RESOLUTION NO. RS2003-65


A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation, to the extent Constitutionally permissible, to allow local law enforcement agencies to seize vehicles used for illegal dumping.


WHEREAS, Tennessee Code Annotated §39-14-502 provides that the act of knowingly placing litter on public or private property without permission is a crime; and

WHEREAS, Criminal Littering is designated as a Class B misdemeanor punishable by a fine of $200.00 for a first offense, and $500.00 for subsequent offenses plus designated hours of required litter removal; and

WHEREAS, Tennessee statutory law provides for various seizures and forfeitures of property used in certain criminal activity; and

WHEREAS, the quality of life of the citizens of Nashville and Davidson County is adversely affected by the unsightly results of illegal dumping; and

WHEREAS, laws enabling law enforcement officers to seize vehicles used in illegal dumping would likely serve as an effective deterrent for this activity.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation, to the extent Constitutionally permissible, to allow local law enforcement agencies to seize vehicles used for illegal dumping.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.


Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY

Referred to: Public Works Committee
Introduced: November 18, 2003
Deferred: November 18, 2003
Adopted: December 2, 2003
Returned Unsigned by Mayor: December 3, 2003