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An ordinance amending Chapter 13.32 of the Metropolitan Code of Law relative to removals of obstructions in the right-of-way.
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WHEREAS, the Metropolitan Public Health Department's brief on "How Transportation Impacts Our Health" found that access to transit significantly improved health outcomes; and
WHEREAS, the average temperature in Nashville has increased almost 5 degrees since 1970, and increasing temperatures makes accessing transit options more difficult for all people; and
WHEREAS, Nashvillians have historically placed temporary, homemade benches in the right-of-way to provide temporary seating to those waiting for a bus or needing to rest; and
WHEREAS, such temporary benches help provide temporary infrastructure aiding in public health while Nashville works towards building permanent infrastructure through Choose How You Move; and
WHEREAS, such temporary benches are also increasingly helpful in encouraging Nashvillians to safely walk and take transit during extreme heat episodes; and
WHEREAS, such temporary benches have been in violation of Section 13.32.100 of the Metropolitan Code of Laws, which prohibits "any rocks, wood, lumber, abandoned property or other obstruction whatsoever, other than a legally parked motor vehicle, to remain on the public square or any street, public right-of-way, sidewalk, or alley;" and
WHEREAS, such benches are removed from time-to-time because Section 13.32.100 of the Metropolitan Code of Laws requires that "the metropolitan police department, Nashville Fire Department, and Nashville Department of Transportation and Multimodal Infrastructure (NDOT) [to] cause the prompt removal of such material;" and
WHEREAS, temporary benches are so short-term that the need for a permit for each bench would not only be a waste of government resources, but also impractical.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 13.32.100 of the Metr...
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