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An ordinance amending Chapters 10.24 and 6.64 of the Metropolitan Code of Laws to restrict the solicitation or distribution of handbills on private property to daylight hours.
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WHEREAS, Metropolitan Code of Laws Chapter 10.24 does not currently address the hours by which handbills may be distributed; and
WHEREAS, Metropolitan Code of Laws Chapter 6.64 limits the hours for commercial solicitation but does not address the hours for non-commercial solicitation; and
WHEREAS, private property owners do not wish to receive solicitors or handbills before dawn or after dusk; and
WHEREAS, Metropolitan Code of Laws Chapter 10.24 contains an exception allowing the distribution of newspapers; and
WHEREAS, this proposal balances the First Amendment rights of solicitors with the privacy, safety, health and welfare of the residents within the area of the metropolitan government.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 10.24.010 of the Metropolitan Code of Laws is amended by deleting the definition of "Newspaper" and replacing it with the following:
"Newspaper" means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold or distributed to the public.
Section 2. That Chapter 10.24 of the Metropolitan Code of Laws is amended by adding a new section 10.24.180, as follows:
10.24.180 - Distribution restricted to daylight hours.
It shall be a violation of this chapter to distribute handbills on private property on any day (a) before sunrise or (b) after sunset or 7:00 p.m., whichever occ...
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