An ordinance amending Sections 13.20.030 and 13.20.090 of the Metropolitan Code of Laws relating to the control of traffic in temporary work zones.

Whereas the Metropolitan County Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations, and utility work, above and below ground, which require blocking the public streets and obstructing the normal flow of traffic; and that such obstructions are or can become dangerous when not properly controlled; and

Whereas, the Metropolitan County Council has provided in Sections 13.20.030 and 13.20.090 of the Metropolitan Code of Laws that all traffic control devices erected in connection with such temporary work zones and excavations must be established in compliance with the Manual on Uniformed Traffic Control Devices (the "MUTCD"); and

Whereas, the Metropolitan County Council has determined that it is necessary to establish additional controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.

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

Section 1. Section 13.20.030C of the Metropolitan Code of Laws is hereby amended by deleting the existing language and substituting instead the following:

C. Temporary Work Zones and Traffic Control Devises.

1. In connection with the issuance of any permit under this chapter, the director shall require that any temporary work zone and any traffic control devices to be established in connection with the work to be performed pursuant to the permit are in compliance with the most recent edition of the Manual on Uniformed Traffic Control Devices (the "MUTCD").

2. All persons, contractors, and public or private utilities performing any work in the public right-of-way must establish and maintain any temporary work zone and any traffic control devices in compliance with the most recent edition of the MUTCD.

3. Only those persons who have been trained in proper temporary traffic control practices and have a basic understanding of the principles contained in the MUTCD may supervisee the selection, placement, and maintenance of temporary traffic control devices used for temporary traffic control zones and for incident management for work to be performed in the public right-of-way. Prior to the issuance of any permit under this chapter, the director shall ascertain that the person, contractor, or public or private utility that proposes to perform work in the public right-of-way has sufficient trained personnel on staff or under contract to supervise the selection, placement, and maintenance of temporary traffic control devices. Training in proper temporary traffic control practices and the basic principles contained in the MUTCD that has been provided or certified by nationally recognized organizations such as the American Traffic Safety Services Association or a qualified engineer shall be sufficient to meet the requirements of this subsection.

4. The director shall permit any person, contractor, or public or private utility meeting the requirements of subsection 3 to provide temporary traffic control in work zones without utilizing off-duty law enforcement officers provided that such work zones do not require the manual direction of motorized traffic through a signalized intersection, stop sign or similar traffic control device.

5. The director shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the public right-of-way, back filling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of the provisions of this subsection C.

Section 2. Section 13.20.090 of the Metropolitan Code of Laws is hereby amended by adding the following sentence at the end thereof:

Only those persons who have been trained in proper temporary traffic control practices and have a basic understanding of the principles contained in the MUTCD may supervise the selection, placement, and maintenance of barricades placed in the public right-of way.

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

Sponsored by: Ludye Wallace, Diane Neighbors, Chris Whitson