ORDINANCE NO. BL2014-698

An Ordinance amending Section 11.32.010 of the Metropolitan Code pertaining to the enforcement mechanism associated with the discontinuance of the delivery of nonsubscription published material.

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

Section 1. That Section 11.32.010 of the Metropolitan Code is hereby amended by re-lettering the existing subsection B. as subsection C., and by adding the following new subsection B.:

“B. Upon presenting evidence to the department of codes administration that an occupant has requested, by certified mail, that the publisher/distributor of a nonsubscription newspaper, handbill, or similar material stop delivery of such material to the premises, and that the distributor has continued to deliver such material after ten days from the date the request to stop delivery was received, the department of codes administration shall send a written notice of violation by certified mail to the publisher/distributor advising that the delivery of such material to the premises is a violation of this section and directing the publisher/distributor to cease delivery to the premises. If delivery of such material continues after the publisher/distributor has received the notice of violation, the department of codes administration shall initiate judicial action seeking injunctive relief against the publisher/distributor, as well as monetary penalties in accordance with this section.”

Section 2. 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: Phil Claiborne

Amendment No. 1
To
Ordinance No. BL2014-698

Madam President:

I move to amend Ordinance No. BL2014-698 by deleting Section 1 in its entirety and substituting with the following new Section 1:

Section 1. That Chapter 11.32 of the Metropolitan Code is hereby amended by deleting Section 11.32.010 in its entirety and substituting with the following new Section 11.32.010:

11.32.10 Nonsubscription newspapers—Discontinuance of delivery required when.

A. Any distributor of nonsubscription newspapers, handbills, or similar materials, regardless of content, that are periodically delivered by depositing the newspapers, handbills, or similar materials upon the property of another, within the area of the metropolitan government, and that are not delivered by the United States Postal Service, shall stop such delivery within ten days after receiving written notice, sent by certified mail, from an occupant of the premises to which delivery is being made requesting that delivery be stopped. For the purposes of this section, periodic delivery shall mean delivery two or more times a month for two or more consecutive months.
B. Upon presenting evidence to the department of codes administration in the form of a sworn affidavit that an occupant has requested, by certified mail, that the publisher/distributor of a nonsubscription newspaper, handbill, or similar material stop delivery of such material to the premises, and that the distributor has continued to deliver such material after ten days from the date the request to stop delivery was received, the department of codes administration shall send a written notice of violation by certified mail to the publisher/distributor advising that the delivery of such material to the premises is a violation of this section and directing the publisher/distributor to cease delivery to the premises. If delivery of such material continues after the publisher/distributor has received the notice of violation, the department of codes administration shall initiate judicial action seeking injunctive relief against the publisher/distributor, as well as monetary penalties in accordance with this section.
C. The sworn affidavit required by subsection B. of this ordinance shall be on a form developed by the department of law for use by the department of codes administration, and shall include the following information:
1. The name and contact information for the occupant;
2. Adequate identification of the unwanted, nonsubscription material that was delivered;
3. Adequate identification of the publisher/distributor of the material;
4. The address (premises) to which the material was delivered;
5. The date that written notice was issued to the publisher/distributor to stop delivery;
6. A copy of the written notice sent by certified mail and a copy of the return receipt card;
7. A statement that the publisher/distributor has continued to deliver said material to said address after 10 days from publisher/distributor’s receipt of said notice;
8. The dates on which the publisher/distributor continued to make delivery of the unwanted, nonsubscription material; and
9. An agreement that the occupant is willing to appear to provide first-hand evidence and provide testimony in any subsequent judicial proceeding that the department of codes administration may initiate against the publisher/distributor for violation of this section.
D. Any person, partnership or corporation who is found to have violated this section shall be fined fifty dollars. Each delivery in violation of this section shall be considered a separate offense.

Sponsored by: Phil Claiborne