ORDINANCE NO. BL2014-922

An Ordinance amending Chapter 10.24 of the Metropolitan Code designating unsolicited non-biodegradable promotional materials as litter, prohibiting the throwing of such materials from a vehicle, and prohibiting the distribution of such materials on private residential property without the permission of the owner or resident.

WHEREAS, non-biodegradable promotional materials left in the public right-of-way and on private property detracts from the aesthetic beauty of the community and results in increased costs to the Metropolitan Government for the cleanup and disposal of such materials; and

WHEREAS, the Metropolitan Government has a legitimate governmental interest in reducing the amount of non-biodegradable material thrown in the right-of-way and on private property.

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

Section 1. Section 10.24.010 of the Metropolitan Code is hereby amended by adding the following provision at the end of the definition of “litter”:

“Litter” also means unsolicited non-biodegradable promotional materials, including but not limited to, plastic cups, bottles, and other similar containers.

Section 2. Section 10.24.080 of the Metropolitan Code is hereby amended by designating the existing provisions as subsection A. and by adding the following provision as subsection B.:

“B. No person shall throw or deposit non-biodegradable promotional materials on any residential property within the area of the metropolitan government without the permission of the property owner or lawful resident.”

Section 3. Section 10.24.150 of the Metropolitan Code is hereby amended by designating the existing provisions as subsection A. and by adding the following provision as subsection B.:

“B. No person, while a driver or passenger in a vehicle, shall throw or deposit non-biodegradable promotional materials upon any street or other public place within the area of the metropolitan government, or upon private property. The driver of a vehicle from which such promotional materials is thrown shall be deemed prima facie liable for any such materials thrown from the vehicle.”

Section 4. Nothing in this Ordinance shall be interpreted as restricting the distribution of materials protected by the First Amendment to the United States Constitution or by Article I, § 19 of the Tennessee Constitution.

Section 5. This Ordinance shall take effect from and after its enactment, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sheri Weiner, Phil Claiborne, Fabian Bedne, Bruce Stanley, Emily Evans, Frank Harrison, Larry Hagar, Jacobia Dowell, Erica Gilmore

LEGISLATIVE HISTORY
Introduced:	October 21, 2014
Passed First Reading:	October 21, 2014
Referred to:	Codes Committee
Passed Second Reading:	November 4, 2014
Passed Third Reading:	November 18, 2014
Approved:	November 19, 2014
By: