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An ordinance amending Section 13.08.050 of the Metropolitan Code of Laws with respect to planting trees, bushes, hedges, or other landscaping amenities within the right-of-way of any street within the area of the Metropolitan Government.
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WHEREAS, sections 13.08.050(A) and (B) of the Metropolitan Code of Laws prohibit the placement or maintenance of any sign, card, poster, pennant, banner, bush, tree, hedge, or other obstruction on private property (a) within twenty-five feet of any street intersection so as to interfere with traffic visibility, or (b) in such manner as to interfere with traffic visibility of any driver using an authorized driveway or alley; and
WHEREAS, section 13.08.050(C) of the Code prohibits the placement or maintenance of any sign, card, poster, pennant, banner, bush, tree, hedge or other obstruction within the right-of-way of any street within the area of the Metropolitan Government; and
WHEREAS, the broad prohibition within section 13.08.050(C), allowing for no exceptions, would ostensibly prohibit tree-planting programs, landscaping activities, and similar beautification projects regularly undertaken by departments of the Metropolitan Government -- including the Metro Water Services Stormwater Department, the Nashville Department of Transportation, and the Metro Parks Department -- as well as non-profit community organizations and other entities; and
WHEREAS, it is the policy of the Metropolitan Government of Nashville and Davidson County that it and all of its various departments, agencies, boards and commissions should comply with all provisions of the Metropolitan Code, and all ordinances, rules and regulations of the metropolitan government to the same extent that the government requires compliance by non-governmental entities and persons. (See, Metropolitan Code, Sec. 2.206.010); and
WHEREAS, it is evident from other provisions within the Metro Code that Metro departments, as well as non-profit community organizations a...
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