ORDINANCE NO. BL2009-412

An Ordinance amending Chapter 6.04 of the Metropolitan Code to prohibit the placement and distribution of unauthorized advertisements in publications.

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

Section 1. That Chapter 6.04 of the Metropolitan Code is hereby amended by adding the following new Section 6.04.100:

6.04.100 Unauthorized advertisement and redistribution

A. Except as provided in subsection C. of this section, it shall be unlawful for any person to attach or insert an unauthorized advertisement in a newspaper, whether alone or in concert with another, and redistribute such unauthorized advertisement to the public.

B. As used in this section:

1. "Unauthorized advertisement" means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper without a contractual agreement between the publisher and an advertiser.

2. "Newspaper" includes any newspaper, magazine, periodical, or other tangible publication, whether offered for retail sale or distributed without charge.

C. This section does not apply if the publisher or authorized distributor of the newspaper consents to the attachment or insertion of the advertisement, or if a newspaper distributor is directed to insert an unauthorized advertisement by a person or company supplying the newspapers and is not aware that the advertisement is unauthorized.

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

Sponsored by: Sean McGuire, Walter Hunt

LEGISLATIVE HISTORY
Introduced:	March 3, 2009
Passed First Reading:	March 3, 2009
Referred to:	Codes Committee
Passed Second Reading:	March 17, 2009
Passed Third Reading:	April 7, 2009
Approved:	April 9, 2009
By: