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An ordinance to amend Chapter 12.16 of the Metropolitan Code of Laws relative to drag racing.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 12.16 of the Metropolitan Code of Laws is hereby amended by adding the following as a new Section 12.16.240:
12.16.240 - Drag racing prohibited, penalties.
A. Drag racing is prohibited in Nashville and Davidson County. For the purposes of this section, “drag racing” has the same meaning as defined in Tennessee Code Annotated § 55-10-501.
B. An individual found to have engaged in drag racing is subject to the following penalties:
1. A fine of $50 per occurrence of drag racing; and
2. Impoundment of the vehicle used by the individual to engage in drag racing for a period of 30 days. For an individual’s first offense, if the vehicle used to engage in drag racing is not owned by the individual, the vehicle will not be subject to impoundment, but the vehicle would subject to impoundment for any subsequent offense.
Section 2. This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance would amend Chapter 12.16 of the Metropolitan Code of Laws to include a prohibition of drag racing and penalties related to drag racing.
Chapter 12.16 of the Metropolitan Code of Laws is entitled “Rules of the Road.” This proposed ordinance would add a new section that would prohibit drag racing, as defined in Tennessee Code Annotated § 55-10-501. An individual who is found to have engaged in drag racing would be subject to a fine of $50 per occurrence of drag racing and the impoundment of the vehicle used by the individual to engage in drag racing for a period of 30 days. The ordinance would also provide that if the vehicle used for drag racing is not owned by the individual, the vehicle will not be subject to impoundment on the individual’s first offense. However, the vehicle would subject to impoundment for any subsequent offense.
Existing state law preempts this ordinance, and the ordinance would be void and unenforceable if enacted. Tennessee Code Annotated § 7-3-312 provides that certain offenses are state offenses and “[a]ny ordinance presently enacted to regulate any of the enumerated offenses or to be later enacted is hereby declared to be void and of no effect.” The list of offenses includes drag racing, as defined by Tenn. Code Ann. § 55-10-501.