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An ordinance amending Title 13 of the Metropolitan Code of Laws to clarify exemptions applicable to vehicle emissions sensors.
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WHEREAS, Section 13.08.080 of the Metropolitan Code of Laws, which provides that it is unlawful to operate license plate scanners installed onto or within the public right-of-way, allows a limited exception for such use solely and exclusively in conjunction with a vehicle emissions sensor as part of an emissions inspection program; and
WHEREAS, the limited exception for vehicle emissions programs allows the Metropolitan Department of Health to contract with vehicle emissions vendors who rely upon emissions sensor technology to provide more efficient services to the Metropolitan Government; and
WHEREAS, implementation of the vehicle emissions sensor program relies upon remote detection of registered vehicle owners' emissions, followed by notification to owners of their compliance or non-compliance with emissions standards. In both instances, limited identification of vehicle owners is required. However, per Subsections 13.08.080(G)(3) and (5), no penalty or punitive action can result from determinations of non-compliance by the vehicle emissions sensor, and data used to pair a license plate number, VIN, or other unique identifier with a specific geographic location cannot be retained more than one week.
WHEREAS, to clarify the intent of Section 13.08.080(G), an amendment to Subsection 13.08.080(G)(2) is required in order to facilitate implementation of the vehicle emissions sensor.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Section 13.08.080 of the Metropolitan Code of Laws is hereby amended by deleting Subsection 13.08.080(G)(2) and substituting the following:
(2) The data from the license plate scanner and vehicle emissions sensor is used solely and exclusively for purposes of determining compliance with vehicle emissions standards.
Section 2. S...
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