An Ordinance amending Chapter 12.42 Permit Parking Programs of the Metropolitan Code by creating a university area individual residential lot permit parking program and providing for the charge of permit fees.

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

Section 1. Chapter 12.42 of the Metropolitan Code shall be and the same is hereby amended by adding the following new Article:

Article III. University Area Individual Residential Lot Permit Parking Program.

12.42.310 Definitions.

As used in this article, the following words, terms and phrases shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:
“Motor vehicles” means an automobile, truck, motorcycle or other motor-driven form of transportation.
“ University area individual residential lot (UAIR)” means any lot within the area of the metropolitan government that has an erected and occupied single-family residence that is within one thousand five hundred (1,500) feet of a public or private university, college, junior college, post secondary school, trade school, or vocational school campus.

12.42.320 University area individual residential lot parking program authorized.

The chief traffic engineer is authorized to restrict by order, subject to approval by the traffic and parking commission as hereinafter provided, parking on public streets in front of a university area individual residential lot (UAIR) to vehicles bearing a valid parking permit issued pursuant to this article. This authority shall be in addition to, and may be exercised in conjunction with, any other authority the chief traffic engineer may have to regulate the times and conditions of parking.

12.42.330 University area individual residential lot parking – Eligibility requirements.

A lot shall be eligible for university area individual residential lot parking that meets the requirements of the definition of “university area individual residential lot (UAIR)” as specified in Section 12.42.310. In determining whether a lot shall be designated as part of the university area individual residential lot permit parking program, the chief traffic engineer shall also take into consideration the following factors:

A. The extent of the desire and need of the resident(s) for residential permit parking and their willingness to bear the administrative costs in connection therewith;
Scarcity of convenient off-street parking for residents;
The extent to which motor vehicles registered to persons residing at the university area individual residential lot cannot be accommodated by the number of available off-street parking spaces;
Substantial use of neighborhood curb space by commuters and other nonresidents for parking;
Traffic, noise and safety problems caused by vehicles cruising for parking.

12.42.340 Procedures to be used in designation or withdrawing designations and applications for university area individual residential lot parking.

A. An application requesting university area individual residential lot (UAIR) permit parking shall be submitted to the chief traffic engineer for review by staff of the traffic and parking commission. A person is eligible to apply for UAIR permit parking if he owns or operates a motor vehicle and resides on a university area individual residential lot as defined in Section 12.42.310. Proof of residency must be presented at the time application is made. The application shall include the following information:

1. The applicant’s name (signature and printed) and physical street address.

2. The make, model, color, registration and license plate numbers of the motor vehicle; and the number of the drivers' license of the applicant. The motor vehicle registration and the driver's license of the applicant must be presented at the time of making said application in order to verify the contents thereof. The owner or operator of any motor vehicle applying for a UAIR residential parking permit shall have a valid Tennessee motor vehicle license plate; provided, if said applicant is enrolled as a full-time student in a college or university within the area of the metropolitan government, then said applicant shall have a valid motor vehicle license plate issued by any state and proof of enrollment at such college or university. The motor vehicle registration must show the applicant's present address; provided, if the applicant is a full-time student, then said applicant must provide satisfactory proof of residence at the lot to be designated for UAIR permit parking.

2. The time of day that permits will be required. Example: seven a.m. to five p.m., twenty-four hours, etc.

3. If desired, a maximum time limit that nonpermit holders (visitors, family members, etc.) could legally park. Example: two hours, four hours, etc.

B. The chief traffic engineer shall recommend, by report to the traffic and parking commission, whether to designate the lot for UAIR permit parking specifying the time or limitations recommended and proposed fees, or whether to remove the designation in the case of an established lot with UAIR permit parking. The traffic and parking commission shall approve or disapprove the recommendation of the chief traffic engineer.

C. All UAIR lots approved by the traffic and parking commission shall become part of Schedule VII of the Traffic and Parking Code of the traffic and parking commission of the metropolitan government of Nashville and Davidson County.

12.42.350 Implementation.

A. Once a university area individual residential lot for permit parking has been approved by the traffic and parking commission, the chief traffic engineer or his designee shall install parking signs on the street in front of the lot designated for university area individual residential lot permit parking. The signs shall indicate the times under which parking shall be by permit only.

B. A permit shall be issued for a lot designated for university area individual lot residential permit parking upon payment of the applicable fee by the applicant.

C. The permit shall be renewed annually upon such conditions and procedures as the chief traffic engineer shall specify. The permit shall display the motor vehicle license plate number.

12.42.360 University area individual residential lot parking permit.

A. The holder of a university area individual residential lot (UAIR) parking permit shall be permitted to stand or park a motor vehicle for which a permit has been issued for the UAIR lot designated on the permit without being subject to the limitations imposed on vehicles lacking the permit, provided however, that parking is permitted. While a motor vehicle for which a UAIR parking permit has been issued is so parked, such permit shall be displayed on the extreme left hand corner of the dashboard (driver's side) so as to be clearly visible and able to be easily read through the windshield of the vehicle.

B. A UAIR parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing, or parking of motor vehicles is prohibited or set aside for specified types of vehicles, and shall not exempt the holder from the observance of any traffic regulation other than the parking limit.

12.42.370 Exemption from university area individual residential lot permit parking area.

Service vehicles parking in university area individual residential lot permit parking areas while making service calls to residential dwellings within the area shall be exempt from the posted time limits. Such service vehicles shall display in the windshield on the driver's side of the vehicle a work slip showing the name and address of the residence being serviced.

12.42.380 University area individual residential lot parking permit fee.

A. The traffic and parking commission is authorized to establish by order an annual university area individual residential lot (UAIR) permit parking fee to cover the administrative costs for the UAIR parking permit issued pursuant to this article. The permit fee must be approved by ordinance of the metropolitan county council. An annual fee of twenty-five dollars ($25.00) is approved.

B. In addition to the permit fee established by this Section, the applicant shall also be required to pay the reasonable costs to be incurred in the installation of applicable parking signs by the chief traffic engineer or his designee prior to issuance of a UAIR permit.

12.42.390 Visitor’s permit.

The holder of a university area individual residential lot parking permit may apply for a visitor’s permit which shall be valid for fourteen days and shall be renewable but not transferable. The application shall identify the guest, his address, and the vehicle’s make, model, and license number. The application shall also show the permit number and the address of the host, and shall be signed by the permit holder host. Permits for visitors shall be issued upon application unless the chief traffic engineer determines that adequate space is not available in front of the university area individual residential lot. No permit holder shall be issued more than three visitor permits at any given time.

12.42.400 Misrepresentation by applicant for permit – Illegal use of permits.

A. It shall constitute a violation of this article for any person to falsely represent himself as eligible for a university area individual residential lot parking permit or to furnish any false information in an application to the chief traffic engineer in order to obtain such a parking permit.

B. No person other than the permittee named thereon shall use a university area individual residential lot parking permit or display it on a vehicle operated or parked, and any such use or display by a person other than the permittee shall constitute a violation of this section by the permittee and by the person who so used or displayed such parking permit.

12.42.330 Penalties.

The chief traffic engineer is authorized to revoke the university area individual residential lot parking permit of any permittee found to be in violation of the provisions of this article, and, upon written notification thereof, the permittee shall surrender such permit to the traffic and parking commission.

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, Ginger Hausser

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2003-1388

Mr. President:

I move to amend Ordinance No. BL2003-1388 by deleting the phrase “12.42.330

Penalties”, wherein it appears in Section 1, and substituting in lieu thereof the phrase

“12.42.410 Penalties”.

Sponsored by: Ludye Wallace