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An ordinance amending Sections 12.48.030 and 12.48.050 of the Metropolitan Code of Laws to grant the director of the Nashville Department of Transportation and Multimodal Infrastructure (NDOT) the authority to set time limits for passenger and freight loading zones.
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WHEREAS, pursuant to Section 8.404 of the Metropolitan Charter, NDOT is responsible for, among other things, design and management of the public rights-of-way and traffic control devices; and,
WHEREAS, pursuant to Section 8.405 of the Metropolitan Charter, the NDOT director has the power to make rules and regulations for the conduct of NDOT’s business that are consistent with the Charter and the Metropolitan Code; and,
WHEREAS, during the past decade, Nashville has been experiencing unprecedented growth that has led to transportation challenges downtown; and,
WHEREAS, to address these transportation challenges, NDOT has been leading a joint project in partnership with WeGo Public Transit, the State of Tennessee Department of Transportation, and the Nashville Downtown Partnership to improve mobility and improve traffic congestion in the downtown core (“Connect Downtown”); and
WHEREAS, as a result of the Connect Downtown project, NDOT and its partners have devised the Connect Downtown Action Plan, which sets forth recommendations for a downtown transportation system that improves safety and accessibility for everyone, balances the needs of all travelers and modes, and reduces congestion; and,
WHEREAS, the Action Plan organizes dozens of project, program, and policy recommendations into five “big moves”, one of which is to “maximize the curb”, or flex the uses of the curb throughout the day for deliveries, service vehicles, and passenger pick-up and drop-off to support local businesses and residents; and,
WHEREAS, RS2024-369 expressed the Metropolitan Council’s endorsement of Connect Downtown; and,
WHEREAS, in order to maximize the curb, NDOT wishes to have the flexibility to determine time limits for passenger and freight loading zones; and,
WHEREAS, as currently written, Sections 12.48.030 and 12.48.050 of the Metropolitan Code do not provide such flexibility; and,
WHEREAS, Section 12.48.025 of the Metropolitan Code requires the NDOT director to submit rules for a curb loading zone management program to the Metropolitan Traffic and Parking Commission for approval; and,
WHEREAS, NDOT presented a draft of this ordinance to the Metropolitan Traffic and Parking Commission during its meeting on August 12, 2024, and the Commission voted to recommend that the Metropolitan Council approve this ordinance; and,
WHEREAS, approval of this amendment is in the best interest of the Metropolitan Government and the citizens of Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 12.48.030 of the Metropolitan Code is amended as follows:
12.48.030 - Standing in passenger curb loading zones.
No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed an amount of time determined by the director of the department of transportation and multimodal infrastructure (NDOT), or his/her designee, to be appropriate based on the director’s, or his/her designee’s, professional traffic engineering judgment and investigation. Any time limits for passenger curb loading zones that are set by the NDOT director, or his/her designee, shall be clearly marked and posted on signs located within said zones.
Section 2. Section 12.48.050 of the Metropolitan Code is amended as follows:
12.48.050 - Freight loading zones-Use restrictions.
No person shall stop, stand or park a vehicle for any purpose or length of time other than for expeditious unloading and delivery or pickup and loading of freight and merchandise marked as a freight loading zone during the hours when the provisions applicable to freight loading zones are in effect. The director of the department of transportation and multimodal infrastructure (NDOT), or his/her designee, may set time limits for loading and unloading in a freight loading zone, based upon professional traffic engineering judgment and investigation. Any time limits for freight loading zones that are set by the NDOT director, or his/her designee, shall be clearly marked and posted on signs located within said zones.
Section 3. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance under consideration amends the Metropolitan Code to authorize the director of the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) to set time limits for passenger and freight loading zones.
Section 12.48.030 of the Metropolitan Code provides that no person may stop, stand, or park a vehicle, other than for the loading and unloading of passengers, in any place marked as a passenger curb loading zone during the hours when the curb loading zone is in effect. Those engaged in loading and unloading of passengers are authorized to stop for a period not to exceed three minutes. The ordinance under consideration would remove the authorization for those engaged in loading and unloading to stop for three minutes and instead authorize the director of NDOT to determine the amount of time, based on the director’s, or the director’s designee’s, professional traffic engineering judgment and investigation. Any time limits for the curb loading zones set by the director of NDOT would be required to be clearly marked and posted on signs in the zone.
Section 12.48.050 of the Metropolitan Code provides that no person may stop, stand, or park a vehicle, other than for the unloading and delivery or pickup and load of freight and merchandise, in any place marked as a freight loading zone during the hours when the freight loading zone is in effect. Those engaged in loading and unloading of freight may stop for a period not to exceed 30 minutes. The ordinance under consideration would remove the authorization for those engaged in loading and unloading to stop for 30 minutes and instead authorize the director of NDOT to determine the amount of time, based on the director’s, or the director’s designee’s, professional traffic engineering judgment and investigation. Any time limits for the freight loading zones set by the director of NDOT would be required to be clearly marked and posted on signs in the zone.