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File #: BL2023-71    Name:
Type: Bill (Ordinance) Status: Passed
File created: 10/10/2023 In control: Metropolitan Council
On agenda: 11/21/2023 Final action: 11/21/2023
Title: An ordinance amending section 13.08.080 of the Metropolitan Code of Laws related to the placement and removal of license plate readers and related signage.
Sponsors: Emily Benedict, Ginny Welsch, Delishia Porterfield, Olivia Hill, Rollin Horton, Terry Vo, Jeff Preptit, Joy Smith Kimbrough, Zulfat Suara, Brenda Gadd

title

An ordinance amending section 13.08.080 of the Metropolitan Code of Laws related to the placement and removal of license plate readers and related signage.

 

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WHEREAS, Ordinance No. BL2021-961 authorized, among other things, the use of license plate reader (LPR) technology under limited conditions; and

 

WHEREAS, pursuant to the requirements of M.C.L. § 13.08.080.G, MNPD operated a pilot program from January 23, 2023, until its completion on July 22, 2023; and

 

WHEREAS, LPRs and the related notice signage have remained in place in some locations after the pilot program concluded; and

 

WHEREAS, RS2023-2342 approved the full implementation of MNPD’s license plate reader program; and

 

WHEREAS, prior to entering into any vendor contract or agreement with a private entity to acquire or otherwise use LPR technology the Metropolitan Council must approve such agreement by resolution, after a public hearing; and

 

WHEREAS, the Metropolitan Council has not yet approved legislation authorizing the execution of an agreement for the acquisition of LPR technology; and

 

WHEREAS, the continued installation of the pilot program LPRs and related notice signage provides no beneficial utility to the Metropolitan Government during this interim period and is likely to cause confusion for the public regarding the use of LPR technology.

 

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

 

Section 1. That the following sentence be added to the end of section 13.08.080.G.12:

 

“Fixed LPR technology and related notice signage shall be removed from the public right-of-way at the conclusion of a six-month pilot program referenced in subsection G.14. Subject to the requirements in subsection C and subsection G, fixed LPR technology may be installed in the public right-of-way. Within fifteen days following the termination of a vendor contract or agreement to lease, license, maintain, monitor, or otherwise contract for the right to use, service, or locate LPR technology in the right-of-way, the department shall cause all fixed LPR technology subject to such contracts to be removed, along with related notice signage, from the public right-of-way.”

 

Section 2. This Ordinance shall take effect from and after its adoption, 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 of Laws to add language regarding the placement and removal of license plate readers (“LPR”) and related signage.

 

Under current law, Section 13.08.080.G.12 provides regulations for the placement of LPR. This includes a requirement that LPR be placed only on major and collector streets and that LPR devices be distributed equitably across the north, south, east, and west quadrants of the county. The section further requires signage to be placed by any fixed LPR that states “License Plate Reader Technology In Use” to give notice to the public of the technology’s use at a given location.

 

The ordinance under consideration adds language to Section 13.08.080.G.12 related to the removal of fixed LPR technology and related notice signage. The fixed LPR and related signage would be required to be removed from the public right-of-way at the conclusion of a six-month pilot program referenced in subsection G.14 of this section. Fixed LPR and related signage would also be required to be removed within 15 days following the termination of a vendor contractor or agreement to ease, license, maintain, monitor, or otherwise contract for the right to use, service, or locate LPR technology in the right-of-way. The department responsible for the LPR would be required to cause the removal of the LPR technology and related notice signage from the public right-of-way.