RESOLUTION NO. RS2006-1649
A resolution requesting the Metropolitan Nashville Police Department to enforce the state and local laws prohibiting soliciting within the roadway.
WHEREAS, certain Members of Council repeatedly receive complaints about persons soliciting contributions within the right of way for various organizations or causes; and
WHEREAS, solicitations within the roadway pose a serious danger to both the solicitors and the motoring public; and
WHEREAS, § 12.52.130. B. of the Metropolitan Code of Laws makes it unlawful to stand on or in proximity to a street or highway for the purpose of soliciting contributions from the occupant of any vehicle; and
WHEREAS, Tennessee Code Annotated § 39-17-307 makes it an offense to obstruct a highway or street unless the solicitation and collection of charitable donations at a highway or street intersection is (1) being undertaken by members of a valid § 501 c. 3 or c.4 organization under the Internal Revenue Code; (2) is undertaken with reasonable precautions to prevent disruption to traffic flow and injury; and (3) the charitable organization has the written approval of the head of the local law enforcement agency; and
WHEREAS, it appears that many individuals and organizations soliciting within the roadway do not meet the criteria under state law to qualify for the affirmative defense to prosecution under state law for obstructing the roadway; and
WHEREAS, in order to protect the health and safety of the residents of the Metropolitan Government, the Police Department should increase its efforts to enforce the laws prohibiting the solicitations within the roadway.
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 Nashville Police Department to enforce the state and local laws prohibiting soliciting within the roadway.
Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Police Chief Ronal Serpas.
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.
by: Sam Coleman
|Referred:||Public Safety Committee|
|Introduced:||November 21, 2006|
|Adopted:||November 21, 2006|
|Returned Unsigned by Mayor:||November 22, 2006|