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An ordinance to amend Chapter 12.40 of the Metropolitan Code of Laws regarding restrictions for street and alley parking.
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WHEREAS, trucks and motor vehicles exceeding ten thousand pounds, box trucks, food trucks, trailers, tank trucks, and dump trucks repeatedly park on the right-of-way of the Metropolitan Government and obstruct other vehicles and pedestrians on local roads; and
WHEREAS, Metropolitan Code of Laws section 12.40.080 states that no vehicle shall be parked in a manner as to leave less than twelve feet of roadway available for the free movement of vehicular traffic; and
WHEREAS, notwithstanding current code provisions, additional measures are needed to ensure the free flow of traffic and to address obstructions on the roads and alleys 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 12.40.180 of Metropolitan Code of Laws is hereby amended by deleting the section in its entirety and replacing it with the following:
A. For purposes of this section:
1. "Box truck" means a commercial truck with an enclosed, box-shaped cargo area that is separate from the cab.
2. "Food truck" means vehicle capable of movement and equipped to serve food.
3. "Food trailer" means a non-motorized unit equipped to serve food that is designed to be towed by a separate vehicle.
4. "Streets" means all streets, roads, highways, avenues, boulevards, publicly owned rights-of-way, bridges, tunnels, or other public ways dedicated to public use and maintained for general public travel within the area of the metropolitan government.
B. Except as otherwise permitted by law, the parking of trucks, or motor vehicles exceeding 8.800 ten thousand pounds gross vehicle weight rating, box trucks, food trucks, food trailers, trailers, or semi-trailers, whether or not attached to a tractor, is prohibited on any street within the jurisdiction of the Metropolitan Government at any time of day or night.
C. This section shall not apply to vehicles:
1. Actively engaged in loading or unloading activities;
2. WithWhere a driver is in attendance with the vehicle; or
3. Permitted by the Nashville Department of Transportation and Multimodal Infrastructure to operate in the right-of-way, including truck vendors, under Chapter 13.08.
D. In addition to all other remedies, whenever any police officer finds a vehicle in violation of this section, the officer is authorized to move such vehicle, or require the driver or person in charge of the vehicle, if present, to immediately relocate the same to a position off the roadway.
Section 2. That Section 12.40.190 of Metropolitan Code of Laws is hereby amended by deleting the section in its entirety and replacing it with the following:
12.40.190 – Parking restrictions—Tank trucks, school buses, and certain other vehicles.
A. It is unlawful for any person owning or operating a tank truck or any other self-propelled vehicle used for transporting more than fifty (50) gallons of gasoline, kerosene, benzol, naphtha or other volatile liquids, to park such vehicle parked on any public street or alley within the jurisdiction of the metropolitan government for more than two (2) hours, whether loaded or empty.
B. It is unlawful for any person owning or operating a truck or motor vehicle of more than 8,800 ten thousand pounds gross vehicle weight rating, or a dump truck of more than fifty-four thousand pounds of gross weight, including the load therein, to park such vehicle on any public street or alley within the jurisdiction of the metropolitan government for more than two (2) hours, whether loaded or empty.
Section 43. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance would amend Chapter 12.40 of the Metropolitan Code of Laws regarding abandoned vehicles and restrictions on street and alley parking.
The ordinance would amend Section 12.40.180 of the Metropolitan Code of Laws to prohibit the parking of trucks, motor vehicles exceeding 8,800 pounds gross vehicle weight rating, box trucks, food trucks, food trailers, trailers, or semi-trailers, whether or not attached to a tractor, is on any public street at any time of day or night within Nashville and Davidson County. This section shall not apply to vehicles actively engaged in loading or unloading, with a driver who is attending the vehicle, or with a permit by the Nashville Department of Transportation and Multimodal Infrastructure to operate in the right-of-way, under Chapter 13.08.
The current Metropolitan Code prohibits the parking of trucks or motor vehicles of more than eighteen thousand pounds gross weight, or of trailers or semi-trailers whether or not attached to tractors, on any of the streets within the metropolitan government at any time of day. This current restriction in the Metropolitan Code does not apply to trucks, trailers or semi-trailers so parked while actually engaged in loading or unloading.
The ordinance would also amend Section 12.40.190 of the Metropolitan Code of Laws to prohibit the parking of a truck, tank truck, dump truck, motor vehicle of more than 8,800 pounds gross vehicle weight rating, or a dump truck, or self-propelled vehicle used for transporting more than fifty (50) gallons of gasoline, kerosene, benzol, naphtha or other volatile liquids from parking on any public street or alley in Nashville or Davidson County for more than two hours, regardless of whether the vehicle is loaded or empty.
The current Metropolitan Code prohibits the parking of any tank truck, self-propelled vehicle used to transport more than fifty gallons of gasoline, kerosene, benzol, naphtha or other volatile liquids, vehicles with longer than twenty feet, or a dump truck of more than fifty-four thousand pounds of gross weight from parking on any public streets or alleys between sunset and sunrise.