ORDINANCE NO. BL2000-444

An ordinance amending Section 13.16.010 of the Metropolitan Code by repealing provisions superseded by other code provisions and providing that persons found in violation of these provisions may obtain permits for encroachments over rights-of-way and sidewalks.

WHEREAS, Section 13.16.010 of the Metropolitan Code presently provides for a penalty of fifty dollars ($50.00) upon conviction of a violation of the requirement that persons obtain a permit before constructing an encroachment over and or across a sidewalk of public right-of-way; and

WHEREAS, Section 1.01.030 of the Metropolitan Code specifically provides for a penalty not to exceed five hundred dollars ($500) for violation of Section 13.16.010; and

WHEREAS, to assure compliance with Section 13.16.010 it is necessary to provide additional penalties for violating said provisions.

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

SECTION 1. Section 13.16.010 of the Metropolitan Code shall be and same is hereby amended by deleting the provisions in their entirety and substituting in lieu thereof the following new provisions:

"No person may construct, maintain and/or operate any aerial cable, canopy, sign or other encroachment over and/or across any sidewalk or public right-of-way without first obtaining a permit from the metropolitan government. An person convicted of a violation of this section within the previous three years may not apply for a permit for such an encroachment."

SECTION 2. 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: Ludye Wallace

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2000-444

Mr. President:

I move to amend Ordinance No. BL2000-444 by amending Section 1 thereof by deleting the following provisions wherein they appear:

"No person may construct, maintain and/or operate any aerial cable, canopy, sign or other encroachment over and/or across any sidewalk or public right-of-way without first obtaining a permit from the metropolitan government. An person convicted of a violation of this section within the previous three years may not apply for a permit for such an encroachment."

and substituting in lieu thereof the following new provisions:

"No person may construct, maintain and/or operate any aerial cable, canopy, sign or other encroachment over and/or across any sidewalk or public right-of-way without first obtaining a permit from the metropolitan government. An person convicted of a violation of this section by constructing, maintaining or operating such encroachments within the previous six months of making an application for a permit for such an encroachment shall not be granted a permit by metropolitan government."

Sponsored by: Ludye Wallace
Amendment Adopted: November 21, 2000

LEGISLATIVE HISTORY
Introduced:	October 3, 2000
Passed First Reading:	October 3, 2000
Referred to:	Public Works Committee
Deferred:	October 17, 2000
Amended:	November 21, 2000
Deferred:	November 21, 2000
Passed Second Reading:	December 5, 2000
Passed Third Reading:	December 19 , 2000
Approved:	December 21 , 2000
By: