LEGISLATIVE HISTORY
Public Works Committee
ORDINANCE NO. BL2011-962
An ordinance amending Section 6.04.035 of the Metropolitan Code to designate the Department of Public Works as an additional agency for the enforcement of ordinances prohibiting the placement of signs on utility poles, in the public right-of-way, and on public property.
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, Section 6.04.035 of the Metropolitan Code includes a mechanism for enforcing the above ordinances against those persons and businesses responsible for the placement of the illegal signs, and designates the Department of Codes Administration as the enforcement agency; and
WHEREAS, it has been determined that it is in the best interest of the Metropolitan Government that Section 6.04.035 of the Metropolitan Code be amended to add the Department of Public Works as an additional enforcement agency.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 6.04.035 of the Metropolitan Code is hereby amended by deleting subsection A. in its entirety and substituting with the following new subsection A.:
“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 director of the department of codes administration and the director of the department of public works 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 director of the department of codes administration and the director of the department of public works 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 the director of the department of public works, or their designee(s), 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 director of the department of codes administration and the director of the department of public works 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 director of department of codes administration and the director of the department of public works of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1.”
Section 2. Section 6.04.035 of the Metropolitan Code is hereby amended by deleting subsection C. in its entirety and substituting with the following new subsection C.:
“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. Both the department of codes administration and the department of public works shall have the authority to issue a citation for violations 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 that issued the citation 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
| LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | July 19, 2011 |
| Passed First Reading: | July 19, 2011 |
| Referred to: | Codes Committee Public Works Committee |
| Passed Second Reading: | August 2, 2011 |
| Passed Third Reading: | August 16, 2011 |
| Approved: | August 19, 2011 |
| By: | |