ADOPTING ORDINANCE

ORDINANCE NO. 782

   AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF ETOWAH, TENNESSEE REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING THE EXISTING MUNICIPAL CODE AND GENERAL ORDINANCES OF THE CITY OF ETOWAH.

WHEREAS, the present general and permanent ordinances of the City of Etowah, Tennessee are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the City of Etowah, Tennessee is a home rule municipality pursuant to Article XI, Section 9, of the Constitution of the State of Tennessee and is therefore empowered to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the City Commission of the City of Etowah, Tennessee has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the City and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect immediately upon passage.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ETOWAH

Section 1.    The general ordinances of the City of Etowah, Tennessee as revised, amended, restated, codified, and complied in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Etowah.”

Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

   CHARTER

   TITLE I: GENERAL PROVISIONS

   10.   Rules of Construction; General Penalty

   TITLE III: ADMINISTRATION

   30.   City Commission

   31.   Organizations

   32.   Municipal Court

   33.   Inmate Labor

   34.   Finance and Taxation

   35.   Personnel

   36.   Administrative Hearing Officer

   TITLE V: PUBLIC WORKS

   50.   Refuse and Trash

   51.   Sewers

   52.   Water

   TITLE VII: TRAFFIC CODE

   70.   General Provisions

   71.   Traffic Regulations

   72.   Parking Rules

   73.   Recreational Vehicles

   TITLE IX: GENERAL REGULATIONS

   90.   Animals

   91.   Health and Sanitation; Nuisances

   92.   Junk and Junk Vehicles

   TITLE XI: BUSINESS REGULATIONS

   110.   General Provisions

   111.   Permits and Solicitations

   112.   Taxicabs

   113.   Amusements

   114.   Personal Property Sales

   115.   Alcohol

   TITLE XIII: GENERAL OFFENSES

   130.   General Offenses

   TITLE XV: LAND USAGE

   150.   Building Regulations; Construction

   151.   Streets and Roadways

   152.   Mobile and Manufactured Homes

   153.   Floods

   154.   Zoning

   TABLE OF SPECIAL ORDINANCES

   I.   Franchises and Agreements

   II.   Annexations and Deannexations

   III.   Closings and Vacations

   IV:   Zonings and Rezonings

   V.   Administration

   PARALLEL REFERENCES

   References to Tennessee Code Annotated

   References to 1994 Code

   References to Resolutions

   References to Ordinances

Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchise, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or conveyed to the Code.

Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the City Commission of the City of Etowah and the Recorder of the City of Etowah is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Recorder.

Section 5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6.   This ordinance shall take effect immediately upon passage.

PASSED AND ADOPTED by the City Commission of the City of Etowah.

DATE ADVERTISED in The Daily Post-Athenian : September 14, 2015.

Passed on 1st reading: August 24, 2015

Passed on 2nd reading: September 28, 2015

This the 7th day of October , 2015

                                       E. Burke Garwood /s/

                                       E. BURKE GARWOOD, III, Mayor

ATTEST:

Rebecca Penney /s/

Rebecca Penney, City Recorder

APPROVED AS TO FORM:

Russell J. Blair /s/

Russell J. Blair, City Attorney

E. BURKE GARWOOD, III, Mayor