ORDINANCE NO. BL2005-651

An ordinance amending Section 12.08.150 of the Metropolitan Code by reducing the authority to tow vehicles illegally parked within the area of Metropolitan Government.

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

Section 1. Section 12.08.150 B. of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting paragraph 1 in its entirety and substituting in lieu thereof the following new paragraph:

"1. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any regulation or ordinance of the metropolitan government and is denying pedestrian or vehicular access to a street, highway, thoroughfare, or driveway; or obstructs the flow of traffic; or poses a public safety hazard."

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. BL2005-651

Mr. President:

I move to amend Ordinance No. BL2005-651 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1.:

Section 1. That Section 12.08.150 of the Metropolitan Code is hereby amended by deleting subsection B. in its entirety and substituting in lieu thereof the following new subsection B:

“B. Members of the metropolitan police department shall have authority to impound any vehicle under the circumstances hereinafter enumerated:
1. When a vehicle is parked, stopped or standing upon any alley, street, highway or thoroughfare within the area of the metropolitan government in violation of any regulation or ordinance of the metropolitan government, except overtime parking violations now or hereafter in effect, and:
a. is denying pedestrian or vehicular access to a street, highway, thoroughfare, or driveway;
b. is obstructing the flow of traffic; or
c. poses a public safety hazard;
2. When a vehicle is so parked, stopped or standing upon any alley, street, highway or thoroughfare of the metropolitan government so as to obstruct the orderly flow of traffic thereon;
3. When a vehicle is left parked on any alley, street, highway or thoroughfare within the metropolitan government area for a period of forty-eight hours without current registration;
4. When a vehicle upon any alley, street, highway or thoroughfare in the metropolitan government area is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle does not provide for its custody and removal;
5. When the driver or operator of such vehicle has been arrested for driving under the influence of intoxicating liquor in violation of the Tennessee Code Annotated.”

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY

Introduced: May 3, 2005
Passed First Reading: May 3, 2005
Referred to: Public Safety Committee
Deferred: May 17, 2005
Deferred to July 19, 2005: June 7, 2005
Deferred: July 19, 2005
Deferred Indefinitely : August 2, 2005
Deferred: December 19, 2006
Deferred: January 16, 2007
Deferred: February 6, 2007
Deferred Indefinitely:
(Rule 22)
February 6, 2007
Deferred: June 5, 2007
Deferred to July 17, 2007: June 19, 2007
Deferred: July 17, 2007
Amended: August 7, 2007
Passed Second Reading: August 7, 2007
Failed: August 21, 2007