Metropolitan Nashville and Davidson County, TN - File #: BL2022-1530

• File #: BL2022-1530
• Type: Bill (Ordinance)
• Status: Passed
• File created: 10/25/2022
• In control: Metropolitan Council
• On agenda: 12/20/2022
• Final action: 12/20/2022
• Title: An ordinance to amend Chapter 13.20 of the Metropolitan Code of Laws to restrict obstructions within the public way or public right-of-way.
• Sponsors: Tom Cash, Bob Mendes, Russ Bradford, Emily Benedict, Burkley Allen, Ginny Welsch, Delishia Porterfield

Date	Action By	Action
1/3/2023	Mayor	approved
12/20/2022	Metropolitan Council	passed on third reading
12/6/2022	Metropolitan Council	passed on second reading as amended
12/6/2022	Metropolitan Council	amended
12/6/2022	Government Operations and Regulations Committee	approved with an amendment
11/15/2022	Metropolitan Council	deferred
11/15/2022	Transportation and Infrastructure Committee	approved
11/14/2022	Budget and Finance Committee	approved
11/1/2022	Metropolitan Council	passed on first reading
10/25/2022	Metropolitan Council	filed

title
An ordinance to amend Chapter 13.20 of the Metropolitan Code of Laws to restrict obstructions within the public way or public right-of-way.

body
WHEREAS, pursuant to Chapter 13.20 of the Metropolitan Code, anyone who excavates in or obstructs the public right-of-way for construction or other purposes is required to obtain a permit from the Nashville Department of Transportation and Multimodal Infrastructure; and

WHEREAS, obstructions and excavations which close or occupy the public right-of-way pose significant hardships upon pedestrians, motorists, and passersby attempting to negotiate safe passage from one location to another; and

WHEREAS, obstructions and excavations which close or occupy the public right-of-way for an extended period can have a significant detrimental effect upon access to and quality of life in adjacent neighborhoods and communities; and

WHEREAS, it is in the best interests of the Metropolitan Government of Nashville and Davidson County to restrict obstructions and excavations which close or occupy any portion of the public right-of-way or public way.

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

Section 1. That subsection B of section 13.20.020 of the Metropolitan Code is hereby amended by deleting subsection B.1.b in its entirety.

Section 2. That subsections A and C of section 13.20.030 of the Metropolitan Code are hereby amended by deleting these subsections in their entirety and substituting in lieu thereof the following:

13.20.030 Permit.

A. No permits affecting multimodal pathway travel within the public way or public right-of-way shall be issued for any construction activities or special events for a period of seven (7) days or more. Otherwise, permits shall be issued by the director to any person qualified under Section 13.20.050 of the metropolitan code, meeting all other requirements of this chapter, and upon receipt of the appropriate permit fee....