OFFICIAL CODE OF THE CITY OF CLARKSVILLE

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Published in 1986 by Order of the City Council

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Originally prepared by the
Municipal Technical Advisory Service
Institute for Public Service
The University of Tennessee
in co-operation with the
Tennessee Municipal League
May, 1985

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Republished and Supplemented by:

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CURRENT OFFICIALS OF THE
CITY OF CLARKSVILLE, TENNESSEE

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Mayor
Joe Pitts

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City Council

David D. Allen
Jeff Burkhart
Tim Chandler
Rob Erb
Richard Garrett
Valerie Guzman
Jeff Henley
Travis Holleman
Bill Powers
Vondell Richmond
Wanda Smith
Stacey Streetman

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City Attorney
   Lance Baker

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City Clerk
   Sylvia Skinner

____________ Director of Finance
   Laurie Matta

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City Judge
   Charles Smith

PREFACE

The original publication of this Code was the result of a comprehensive recodification and revision of the ordinances of the City of Clarksville, Tennessee. By referring to the historical citation appearing at the end of each section, the user will be able to ascertain the ordinance or previous Code section from which the particular section has been derived. The absence of a historical citation means that the section was added when the Code was prepared. The word "modified" in the historical citation indicates substantial modification of the original ordinance or Code section.

The attention of the user is directed to the arrangement of the Code 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 number is the title number followed by a hyphen, then the chapter number, with the last two (2) numbers showing the section number within the chapter. For example, title 10, chapter 2, section 6, is designated as section 10-206.

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 readily find all provisions in the Code relating to any question that might arise.

The Code has been arranged and prepared in loose-leaf form to facilitate keeping it up to date.

Dennis W. Huffer
MTAS Intergovernmental Relations Consultant

In 1986 Municipal Code Corporation republished the MTAS-prepared Code, reformatting it from single column word processor style to double column computerized typesetting. At this time a comprehensive index was prepared as well as tables listing the location of ordinances, previous Code sections and state law references.

Rebecca DeNeve
MCC Supplement Editor

ORDINANCE NO. 43-1984-85

An Ordinance Adopting and Enacting a Codification and Revision of the Ordinances of the City of Clarksville, Tennessee.

WHEREAS some of the ordinances of the City of Clarksville 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 Clarksville, 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 "OFFICIAL CODE OF THE CITY OF CLARKSVILLE," now, therefore:

BE IT ORDAINED BY THE CITY OF CLARKSVILLE, 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" 1 to 13, both inclusive, are ordained and adopted as the "Official Code of the City of Clarksville", 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.

Section 3. Ordinances saved from repeal. The repeal provided for in the preceding section 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 contract or obligation assumed by or in favor of said city; any administrative ordinances or resolutions not in conflict or inconsistent with the provisions of such 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, paving, widening, vacating, etc., any street or public way; any 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; 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 and in force on its effective date, said provisions shall be considered to be continuations thereof and not as new enactments.

Section 5. Penalty clause. Wherever in the Municipal Code, 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 where 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 that 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 hard labor, has fully discharged said penalty.

Each day any violation of the Municipal Code continues shall constitute a separate offense.

Section 6. Code as evidence. Any printed copy of the Municipal Code certified under the signature of the city clerk shall be held to be a true and correct copy of such codification and may be read in evidence in any court without further proof of the provisions contained therein.

Section 7. 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 8. 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 and revisions thereto. After adoption of the Municipal Code, each 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 9. 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 10. Code available for public use. A copy of the Municipal Code shall be kept available in the city clerk's office for public use and inspection at all reasonable times.

Section 11. Date of effect. This ordinance shall take effect from and after its final passage and publication, 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 1st reading March 7, 1985.

Passed 2nd reading May 2, 1985.

/s/ ;hg;Ted A. Crozier
Mayor

/s/ Kaye Beasley
City Clerk

Publication date: May 8, 1985