WHEREAS, certain parts of Davidson County, especially in the downtown Nashville area, are experiencing a proliferation of newspaper racks within the public right-of-way that offer a variety of free periodicals and advertisements; and

WHEREAS, these unsightly newspaper racks detract from the appearance of Nashville's sidewalks and thoroughfares, obstruct pedestrian traffic flow, and impede ingress and egress to adjacent businesses; and

WHEREAS, in addition to the newspaper racks cluttering the right-of-way, the free written materials offered are frequently discarded on the ground resulting in an unseemly collection of debris; and

WHEREAS, §13.08.040 of the Metropolitan Code of Laws makes it unlawful for any person to obstruct any public way, unless such person falls within one of the enumerated exceptions; and

WHEREAS, an exception from the provisions of §13.08.040 exists for vendors exclusively engaged in the sale of newspapers, magazines, periodicals, and other written materials, no such exception exists for newspaper racks dispensing free written materials; and

WHEREAS, it is fitting and proper that the Metropolitan Government enforce the provisions of §13.08.040 in an effort to make the city more aesthetically pleasing and pedestrian friendly.

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 Metropolitan Police Department and the Metropolitan Department of Public Works to enforce the Metropolitan Code of Laws provisions prohibiting newspaper boxes and racks offering free written materials from being located within the public right-of-way.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution by U.S. mail, interdepartmental mail, or electronic mail to Chief of Police Ronal Serpas and to Billy Lynch, the Director of the Department of Public Works.

Section 3. 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: Mike Jameson, Michael Craddock