and approved minutes from meetings held in the previous calendar month, shall not be counted in the aggregated requests. (7) If the city is assessed a charge to retrieve the requested records from archives or any other entity having possession of requested records, the records custodian may access the requestor the cost assessed to the city. (8) Upon completion of a records request, the requestor may pick up the copies of records at the office of the records custodian. Alternatively, the requester may choose to have the copies of records delivered via United States Postal Service; provided that the requestor pays all related expenses in advance.

20 Change 13, February 7, (9) The police chief shall maintain in his office records of undercover investigators containing personally identifying information. All other personnel records of the police department shall be maintained in the office of the records custodian. Requests for personnel records, other than for undercover investigators, shall be made to the records custodian, who shall promptly notify the police chief of such request. The police chief shall make the final determination as to the release of information requested. In the event that the police chief refuses to release the information, he shall provide a written explanation of his reasons for not releasing the information. (10) If the public records requested are frail due to age or other conditions, and copying of the records will cause damage to the original records, the requesting party may be required to make an appointment for inspection. (as added by Ord. #2473, March 2014)

21 Change 9, December 2, TITLE 2 BOARDS AND COMMISSIONS, ETC. CHAPTER 1. RECREATIONAL BOARD. 2. CITY TREE BOARD. 3. ENVIRONMENTAL DESIGN REVIEW BOARD. CHAPTER 1 RECREATIONAL BOARD SECTION Creation and terms Duties and responsibilities Meetings Cooperation with board of commissioners Board review and recommendation Creation and terms. The Gatlinburg Recreational Board shall consist of eleven (11) members appointed by the board of commissioners. The members of the recreation board shall serve two (2) year terms, with the terms staggered so that a portion of the board shall be appointed or reappointed each year. Any vacancy occurring before the expiration of a term shall be filled for the remaining portion of said term only. (Ord. #2151, June 1997, as amended by Ord. #2390, June 2008) Duties and responsibilities. The members of the Gatlinburg Recreational Board shall serve in an advisory capacity to the board of commissioners on matters relating to the recreational facilities of the city including planning, construction, supervision, and maintenance, and any other matter relating to the recreational facility of the city. (1976 Code, ) Meetings. The Gatlinburg Recreational Board shall meet monthly at city hall or at such other time as the board may establish. (1976 Code, ) Cooperation with board of commissioners. It is the purpose of this section to provide the residents of the city with suitable persons selected by the board of commissioners to advise in such matters of recreation; that there will exist a spirit of cooperation in bringing matters relating to recreation to the attention of the board of commissioners to the end that all residents of the city and its visitors will be provided with excellent recreational facilities. (1976 Code, )

22 Board review and recommendation. The recreational board shall review all capital improvement projects on any proposed and/or existing city park or recreational facilities prior to said proposals being presented to the board of commissioners, if it is to be presented to the board of commissioners. The recreational board shall make recommendations on such projects and present same to the board of commissioners. (1976 Code, ) 2-2

23 2-3 CHAPTER 2 CITY TREE BOARD SECTION Definitions Creation and establishment of a city tree board Term of office Compensation Duties and responsibilities Operation Street tree species to be planted Spacing Distance from curb and sidewalk Distance from street corners and fireplugs Utilities Public tree care Tree topping Dead or diseased tree removal on private property Interference with city tree board Arborists license and bond Review by city commission Penalty Definitions. (1) Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying within the right-of-way of all streets, avenues, or ways within the city. (2) Park trees are herein defined as trees, shrubs, bushes and all other woods vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park. (1976 Code, ) Creation and establishment of a city tree board. There is hereby created and established a City Tree Board for the City of Gatlinburg, Tennessee, which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the board of commissioners. (1976 Code, ) Term of office. The term of the five persons to be appointed by the mayor shall be three (3) years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. (1976 Code, )

24 Compensation. Members of the board shall serve without compensation. (1976 Code, ) Duties and responsibilities. It shall be the responsibility of the board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the board of commissioners and upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the City of Gatlinburg. The tree board shall consider, investigate, make findings, report and recommend upon any special matter or question coming with the scope of its work. (1976 Code, ) Operation. The board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (1976 Code, ) Street tree species to be planted. The following list constitutes the official street tree species for Gatlinburg, Tennessee. No species other than those included in this list may be planted as street trees without written permission of the city tree board. 2-4 Small Trees Cherry, Flowering Crab Apple, Flowering Dogwood Fringe Tree Golden Rain Tree Hawthorne Holly, Foster Lilac, Japanese Magnolia, Sauder Maple, Japanese Pear, Bradford Plum Redbud Service Berry Sourwood Rhododendron Medium Trees Ash Basswood Birch Hackberry Honey Locust (thornless) Mulberry, Red (fruitless male) Pagodatree, (Japanese) Persimmon Sassafras Yellowwood Large Trees Beech Coffeetree, Kentucky Ginkgo Magnolia, Cucumber Tree Maple Oak Poplar, Tulip Sweetgum Sycamore

25 2-5 Small Trees (cont.) Azaleas Juniper (Ground Cover) Mountain Laurel (1976 Code, ) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in above and no trees may be planted closer together than the following: Small Trees, 30 feet; Medium Trees, 40 feet; Large Trees, 50 feet, except in special plantings designed or approved by a landscape architect. (1976 Code, ) Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in and no trees may be planted closer to any curb or sidewalk than the following: Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 4 feet. (1976 Code, ) Distance from street corners and fireplugs. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet from any fireplug. (1976 Code, ) Utilities. No street trees other than those species listed as small trees in may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. (1976 Code, ) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city tree board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason if its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners on public property providing that the selection and location of said trees in accordance with of this chapter. (1976 Code, )

26 Tree topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than tree inches in diameter within the tree s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the city manager. (1976 Code, ) Dead or diseased tree removal on private property. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city tree board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of receipt of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice. (1976 Code, ) Interference with city tree board. It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, while engaging in or about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this section. (1976 Code, ) Arborists license and bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described. (1976 Code, ) Review by city commission. The city commission shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the board of commissioners who may hear the matter and make a final decision. (1976 Code, ) 2-6

27 Penalty. Any person violating any provision of this section shall be, upon conviction or a plea of guilty, subject to a civil penalty of up to five hundred dollars ($500.00) per offense. (1976 Code, , modified) 2-7

28 Change 10, November 17, CHAPTER 3 ENVIRONMENTAL DESIGN REVIEW BOARD SECTION Creation Membership and qualifications Term Vacancies and removal Officers Quorum and voting Meetings and records Rules Jurisdiction and powers of the board Goals and objectives Hearings Time limitation Attendance required Creation. There is hereby created and established a board in and for the City of Gatlinburg which shall be known as the Environmental Design Review Board. (1976 Code, ) Membership and qualifications. The board shall consist of seven (7) members. Each member shall be a qualified, registered voter of the City of Gatlinburg and/or a resident of the planning region who operates or depends upon a business in Gatlinburg for a majority of his/her annual income. Where possible, those individuals who are appointed to the board should include recognized practitioners in the fields of architecture, art, engineering, realty, financing, landscape architecture, and managers or operators representing the motel, restaurant, retailing and recreation industry of the city. (1976 Code, ) Term. The members of the Environmental Design Review Board shall be appointed by the board of commissioners. Member terms shall be staggered for the purpose of future appointments so that all terms will not expire in the same calendar year. Each person so appointed shall serve a term of three (3) years. (1976 Code, , as replaced by Ord. #2417, Sept. 2009) Vacancies and removal. Any vacancy on the Environmental Design Review Board shall be filled by the board of commissioners by appointing a temporary member to fill the unexpired term of the seat vacated. The board of commissioners may remove any member or members of the board, for misconduct and/or nonperformance of duty. (1976 Code, )

29 Change 10, November 17, Officers. The Environmental Design Review Board shall elect a chairman from its membership. The chairman shall be counted to determine a quorum and shall have the same rights as other members of the board, including the right to vote. The chairman shall appoint a vice-chairman to serve during his absence, disability or disqualification and said vice-chairman shall exercise and perform all duties and be subject to all the responsibilities of the chairman. In the absence of the chairman and vice-chairman, the remaining board members shall select an acting chairman to serve in that capacity. A member of the city staff, designated by the city manager, shall serve as secretary to the board and also in an advisory capacity. (1976 Code, ) Quorum and voting. A quorum shall consist of four (4) members. The concurrence of a majority of the members of the board present and voting shall be necessary to determine any questions before the board. (1976 Code, ) Meetings and records. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Meetings shall be held only after public notice has been given prior to the scheduled meeting date and no action shall be taken except at a meeting duly assembled and open to the public. The board shall keep minutes of its proceedings showing the vote of the board on all matters coming before said board. (1976 Code, , as amended by Ord. #2417, Sept. 2009) Rules. The board may adopt and amend from time to time rules to govern the conduct of its business consistent with the provisions of this chapter. (1976 Code, ) Jurisdiction and powers of the board. Except for single family dwellings, no building permit shall be issued for a new building, and no sign permit shall be issued for the erection or construction of a sign relating to such new building, existing structure, or major remodeling, until plans, drawings, sketches and other documents deemed necessary have been reviewed by this board. All building construction, landscaping and/or sign erection undertaken by the City of Gatlinburg shall undergo review by this board regardless of whether the city is legally bound to acquire a permit. For the purposes of this section, the term major remodeling shall mean any remodeling that substantially changes the exterior appearance of the building. If permit applicants for single family dwellings so desire, review and advice shall be furnished by the board on any plans, drawings, sketches and other documents the applicant may submit. Construction, site development and landscaping shall be carried out in substantial accord with the plans, drawings, sketches and other documents approved by this board, unless altered with board approval. Nothing in this