LEGISLATIVE HISTORY
Public Works Committee
ORDINANCE NO. BL2009-433
An ordinance amending Chapter 6.04 of the Metropolitan Code pertaining to the placement of signs in the public right-of-way and on public property, and providing additional enforcement provisions.
WHEREAS, Section 6.04.010 of the Metropolitan Code prohibits the placement of signs and other advertising materials on any post or pole within the jurisdiction of the Metropolitan Government, including light and telephone poles; and
WHEREAS, Section 6.04.020 of the Metropolitan Code prohibits the placement of advertisements within the public right-of-way; and
WHEREAS, enforcement of these existing provisions is made difficult since the person that actually places the illegal sign is often just an employee or contractor of the business or organization that is being advertised; and
WHEREAS, it is in the interest of the public welfare and safety that additional enforcement measures be enacted to help eliminate the visual clutter caused by the placement of illegal signs within the public right-of-way.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Chapter 6.04 of the Metropolitan Code shall be amended by deleting Section 6.04.020 in its entirety and substituting in lieu thereof the following new Section 6.04.020:
6.04.020 Prohibited within the public right-of-way and on public property.
A. It is unlawful for any person to attach, place, paint, or affix any sign or advertisement, whether permanent or temporary, within any public right-of-way within the jurisdiction of the metropolitan government.
B. It is unlawful for any person to attach, place, paint, or affix any sign or advertisement, whether permanent or temporary, on any metropolitan government property without the express permission of the metropolitan government.
Section 2. Chapter 6.04 of the Metropolitan Code shall be amended by adding the following new Section 6.04.035:
6.04.035 Enforcement.
A. Responsible person. The person responsible for any signs or advertisements in violation of Sections 6.04.010 and 6.04.020 is defined as follows:
1. In the case of a sign or advertisement advertising a service, product, dwelling, or event: the person, business, company, or other entity hosting or organizing the event advertised or selling the services, dwellings, products, or events advertised, or the person, business, company or other entity responsible for attaching, placing, painting, writing, stamping or pasting any sign or advertisement, shall be deemed the responsible person. That is, unless such person, business, company, or other entity notifies the department of codes administration of another person, business, company, or other entity who is responsible. In such case, the person shall provide the name, address, and signed consent of such other responsible person, business, company, or other entity within seven calendar days after a citation is issued.
2. In the case of a campaign sign for political office, the individual whose candidacy the sign supports shall be deemed the responsible person for posting campaign signs, unless he or she notifies the department of codes administration of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1 of this section. The director of the department of codes administration or his designee may determine that the responsible person under this section is a committee or group supporting the individual candidate and affiliated with the individual candidate.
3. In the case of a campaign sign regarding a ballot measure, the president or chief officer of the committee or group supporting or opposing such ballot measure shall be deemed the person responsible for posting campaign signs, unless he or she first notifies the department of codes administration of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1 of this section.
4. In the case of any other sign or advertisement not described in subsections A.1 through A.3 of this section, the responsible person shall be deemed to be the person, business, company, or other entity who is named on the sign or advertisement, or whose phone number, web site address, physical address, or electronic mail ("e-mail") address appears on the sign or advertisement, unless such person, business, company, or other entity notifies the department of codes administration of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1.
B. Removal of signs. In addition to the enforcement described above, the metropolitan department of public works and department of water and sewerage services personnel shall have the authority to summarily remove any notice, sign, or written material found in violation of this section. Further, it is not a violation of this section for any person to remove an illegally placed sign, advertisement or other written material which is in violation of this chapter.
C. Penalty. Violation of this chapter shall subject the responsible person who placed or caused to be placed the sign(s), advertisement(s) or other written material to a civil penalty of fifty dollars ($50.00) per sign, advertisement or other written material placed in violation of this chapter. If a violator has removed the sign, handbill, advertisement or other matter within seven days of receipt of a citation, then the department of codes administration shall have the authority to declare the citation null and void and shall notify the court to that effect, if applicable. Each and every violation shall constitute a separate and distinct offense.
Section 3. 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: Charlie Tygard, Jim Forkum, Michael Craddock, Robert Duvall, Randy Foster, Phil Claiborne, Jim Gotto, Sandra Moore, Duane Dominy
Amendment No. 1
To
Ordinance No. BL2009-433
Madam President:
I move to amend Ordinance No. BL2009-433 by amending Section 2 by adding the following new subsection D to Section 6.04.035:
“D. Nothing in this Section is intended to hold a person/company engaged in the business of sign printing or sign making responsible for signs printed or made for their customers, unless the sign company causes the sign(s) to be illegally placed within the public right-of-way.”
Sponsored by: Randy Foster
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | April 21, 2009 |
| Passed First Reading: | April 21, 2009 |
| Referred to: | Codes Committee Public Works Committee |
| Amended: | May 19, 2009 |
| Passed Second Reading: | May 19, 2009 |
| Passed Third Reading: | June 2, 2009 |
| Approved: | June 9, 2009 |
| By: | |