ORDINANCE NO. BL2003-1475


An Ordinance amending Section 12.52.130 of the Metropolitan Code of Laws to permit tax exempt charitable organizations to solicit and collect charitable contributions in the roadway.


WHEREAS, the Metropolitan Code currently prohibits the solicitation or collection of charitable contributions in the roadway; and

WHEREAS, Tennessee Code Annotated Section 39-17-307 provides an affirmative defense to prosecution for obstructing a highway for the solicitation and collection of charitable donations by a charitable organization that has received a determination of exemption from the Internal Revenue Service under 26 U.S.C. §501(c)(3) or (4).

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That section 12.52.130(B) of the Metropolitan Code of Laws shall be and the same hereby amended by adding the following provision at the end of subsection B.:

“ Notwithstanding the foregoing provision to the contrary, the solicitation and contribution shall be permitted if the following conditions are met:

  1. Written approval from the Chief of Police or designee;
  2. Solicitations be made during daylight hours only;
  3. Solicitation or collection of charitable donations be conducted while taking prudent and reasonable precautions to prevent traffic disruption; and
  4. Solicitation or collection of charitable donations at a highway or street intersection are undertaken by members of an organization, which has received a determination of exemption from the internal revenue service under 26 U.S.C. 501(c)(3) or (4).

Section 2. This ordinance shall take effect from and after passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.


Sponsored by: Ron Nollner

LEGISLATIVE HISTORY

Introduced: June 3, 2003
Passed First Reading: June 3, 2003
Referred to: Public Safety Committee
Deferred: June 17, 2003
Deferred: July 15, 2003
Deferred Indefinitely: August 5, 2003
Withdrawn: August 19, 2003