CODE OF ORDINANCES CITY OF MORRISTOWN, TENNESSEE

Latest version.

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Published by Order of the Mayor and Council

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Adopted: July 5, 1994

Republished : 2015

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CURRENT OFFICIALS

of the

CITY OF

MORRISTOWN, TENNESSEE

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Gary Chesney

Mayor

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Dennis Alvis
Chris Bivens
Bob Garrett
Tommy Pedigo
Kay Senter
Ken Smith

Councilmembers

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Anthony W. Cox

City Administrator/Recorder

PREFACE

The Morristown Municipal Code contains the codification and revision of the ordinances of the City of Morristown, Tennessee.

In 2015, Municipal Code Corporation republished the Morristown Code of Ordinances. Source materials used in the preparation were the 1994 Code, and ordinances subsequently adopted by the city. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section was added by the codifier. The word "modified" in the note indicates significant modification of the original ordinance. Beginning with the 2015 republication, the reader can locate sections of the Code, as supplemented, and any subsequent ordinance included herein, by use of the Code Comparative Table appearing in the back of this Code. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Title, Chapter and Section Numbering System

The code is arranged into titles, chapters, and sections. Related matter is kept together, so far as possible, within the same title. Each section number is complete within itself, containing the title number, the chapter number, and the section of the chapter of which it is a part. Specifically, the first digit, followed by a hyphen, identifies the title number. The second digit identifies the chapter number, and the last two digits identify the section number. For example, title 2, chapter 1, section 6, is designated as section 2-106.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

SUPPLEMENT HISTORY TABLE	SHT:1
CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This 2015 republication was under the direct supervision of Dennis Sinnett, Supplement Department Vice President, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. Anthony Cox, City Administrator, and Ms. Debbie Stamey, Clerk/Executive Assistant, for their cooperation and assistance during the progress of the work on this republication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City of Morristown readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Morristown, Tennessee. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Morristown, Tennessee.

ADOPTING ORDINANCE

ORDINANCE NO. 2751, BEING AN ORDINANCE ADOPTING AND ENACTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE CITY OF MORRISTOWN, TENNESSEE.

WHEREAS , some of the ordinances of the City of Morristown are obsolete, and

WHEREAS , some of the other ordinances of the City are inconsistent with each other or are otherwise inadequate, and

WHEREAS , the City Council of the City of Morristown, Tennessee, has caused its ordinances of a general, continuing, and permanent application or of a penal nature to be codified and revised and the same are embodied in a code of ordinances known as the "Morristown Municipal Code", now, therefore:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MORRISTOWN, TENNESSEE, THAT:

SECTION 1. Ordinances codified. The ordinances of the City of a general, continuing, and permanent application or of a penal nature, as codified and revised in the following "titles", namely "titles" l to 20, both inclusive, are ordained and adopted as the "Morristown Municipal Code", hereinafter referred to as the "municipal code".

SECTION 2. Ordinances repealed. All ordinances of a general, continuing, and permanent application or of a penal nature not contained in the municipal code are hereby 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 of this 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 of said city's indebtedness; 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 inconsistent with the provisions of such code, including the personnel ordinances and amendments; 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, paving, widening, vacating, etc. any street or public way; and ordinance establishing and prescribing the grade of any street; any ordinance providing for local improvements and special assessments therefor; any ordinance dedicating or accepting any plat or subdivision; any prosecution, suit, or other proceeding pending or any judgment rendered on or prior to the effective date of said code; any zoning ordinance or amendment thereto or amendment to the zoning map; nor shall such repeal affect any ordinance annexing territory to the city or amending its zoning map.

SECTION 4. Continuation of existing provisions. Insofar as the provisions of the municipal code are the same as those of ordinances existing in and force on its effective date, said provisions shall be considered to be continuations thereof and not as new enactments.

SECTION 5. Penalty clause. Unless otherwise specified, wherever in the municipal bode, including the codes and ordinances adopted by reference, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in the municipal code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of the municipal code shall be punishable by a penalty of not more than fifty dollars (50.00) and costs for each separate violation; provided, however, that the imposition of a penalty under the provisions of this section shall not prevent the revocation of any permit or license or the taking of other punitive or remedial action when called for or permitted under the provisions of the municipal code or other applicable law.

When any person is fined for violating any provision of the municipal code and such person defaults on payment of such penalty, he may be required to perform hard labor within or without the workhouse to the extent his physical condition shall permit, until such penalty is discharged by payment, or until such person, being credited with such sum as may be prescribed for each day's labor, has fully discharged said penalty.

Each day any violation of the municipal code continues shall constitute a separate offense.

Cross reference— For authority to allow deferred payment of fines, or payment by installments, see the Tennessee Code Annotated. § 40-24-101, et seq.

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 of any 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 of code. The municipal code shall be reproduced in loose-leaf form. The City Council, 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, each general ordinance affecting the code shall be adopted as amending, adding, or deleting by numbers, specific chapters or sections of said code. Periodically thereafter all affected pages of the municipal code shall be revised to reflect such amended, added, or deleted material and shall be distributed to city officers and employees having copies of said 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 establishes the higher standard for the promotion and protection of the public health, safety, and welfare shall prevail.

SECTION 9. Code available for public use. A copy of the 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 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.

Passed on first reading this the 5th day of July, 1994

Passed on second and final reading this the 2nd day of August, 1994.

                    
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