SUBSTITUTE ORDINANCE NO. BL2013-543

An Ordinance amending Section 13.24.390 of the Metropolitan Code pertaining to sponsorships on park property, and authorizing the acceptance and deposit of sponsorship funds.

WHEREAS, Section 13.24.390 of the Metropolitan Code prohibits all advertising within Metro parks; and

WHEREAS, financial and in-kind support of Metro parks is needed to offset an increased demand for park services, an ongoing increase in the amount of property and number of facilities to be maintained by the Parks Department, and increased operating costs; and

WHEREAS, the Metro Parks Master Plan contemplates the use of nonprofit organizations, joint venture partners, and corporate sponsors to support the financial needs of park facilities without relying solely upon public funds; and

WHEREAS, it is in the best interest of the residents and taxpayers of Metropolitan Nashville and Davidson County that the Parks Board be allowed to pursue sponsorships and enter into sponsorship agreements.

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

Section 1. That Chapter 13.24 of the Metropolitan Code is hereby amended by deleting Section 13.24.390 in its entirety and substituting with the following:

13.24.390 – Advertising and sponsorship on park property.
A. Except as provided in subsection B. of this section, no person shall distribute, display, transport, carry or construct any flag, banner, sign, emblem, model, device, pictorial representation or other matter within any park for advertising purposes. Nor, for the same purpose, shall any person display, by means of aircraft, kite, balloon, aerial bomb or any other device, any flag, banner, sign or any other matter above the surface of any park for advertising purposes within the park. No person shall operate any musical instrument or drum or cause any noise to be made within any park for advertising purposes or for the purpose of attracting attention to any exhibition, performance, show or other spectacle. Nothing herein shall be construed as to prohibit any gathering or function of a political or of a religious nature.
B. The board is authorized to adopt rules and regulations to provide for sponsorships of park programs, events, projects, facilities, and sites. Such rules and regulations shall include, but not be limited to: the types of facilities, projects, events, and programs that may be sponsored; the size, number, and placement of sponsor signs; the use of logos; and the types of industries and products that are not eligible for sponsorship. The board shall have the authority to enter into sponsorship agreements with a total value not to exceed $25,000. All sponsorship agreements with a total value in excess of $25,000 must be approved by a resolution adopted by the metropolitan council.

Section 2. That the Director of the Department of Parks and Recreation is authorized to execute sponsorship agreements and accept sponsorship funds in accordance with the Rules and Regulations adopted by the Board of Parks and Recreation pursuant to Section 13.24.390 of the Metropolitan Code. Any funds received pursuant to such agreements shall be deposited into the appropriate fund as determined by the Director of Finance or the Director’s designee.

Section 3. 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: Charlie Tygard, Scott Davis

LEGISLATIVE HISTORY
Introduced:	September 10, 2013
Substitute Introduced:	September 10, 2013
Passed First Reading:	September 10, 2013
Referred to:	Budget & Finance Committee Parks Committee
Passed Second Reading:	September 17, 2013
Passed Third Reading:	October 1, 2013 - Roll Call Vote
Approved:	October 2, 2013
By: