Metropolitan Nashville and Davidson County, TN - File #: BL2020-581

• File #: BL2020-581
• Type: Bill (Ordinance)
• Status: Withdrawn
• File created: 12/8/2020
• In control: Metropolitan Council
• On agenda: 8/15/2023
• Final action: 8/15/2023
• Title: An ordinance amending Section 13.08.080 of the Metropolitan Code to permit the use of License Plate Scanner (LPR) technology on or within law enforcement vehicles.
• Sponsors: Freddie OConnell, Dave Rosenberg, Sandra Sepulveda

Date	Action By	Action
8/15/2023	Metropolitan Council	withdrawn
4/20/2021	Metropolitan Council	deferred
4/20/2021	Public Works Committee	approved with amendments
4/20/2021	Public Safety, Beer, and Regulated Beverages Committee	approved with amendments
2/2/2021	Metropolitan Council	deferred
1/5/2021	Metropolitan Council	deferred
12/15/2020	Metropolitan Council	passed on first reading
12/8/2020	Metropolitan Council	filed

title
An ordinance amending Section 13.08.080 of the Metropolitan Code to permit the use of License Plate Scanner (LPR) technology on or within law enforcement vehicles.


body
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 13.08.080 of the Metropolitan Code is hereby amended as follows:

1. By deleting the phrase, "It is unlawful to operate any license plate scanner installed onto or within the public right-of-way, with the exception of uses that meet each of the following requirements:" wherein it appears in subsection G.; and
2. By substituting in lieu thereof the phrase, "It is unlawful to operate any license plate scanner, regardless of the physical location of the scanning equipment, for the purpose of scanning license plates within the public rights-of-way, with the exception of those that are located within or on a law enforcement vehicle and those employed for uses that meet each of the following requirements:".

Section 2. This ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.


Agenda Analysis
Analysis

This ordinance amends Section 13.08.080 of the Metropolitan Code to create an exception for law enforcement vehicles from the prohibition on license plate readers (LPRs). The Code currently prohibits the operation of LPRs installed onto or within the public right-of-way except for use in conjunction with a vehicle emissions sensor as part of an emissions inspection program authorized under local, state or federal law.

This ordinance would create another exception from the LPR ban to allow the use of such scanners by law enforcement. Specifically, the ordinance would allow LPRs located within or on a law enforcement vehicle.

A question has been raised as to whether prohibiting the private use of LPRs violates the First Amendment to the United States Constitution. While there a...