ADOPTED 12/01/1998

RESOLUTION NO. R98-1356

 A resolution requesting the Davidson County Delegation to the 101st Session of the General Assembly to adopt legislation to amend State law to provide that graffiti visible from public rights-of-way constitutes a public nuisance and to authorize local governments to clean graffiti from private properties that are next to and visible from public rights-of-way.

Whereas, graffiti creates a condition tending to reduce the value of property, promotes blight, and criminal activity and is injurious to the public health, welfare and safety; and

Whereas, the presence of graffiti on property next to and visible from public rights-of-way constitutes a public nuisance and its prompt abatement is necessary to avoid the detrimental impact of such graffiti on the city, to prevent the further spread of graffiti and to protect the health, welfare and safety of the residents of Metropolitan Nashville and Davidson County; and

Whereas, the definition of a public nuisance contained within Tennessee Code Annotated, Section 29-3-101 does not include graffiti and thus, local governments may not take steps to remove or abate such a nuisance; and

Whereas, this legislation would authorize local governments to take steps to remove graffiti from private property next to or visible from public rights-of-way.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Davidson County Delegation to the 101st Session of the General Assembly is hereby requested to amend State law to define graffiti, where it is present next to or visible from public rights-of-way, as a public nuisance and to authorize local governments to take steps to abate such a nuisance.

Section 2. This resolution shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Charles French & Phil Ponder

LEGISLATIVE HISTORY
Referred to:	Rules & Confirmations Committee
Introduced:	December 1, 1998
Adopted:	December 1, 1998
Approved:	December 3, 1998
By: