ORDINANCE NO. BL2009-578

An ordinance amending Ordinance No. BL2009-489 and amending Section 13.24.440 of the Metropolitan Code to allow handgun carry permit holders to carry guns in certain Metropolitan Government parks and greenways.

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

WHEREAS, this new state law 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, on August 18, 2009, the Metropolitan Council enacted Ordinance No. BL2009-489 to opt the Metro Parks out of the state law that would have allowed handgun carry permit holders to carry guns in the parks; and

WHEREAS, on October 20, 2009, the Metropolitan Council adopted Resolution No. RS2009-1009 requesting the Director of the Metropolitan Parks and Recreation Department to provide the Council with a list of rural and/or isolated parks and greenways for purposes of a possible exemption from the prohibition on carrying handguns; and

WHEREAS, Mr. Roy Wilson, Director of the Parks and Recreation Department, submitted a response to the Council dated November 4, 2009, listing nine parks the Department considers to be rural and/or isolated; and

WHEREAS, the Metropolitan Council desires to exempt these nine park areas from the prohibition on carrying handguns in parks so that lawful handgun carry permit holders will have the protection they need.

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

Section 1. That Ordinance No. BL2009-489 is hereby amended by deleting the provisions of Section 1 and substituting the following new provisions:

“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 park property that is owned or operated by the Metropolitan Government except as provided below. Persons authorized to carry a handgun pursuant to Tennessee Code Annotated § 39-17-1351 shall be allowed to possess a handgun while within or on the following park property:

1. Alvin Beaman Park (park and greenway)
4111 Little Marrowbone Road
1,596 acres

2. Bells Bend Park (park and greenway)
4107 Old Hickory Boulevard
808 acres

3. Cane Ridge Park
419 Battle Road
280 acres

4. Couch Tract (to be a park and greenway)
13591 Old Hickory Boulevard
40 acres

5. Cecil Rhea Crawford Park
6043 Cane Ridge Road
7 acres

6. Hamilton Creek Park
2901 Bell Road
790 acres

7. Morgan Road Property (former Tennessee Youth Center)
3000 Morgan Road
98 acres

8. Peeler Park (park and greenway)
2043 Neelys Bend Road
662 acres

9. Vulcano Tract (to be park and greenway)
6006 Culbertson Road
70 acres”

Section 2. That Ordinance No. BL2009-489 is hereby amended by deleting the provisions of Section 1 and substituting with the following new provisions:

“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, provided that no such signs prohibiting handguns shall be posted within the park areas exempted from the handgun prohibition pursuant to this ordinance, as amended, and Section 13.24.440 of the Metropolitan Code.”

Section 3. That Section 13.24.440 of the Metropolitan Code is hereby amended by adding the following new subsection C.:

“C. Notwithstanding the foregoing provisions of this section to the contrary, Persons authorized to carry a handgun pursuant to Tennessee Code Annotated § 39-17-1351 shall be allowed to possess a handgun while within or on the following park property:
1. Alvin Beaman Park and Greenway – 4111 Little Marrowbone Road
2. Bells Bend Park and Greenway – 4107 Old Hickory Boulevard
3. Cane Ridge Park – 419 Battle Road
4. Couch Tract – 13591 Old Hickory Boulevard
5. Cecil Rhea Crawford Park – 6043 Cane Ridge Road
6. Hamilton Creek Park – 2901 Bell Road
7. Morgan Road Property (former Tennessee Youth Center) – 3000 Morgan Road
8. Peeler Park and Greenway – 2043 Neelys Bend Road
9. Vulcano Tract – 6006 Culbertson Road”

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: Sam Coleman, Robert Duvall

Amendment No. 1
To
Ordinance No. BL2009-578

Passed

Madam President:

I move to amend Ordinance No. 2009-578 as follows:

1. By amending Section 1 by deleting the following property from the list of parks in which handgun carry permit holders would be permitted to possess handguns:

Hamilton Creek Park
2901 Bell Road
790 acres

2. By amending Section 2 by deleting the phrase, “Hamilton Creek Park – 2901 Bell Road”.

Sponsored by: Sam Coleman

Amendment No. 2
To
Ordinance No. BL2009-578

Failed

Madam President:

I move to amend Ordinance No. 2009-578 by adding the following provision at the end of Section 1:

“Notwithstanding the foregoing, whenever any of the above park properties are actually being used by any public or private school for school purposes, it shall be the duty of the Department of Parks and Recreation to post appropriate signage stating that the park area/facility is being used for school purposes and that the carrying of firearms is prohibited pursuant to Tennessee Code Annotated § 39-17-1309.”

Sponsored by: Sam Coleman

Amendment No. 3
To
Ordinance No. BL2009-578

Passed

Madam President:

I move to amend Ordinance No. 2009-578 as follows:

1. By amending Section 1 by deleting the following properties from the list of parks in which handgun carry permit holders would be permitted to possess handguns:

Alvin Beaman Park (park and greenway)
4111 Little Marrowbone Road
1,596 acres

Bells Bend Park (park and greenway)
4107 Old Hickory Boulevard
808 acres

Morgan Road Property (former Tennessee Youth Center)
3000 Morgan Road
98 acres

2. By amending Section 2 by deleting the following park properties:

Alvin Beaman Park and Greenway – 4111 Little Marrowbone Road
Bells Bend Park and Greenway – 4107 Old Hickory Boulevard
Morgan Road Property (former Tennessee Youth Center) – 3000 Morgan Road

Sponsored by: Lonnell Matthews