RESOLUTION NO. RS2005-1089

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to substantially increase the mandatory penalties for persons convicted of criminal littering.

WHEREAS, Members of the Metropolitan Council continue to receive numerous complaints from constituents about illegal dumping along the public right-of-way and on private property; and

WHEREAS, the Metropolitan Government has made efforts to reduce criminal littering by installing surveillance cameras in areas with a high frequency of illegal dumping; and

WHEREAS, Tennessee Code Annotated §39-14-502 makes the act of knowingly placing litter on public or private property without permission a criminal offense; and

WHEREAS, in 2005, the Tennessee General Assembly increased the penalty provisions for persons found guilty of criminal littering by increasing the fine from $200 to $500 and increasing the litter removal requirements to a minimum of 40 hours for a first offense, and by increasing the fine from $500 to $1,500 with a minimum 80 hours of litter removal for subsequent offenses; and

WHEREAS, although the actions recently taken by the General Assembly are a step in the right direction, further increasing the fine for criminal littering to $10,000, adding mandatory jail time, and increasing the litter removal requirement to a minimum of 200 hours would serve as a greater deterrent to those who engage in illegal dumping.

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 substantially increase the mandatory penalties for persons convicted of criminal littering.
Section 2. That the Metropolitan Clerk is directed to send a 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: Vivian Wilhoite

LEGISLATIVE HISTORY

Referred: Public Works Committee 
Introduced: December 6, 2005
Adopted: December 6, 2005
Returned Unsigned by Mayor: December 8, 2005