An ordinance amending Chapter 11.26 of the Metropolitan Code of Laws to make it unlawful to sell graffiti implements to persons under the age of eighteen years.

WHEREAS, the Metropolitan Council recognizes that graffiti on public and private buildings and structures creates an aesthetically unpleasing environment and contributes to the degradation of a community; and

WHEREAS, there are certain areas within Nashville and Davidson County that are prone to graffiti, which affects the quality of life of the citizens and creates an unsightly atmosphere to live and work; and

WHEREAS, the application of graffiti within the area of the Metropolitan Government is frequently performed by persons under the age of eighteen; and

WHEREAS, §2.01 of the Metropolitan Charter provides in part that the Metropolitan Government shall have the power to “pass all ordinances necessary for the health, convenience, safety and general welfare of the inhabitants”; and

WHEREAS, in order to reduce the amount of graffiti within the area of Nashville and Davidson County, the Metropolitan Council has determined that it is necessary for the health, convenience, safety and general welfare of the inhabitants of the Metropolitan Government that the sale of graffiti implements to minors be prohibited.

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

Section 1. That Chapter 11.26 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Section 11.26.045:

“11.26.045 Sale of graffiti implements to minors prohibited.

No person or firm shall sell or cause to be sold to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years shall buy any graffiti implement as defined in Section 11.26.010. Evidence that a person, or his/her employee or agent demanded and was shown bona fide evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any violation of this section. For purposes of this section, “bona fide evidence of majority” means a document issued by a federal, state, county, or municipal government or agency thereof, including but not limited to, a motor vehicle operator's license, or registration certificate issued under the Federal Selective Service Act, a passport, or an identification card issued to a member of the armed forces which identifies an individual and provides proof of the age of such individual.”

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

Sponsored by: Amanda McClendon, Ginger Hausser, Mike Jameson, Rip Ryman, Vivian Wilhoite

LEGISLATIVE HISTORY
Introduced:	June 1, 2004
Passed First Reading:	June 1, 2004
Referred to:	Public Safety Committee
Passed Second Reading:	June 15, 2004
Deferred to July 20, 2004:	June 24, 2004
Deferred Indefinitely:	July 20, 2004
Deferred:	March 15, 2005
Deferred to May 17, 2005:	April 5, 2005
Deferred:	May 17, 2005
Passed Third Reading:	June 7, 2005
Approved:	June 9, 2005
By: