ORDINANCE NO. BL2009-489

An ordinance prohibiting handguns within Metropolitan Government parks, and amending Section 13.24.440 of the Metropolitan Code pertaining to the prohibition against firearms within parks.

WHEREAS, the Tennessee General Assembly recently enacted House Bill 716 to allow persons with a valid handgun carry permit to possess a handgun in any state or local park; and

WHEREAS, House Bill 716, as amended, allows local governments, upon the approval of the local legislative body, to prohibit such persons from possessing a handgun in any county or municipality-owned park; and

WHEREAS, Section 13.24.440 of the Metropolitan Code currently prohibits firearms within any Metropolitan Government park; and

WHEREAS, in light of this new state law, the Metropolitan Council deems it necessary to “readopt” its prohibition of firearms within Metropolitan Government parks.

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

Section 1. In accordance with Tennessee Code Annotated § 39-17-1311, the Metropolitan County Council hereby prohibits persons authorized to carry a handgun pursuant to Tennessee Code Annotated § 39-17-1351 from possessing such handgun while within or on a park that is owned or operated by the Metropolitan Government.

Section 2. That Section 13.24.440 of the Metropolitan Code is hereby amended by designating the existing provisions as subsection A., and by adding the following provision as subsection B.:

“B. The prohibition against firearms in subsection A. of this section shall operate as a prohibition against the possession of a handgun by a person authorized to carry a handgun pursuant to Tennessee Code Annotated § 39-17-1351 within any park owned or operated by the Metropolitan Government.”

Section 3. Pursuant to Tennessee Code Annotated § 39-17-1311, the Director of the Department of Parks and Recreation or his designee is directed to post signs in prominent locations within Metropolitan Government parks giving notice that the possession of handguns is prohibited.

Section 4. That 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: Jerry Maynard, Megan Barry, Darren Jernigan

LEGISLATIVE HISTORY

Introduced: June 16, 2009
Passed First Reading: June 16, 2009 - Roll Call Vote
Deferred: July 21, 2009
Referred to: Public Safety Committee
Parks Committee
Passed Second Reading: August 6, 2009 - Roll Call Vote
Passed Third Reading: August 18, 2009 - Roll Call Vote
Approved: August 24, 2009
By: