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File #: BL2021-977    Name:
Type: Bill (Ordinance) Status: Passed
File created: 10/26/2021 In control: Metropolitan Council
On agenda: 12/7/2021 Final action: 12/7/2021
Title: An ordinance to provide for the designation of public property within specified areas of downtown Nashville as a temporary "Special Event Zone" during the time period beginning at nine o'clock (9:00) p.m. on December 30, 2021, and ending at 6 o'clock (6:00) a.m. on January 1, 2022, relative to the use of these areas in conjunction with the 2021 New Year's Eve Celebration and related activities and events.
Sponsors: Freddie OConnell
Attachments: 1. Special Event Zone Footprint

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An ordinance to provide for the designation of public property within specified areas of downtown Nashville as a temporary "Special Event Zone" during the time period beginning at nine o'clock (9:00) p.m. on December 30, 2021, and ending at 6 o'clock (6:00) a.m. on January 1, 2022, relative to the use of these areas in conjunction with the 2021 New Year's Eve Celebration and related activities and events.

 

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WHEREAS, the city of Nashville is hosting the 2021 New Year's Eve Celebration in December 2021; and

 

WHEREAS, in pre-pandemic years, the New Year's Eve Celebration has been a significant economic generator for Nashville, resulting in millions of dollars in direct visitor spending; and

 

WHEREAS, the 2021 New Year's Eve Celebration will be nationally broadcast by CBS with a 5-hour “New Year’s Eve Live: Nashville’s Big Bash” special with nearly 50 TV performances, resulting in both national and international commercial exposure for the city; and

 

WHEREAS, given tens of thousands of visitors and media personnel who will be in attendance, it is necessary that certain areas in and around events related to the 2021 New Year's Eve Celebration be regulated and controlled to provide for the public health, safety, and welfare of the above mentioned participants; and

 

WHEREAS, to that end, it is necessary to establish a Special Event Zone area for the temporary time periods and within the specified boundaries designated in this ordinance.

 

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. There is hereby established a "Special Event Zone" within the area described as follows:

 

The Special Event Zone shall be Charlotte Avenue from 10th Circle North to 5th Avenue North, 5th Avenue North from Charlotte Avenue to Gay Street, Gay Street from 5th Avenue North to 3rd Avenue North, 3rd Avenue North from Gay Street to Jefferson Street, Jefferson Street from 3rd Avenue North to Rosa L. Parks Blvd., Rosa L. Parks Blvd. from Jefferson Street to 10th Circle North, 10th Circle North at Rosa L. Parks Blvd. to Charlotte Avenue.

 

Section 2. The Special Event Zone defined in Section 1 hereof shall have a duration beginning at nine o'clock (9:00) p.m. on Thursday, December 30, 2021, and ending at 6 o'clock (6:00) a.m. on Saturday, January 1, 2022.

 

Section 3. Notwithstanding any other provision of the Metropolitan Code to the contrary, the activities described below on public property or in the public right-of-way within the• Special Event Zone conducted by any person or entity, except those approved by both the Metropolitan Government of Nashville and Davidson County and the Nashville Convention and Visitors Corporation, shall be regulated as follows:

 

1.                     Street vendors with a general vending license issued pursuant to Section 13.08.040 of the Metropolitan Code or other persons with a valid license for such a purpose issued by the Metropolitan Government, the sale of any food, beverages, goods, or merchandise shall be prohibited on the public streets, sidewalks, alleys, and rights-of-way. Street vendors shall obtain a "Special Event Zone" permit from the Nashville Convention and Visitors Corporation in order to sell within the geographic area listed above. The Metropolitan Departments of Public Works, the Metropolitan Department of Parks and Recreation, and the Davidson County Clerk shall consult with the Nashville Convention and Visitors Corporation prior to granting a temporary vending permit to be effective within the "Special Event Zone" during Nashville's New Year's Eve Celebration.

2.                     No alcoholic beverages shall be provided, served, or sold from any temporary outdoor use except as authorized by the Nashville Convention and Visitors Corporation and permitted by the Metropolitan Government of Nashville and Davidson County.

3.                     The sale or distribution of merchandise pertaining to the New Year's Eve Celebration where it is apparent on its face that the merchandise is not licensed by the Nashville Convention and Visitors Corporation, regardless of whether the person selling or distributing is operating pursuant to a valid permit, exception, or exemption provided for in this Ordinance or elsewhere in the Metropolitan Code, shall be prohibited.

4.                     No tents or membrane structures of any kind shall be erected except for those tents and membrane structures sanctioned and authorized by the Nashville Convention and Visitors Corporation or erected by the Metropolitan Government for public safety purposes.

5.                     The construction, placement, occupation, or use of any temporary structure is prohibited except those sanctioned and authorized by the Nashville Convention and Visitors Corporation.

6.                     The distribution, promotional give-away activity, or provision of free products, services, or coupons (otherwise referred to as "sampling") by persons or entities that are not event sponsors officially sanctioned and authorized by the Nashville Convention and Visitors Corporation is strictly prohibited, provided this shall not apply to written material given away within any Public Participation Area established pursuant to this Ordinance.

7.                     Vehicles shall be allowed only as directed by Metropolitan Nashville Police which will include trucks, automobiles, motorcycles, golf carts, bicycles, scooters, skateboards, and motorized scooters.

8.                     No shared urban mobility devices, as defined by Metropolitan Code of Laws Section 12.62.010, shall be permitted within the Special Event Zone during the designated Special Event Zone Ordinance time period.

9.                     No handguns, rifles, or firearms shall be permitted within the Special Event Zone during the designated Special Event Zone Ordinance time period. (Tennessee Code Annotated §39-17-1359)

10.                     No knives, swords, or other fighting devices shall be permitted within the Special Event Zone during the designated Special Event Zone Ordinance time period.

11.                     No fireworks, firecrackers, or explosive devices of any type shall be permitted within the Special Event Zone during the designated Special Event Zone Ordinance time period.

12.                     The Special Event Zone shall be a "no fly zone" during the designated Special Event Zone Ordinance time period. (Tenn. Comp. R. & Regs. 0400-02-02-02).

 

Section 4. Nothing in this Ordinance shall be construed as a repeal or suspension of any existing laws prohibiting or governing the issuance of permits outside of the "Special Event Zone" geographical boundaries. Further, nothing in this Ordinance shall be construed as granting a waiver to the Nashville Convention and Visitors Corporation from all licensing and permitting requirements of the Metropolitan Code necessary for public health, safety, and welfare.

 

Section 5. One or more Public Participation Areas shall be established by the Metropolitan Government within the Special Event Zone while the Special Event Zone Ordinance is in effect. Each Public Participation Area shall allow for the reasonable expression by the public in a manner that shall not be disruptive to the 2021 New Year's Eve Celebration, activities, and events. Public Participation Areas shall be provided for during such reasonable times, and in such reasonable locations within the Special Event Zone as to allow for meaningful and effective expression by the public.

 

Section 6. If any of the provisions of this Ordinance are for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions, and those remaining portions shall be and remain in full force and effect.

 

Section 7. It is the intention of the Metropolitan Council that the Metropolitan Nashville Police Department focus its enforcement efforts upon preserving the peace and securing the safety of the New Year's Eve Celebration participants while the Special Event Zone is in effect.

 

Section 8. This Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 

Agenda Analysis

Analysis

 

This ordinance approves a temporary “Special Event Zone” for the downtown area, in conjunction with the 2021 New Year's Eve Celebration and related activities and events from December 30, 2021 to January 1, 2022. A map of the Special Event Zone areas established under this ordinance is attached to the ordinance. Activity restrictions within the Special Event Zone would begin at 9:00 p.m. on Thursday, December 30, 2021, and end at 6:00 a.m. on Saturday, January 1, 2022. Activities on public property or in the public right-of-way within the Special Event Zone are regulated as follows:

 

The sale of any food, beverages, goods, or merchandise would be prohibited, unless street vendors obtain a “Special Event Zone” permit from the Nashville Convention and Visitors Corporation (CVC) in order to sell within the geographic area listed above.

 

                     Alcoholic beverages provided, served, or sold from any temporary outdoor would be prohibited, except as authorized.

                     The sale or distribution of merchandise pertaining to the New Year's Eve Celebration, where it is apparent on its face that the merchandise is not licensed by CVC, would be prohibited.

                     No tents or membrane structures of any kind would be permitted, except as authorized by CVC or Metro for public safety purposes.

                     The construction, placement, occupation, or use of any temporary structure would be prohibited except those sanctioned and authorized by the CVC.

                     The distribution, promotional give-away activity, or provision of free products, services, or coupons by persons or entities that are not event sponsors officially sanctioned and authorized by CVC would be prohibited, except within any Public Participation Area.

                     Vehicles would be allowed only as directed by Metropolitan Nashville Police.

                     No shared urban mobility devices, as defined by Metropolitan Code of Laws Section 12.62.010, would be permitted within the Special Event Zone.

                     No handguns, rifles, or firearms would be permitted. (Tennessee Code Annotated § 39- 17-1359)

                     No knives, swords, or other fighting devices would be permitted.

                     No fireworks, firecrackers, or explosive devices of any type would be permitted, except exhibitions permitted by CVC.

                     The Special Event Zone would be a “no fly zone.”

 

This ordinance requires at least one Public Participation Area within the Special Event Zone while the zone is in effect. This Area would allow for the reasonable expression by the public in a manner that is not disruptive to the New Year's Eve Celebration, activities, and events.

 

Fiscal Note: This ordinance places restrictions on the activities that would be allowed to take place within the special event zone during the New Year's Eve Celebration. However, no additional Metro personnel or overtime would be required just for the enforcement of these restrictions.