ENACTED 08/03/1999

ORDINANCE NO. O99-1777

An ordinance to amend Title 2, Chapter 28 and Title 12 Chapter 32 of the Metropolitan Code of Laws to define Department of Pubic Works' hazardous material response vehicles as "emergency vehicles used in firefighting" for purposes of Section 402 of Title 55, Chapter 9 of the Tennessee Code Annotated and as "emergency repair vehicles" under Title 12, Chapter 32 of the Metropolitan Code of Law.

WHEREAS, Section 12.32.070 of the Metropolitan Code of Laws currently prohibits any vehicle, except vehicles of fire, and ambulances, or vehicles of emergency repair to be equipped with lights that display a red light to the front of the vehicle; and

WHEREAS, Tenn. Code Ann. § 55-9-402 currently prohibits any vehicle, except school buses, rural mail carriers, authorized law enforcement vehicles when used in conjunction with a flashing blue light, and emergency vehicles used in firefighting to be equipped with any flashing red, or white light, or any combination of red and white lights that display to the front of the vehicle;

WHEREAS, there is a substantial public benefit in utilizing the Department of Works' hazardous materials response vehicles as an emergency first response team in order to further The Metropolitan Government's interests in fire prevention, fire fighting and the containment of hazardous material; and

WHEREAS, the Department of Public Works' hazardous material response team can not effectively fulfill their fire prevention, firefighting and hazardous material

containment duties on a first response emergency basis unless their vehicles are equipped with a combination of red and white flashing lights that display to the front of their vehicles;

WHEREAS, the Chief of the Fire Department, pursuant to Section 8.305 of the Metropolitan Charter, recommends that the council adopt this ordinance as necessary for the prevention of fire; and

WHEREAS, the Metropolitan Council of Nashville and Davidson County desires to amend the Metropolitan Code of Laws of the Metropolitan Government of Nashville and Davidson County to enable the Department of Public Works' hazardous materials response vehicles to display red and white flashing lights to the front of the vehicle when responding to an emergency;

NOW THEREFORE, be it enacted by the council of the Metropolitan Government of Nashville and Davidson County as follows:

Section 1. Chapter 2.28 of the Metropolitan Code is amended by adding Section 2.28.111 as follows:

2.28.111 Use of the Department of Public Works' Hazardous Materials Response Vehicles for Fire Prevention, Firefighting and the Containment of Hazardous Materials.

A. The Department of Public Works' hazardous materials response vehicles are authorized to perform on a first response emergency basis in furtherance of the Metropolitan Government's interests in fire prevention, firefighting and the containment of hazardous materials. The Department of Public Works' hazardous materials response vehicles are hereby designated to be emergency repair vehicles for purposes of Section 12.32.070 of the Metropolitan Code of Laws and are expressly authorized to be equipped with lights that display a red light to the front of the vehicle. These vehicles are also expressly designated as "emergency firefighting vehicles" for purposes Title 55, Chapter 9, Section 402 of the Tennessee Code Annotated. Public Works shall be authorized to install, and operate red or white lights, or a combination of red and white lights, that display to the front of the hazardous materials response vehicles.

B. The provisions of this section shall not be construed to limit, abridge or otherwise abrogate any other requirement established by any other ordinance concerning the operation of emergency vehicles. However, should the provisions of this section conflict with any other section concerning the operation of emergency vehicles then this section shall prevail.

Section 2. Section 12.32.07 is hereby amended to include the following words after the words "emergency repair vehicles," and before the words "shall be equipped with":

including hazardous materials response vehicles,

Section 3. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Don Majors

AMENDMENT NO. I

TO

BILL NO. 099-1777

Mr. President:

I move to amend Ordinance 099-1777 by adding the following language as Section 3, and renumbering existing Section 3, as Section 4:

Section 3. (a) Nothing in this ordinance is intended, by implication or otherwise, to classify public works employees involved in the use, operation or maintenance of such vehicles as fire fighters or to confer upon such public works employees any benefits or provisions under state law or the Metropolitan Charter as fire fighters.

(b) Should any court of competent jurisdiction determine that, notwithstanding the provisions of Section 3(a), this ordinance has operated to classify public works employees involved in the use, operation or maintenance of such vehicles as fire fighters, or to confer upon such public works employees any benefits or provisions under state law or the Metropolitan Charter as fire fighters, then this ordinance shall automatically become null, void, and of no effect.

Sponsored by: Charles Fentress
Amendment Adopted: July 20, 1999

LEGISLATIVE HISTORY
Introduced:	June 15, 1999
Passed First Reading:	June 15, 1999
Referred to:	Public Safety Committee Public Works Committee
Amended:	July 20, 1999
Passed Second Reading:	July 20, 1999
Passed Third Reading:	August 3, 1999
Approved:	August 11, 1999
By: