ORDINANCE NO. BL2012-261

An Ordinance to delete and/or amend various sections in Titles 1, 2, 3, 6, 10, 11, 12, 13, and 16 of the Metropolitan Code in order to remove and modify certain outdated Code provisions that are no longer enforced or otherwise no longer appropriate.

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

Section 1. That Section 1.16.010 of the Metropolitan Code, Consolidation of Metropolitan and Urban Jails and Workhouses, is hereby amended by deleting the second sentence in its entirety.

Section 2. That Section 1.16.030 of the Metropolitan Code, Personnel Needs and Appropriations, is hereby deleted in its entirety.

Section 3. That Section 1.16.040 of the Metropolitan Code, Prisoner Incarceration Procedures-Disposition of Prisoner Property, is amended by deleting the first sentence in its entirety and replacing it with the following two new sentences:

“When a prisoner is to be incarcerated in the metropolitan jail, he shall be booked and fingerprinted in accordance with the procedures and in the manner prescribed by law. The police department may retain in its custody such property taken from the prisoner as may be required for evidence to support the charge placed against the prisoner, or such other property concerning which there are reasonable grounds to believe possession by the prisoner is unlawful.”

Section 4. That Section 1.16.060 of the Metropolitan Code, Refusal of Prisoners to Work, is hereby deleted in its entirety.

Section 5. That Section 1.16.070 of the Metropolitan Code, Escapes by Prisoners, is hereby amended by adding the phrase “or a felony” at the end of the section.

Section 6. That Article II of Chapter 2.44 of the Metropolitan Code, School Mothers’ Patrol Division, is hereby amended as follows:

1. By deleting the phrase “School Mothers’ Patrol Division” each time it appears and replacing it with “School Crossing Guard Division”.
2. By deleting the phrase “School Mothers’ Patrol” each time it appears and replacing it with “School Crossing Guard Division”.
3. By deleting the provisions of Section 2.44.150 in their entirety and substituting with the following new provisions:

“2.44.150 Qualifications for employment.

Persons employed by the school crossing guard division shall:
1. Be over the age of twenty-one (21) at the time of employment;
2. Present a valid Tennessee driver’s license or other picture identification and a Social Security card;
3. Pass a pre-employment drug screen test and criminal background check;
4. Submit three (3) character references with his/her employment application evidencing the applicant’s good moral character; and
5. Meet any other requirement or qualification for the position established by the chief of police.”

Section 7. That Section 3.08.010 of the Metropolitan Code, General Definitions, is hereby amended by deleting the phrase “school mother’s patrol” wherein it appears within the definition of “Service of a Member” and replacing it with ”school crossing guards”.

Section 8. That Chapter 6.40 of the Metropolitan Code, Motion Picture Projectionists, is hereby deleted in its entirety.

Section 9. That Chapter 6.16 of the Metropolitan Code, Self-Service Dry Cleaning, is hereby deleted in its entirety.

Section 10. That Chapter 6.56 of the Metropolitan Code, Poolrooms and Billiard Parlors, requiring all poolrooms and billiard parlors to close at twelve midnight is hereby deleted in its entirety.

Section 11. That Chapter 6.64 of the Metropolitan Code is hereby amended by deleting Article II, Charitable Solicitations, in its entirety.

Section 12. That Chapter 10.76 of the Metropolitan Code, Nursing, Convalescent and Old Age Homes, is hereby deleted in its entirety.

Section 13. That Section 11.16.080 of the Metropolitan Code, Spitting in Public Conveyances, is hereby amended by deleting subsection B. in its entirety to eliminate the requirement that signs be conspicuously displayed in public conveyances stating that it is a violation of law and decency to spit in a conveyance.

Section 14. That Section 11.24.090 of the Metropolitan Code, Throwing Stones, is hereby deleted in its entirety.

Section 15. That Section 12.04.390 of the Metropolitan Code, Trackless Trolley Coach, is hereby deleted in its entirety.

Section 16. That Section 13.24.100 of the Metropolitan Code, Bathing and Swimming, is amended by deleting the second sentence in its entirety and replacing it with the following:

“No person shall bathe, wade or swim, or appear in any such area unless covered with a bathing suit which must be kept in place at all times, and appropriate public park attire must be worn outside of such areas.”

Section 17. That Sections 13.32.050, 13.32.060, and 13.32.070 of the Metropolitan Code, Flagpole Socket Regulations, Flagpole Socket Contract, and Use of Flags, Poles and Fixtures are hereby deleted in their entirety.

Section 18. That Section 13.32.130 of the Metropolitan Code, Dragging Timber Prohibited, is hereby deleted in its entirety.

Section 19. That Chapter 13.36 of the Metropolitan Code, Curb Markets, pertaining to the former Curb Market is hereby deleted in its entirety.

Section 20. That Section 16.04.150 of the Metropolitan Code, Work on Sunday-Special Permit Required, is amended by deleting the first sentence in its entirety and replacing it with the following:

“No contractor, builder, workman, laborer, or person other than a homeowner/resident working on his or her own residence shall do or perform any work or labor on any building or structure or part thereof between the hours of twelve midnight Saturday night and twelve midnight Sunday night, except by special permission of the director of codes administration.”

Section 21. 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: Emily Evans, Sheri Weiner, Erica Gilmore

LEGISLATIVE HISTORY
Introduced:	September 18, 2012
Passed First Reading:	September 18, 2012
Referred to:	Rules Committee
Passed Second Reading:	October 2, 2012
Passed Third Reading:	October 16, 2012
Approved:	October 17, 2012
By: