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The New Market Municipal Code

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The New Market Municipal Code THE NEW MARKET MUNICIPAL CODE Prepared by the May 2011 TOWN OF NEW MARKET, TENNESSEE MAYOR Charles Guinn ALDERMEN Ross Cunningham Maurice Solomon Frankie Solomon Carolyn Williams RECORDER Robin Parker ii PREFACE The New Market Municipal Code contains the codification and revision of the ordinances of the Town of New Market, 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 2-106. By utilizing the table of contents, code index 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 7 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 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 the codes team, Emily Keyser, Linda Winstead, Nancy Gibson, and Doug Brown, is gratefully acknowledged. Stephanie Allen Codification Consultant iv ORDINANCE ADOPTION PROCEDURES PRESCRIBED BY THE TOWN CHARTER 1. An ordinance shall be considered and adopted on two (2) separate days; any other form of board action shall be considered and adopted on one (1) day. Any form of board action shall be passed by a majority of the members present, if there is a quorum. A quorum is a majority of the members to which the board is entitled. All ayes and nays on all votes on all forms of board action shall be recorded. (6-2-102) 2. Each ordinance, or the caption of each ordinance, shall be published after its final passage in a newspaper of general circulation in the municipality. No ordinance shall take effect until the ordinance or its caption is published. (6-2-101) v 1-1 TITLE 1 GENERAL ADMINISTRATION1 CHAPTER 1. BOARD OF MAYOR AND ALDERMEN. 2. MAYOR. 3. RECORDER. 4. CODE OF ETHICS. 1Charter 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 14. 1-2 CHAPTER 1 BOARD OF MAYOR AND ALDERMEN1 SECTION 1-101. Time and place of regular meetings. 1-102. Order of business. 1-103. General rules of order. 1-101. Time and place of regular meetings. The board of mayor and aldermen shall hold regular monthly meetings at 7:00 P.M. on the second Monday of each month at the city hall. (Ord. #10-5-10, Aug. 2010) 1-102. Order of business. At each meeting of the board of mayor and aldermen, 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) Reading of minutes of the previous meeting by the recorder, and approval or correction. (4) Grievances from citizens. (5) Communications from the mayor. (6) Reports from committees, members of the board of mayor and aldermen, and other officers. (7) Old business. 1Charter references For charter provisions related to the board of mayor and aldermen, see Tennessee Code Annotated, title 6, chapter 3. For specific charter provisions related to the board of mayor and aldermen, see the following sections: City administrator: § 6-4-101. Compensation: § 6-3-109. Duties of mayor: § 6-3-106. Election of the board: § 6-3-101. Oath: § 6-3-105. Ordinance procedure Publication: § 6-2-101. Readings: § 6-2-102. Residence requirements: § 6-3-103. Vacancies in office: § 6-3-107. Vice-mayor: § 6-3-107. 1-3 (8) New business. (9) Adjournment. (1983 Code, § 1-102) 1-103. General rules of order. The rules of order and parliamentary procedure contained in Robert's Rules of Order, Newly Revised, shall govern the transaction of business by and before the board of mayor and aldermen 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. (1983 Code, § 1-103, modified) 1-4 CHAPTER 2 MAYOR1 SECTION 1-201. Generally supervises city's affairs. 1-202. Executes munipality's contracts. 1-201. Generally supervises city's affairs. The mayor shall have general supervision of all city affairs and may require such reports from the officers and employees as he may reasonably deem necessary to carry out his executive responsibilities. (1983 Code, § 1-201) 1-202. Executes municipality's contracts. The mayor shall execute all contracts as authorizing by the governing body. (1983 Code, § 1-202) 1Charter references For charter provisions related to the mayor, see Tennessee Code Annotated, title 6, chapter 3. For specific charter provisions related to the mayor, see the following sections: Vacancies in office: § 6-3-107. Vice-mayor: § 6-3-107. 1-5 CHAPTER 3 RECORDER1 SECTION 1-301. To be bonded. 1-302. To keep minutes, etc. 1-303. To perform general administrative duties, etc. 1-301. To be bonded. The recorder shall be bonded in such sum as may be fixed by, and with such surety as may be acceptable to, the board of mayor and aldermen. (1983 Code, § 1-301) 1-302. To keep minutes, etc. The recorder shall keep the minutes of all meetings of the board of mayor and aldermen and shall preserve the original copy of all ordinances in a separate ordinance book. (1983 Code, § 1-302) 1-303. To perform general administrative duties, etc. The recorder shall perform all administrative duties for the board of mayor and aldermen and for the city which are not assigned by the charter, this code, or the board of mayor and aldermen 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 city shall provide. (1983 Code, § 1-303) 1Charter references City recorder: § 6-4-201, et seq. Recorder as treasurer: § 6-4-401(c). 1-6 CHAPTER 4 CODE OF ETHICS1 SECTION 1-401. Applicability. 1-402. Definition of "personal interest." 1-403. Disclosure of personal interest by official with vote. 1-404. Disclosure of personal interest in non-voting matters. 1-405. Acceptance of gratuities, etc. 1-406. Use of information. 1-407. Use of municipal time, facilities, etc. 1-408. Use of position or authority. 1-409. Outside employment. 1-410. Ethics complaints. 1-411. Violations. 1State statutes dictate many of the ethics provisions that apply to municipal officials and employees. For provisions relative to the following, see the Tennessee Code Annotated (T.C.A.) sections indicated: Campaign finance: Tennessee Code Annotated, title 2, ch. 10. Conflict of interests: Tennessee Code Annotated, §§ 6-54-107, 108; 12-4-101, 102. Conflict of interests disclosure statements: Tennessee Code Annotated, § 8-50-501 and the following sections. Consulting fee prohibition for elected municipal officials: Tennessee Code Annotated, §§ 2-10-122, 124. Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office): Tennessee Code Annotated, § 39-16-101 and the following sections. Crimes of official misconduct, official oppression, misuse of official information: Tennessee Code Annotated, § 39-16-401 and the following sections. Ouster law: Tennessee Code Annotated, § 8-47-101 and the following sections.
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