An ordinance amending Chapter 13.08 and Chapter 13.16 of the Metropolitan Code of Laws to prohibit any temporary or permanent encroachment into the public right-of-way without first obtaining a permit from the Metropolitan Government.

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

Section 1. That Chapter 13.08 of the Metropolitan Code of Laws be and the same is hereby amended by deleting Section 13.08.030 in its entirety.

Section 2. That Chapter 13.16 of the Metropolitan Code of Laws be and the same is hereby amended by deleting Section 13.16.010 in its entirety and substituting in lieu thereof the following new Section 13.16.010:

"13.16.010 Private installations or encroachments in, on, over or under public way-Penalty for violations-Regulations.
A. No person, firm or entity shall construct, install, operate and/or maintain any temporary or permanent encroachment, including, but not limited to, signs, sandwich boards, vegetation, news racks, fences or walls, in, on, over, or under any street, road, alley, sidewalk or other public way except when permitted by the metropolitan government. Unless specifically permitted under other sections of this code, the metropolitan county council may by ordinance grant temporary or permanent encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way. Any person found by a court of law having jurisdiction over such matters of violating this section by constructing, installing, operating, or maintaining such encroachment within the previous six months of making an application for a permit for such encroachment shall not be granted a permit by the metropolitan government.
B. Any person, firm or entity requesting an encroachment, permit or privilege as provided herein shall pay to the metropolitan government a fee in the amount of one hundred dollars upon making such request to cover the cost of processing such application and the issuance of such permit or privilege.
C. The manner of constructing, installing, operating and maintaining such encroachment shall be subject to the requirements, direction and approval of the director of public works and further the person, firm or entity requesting such encroachment, permit or privilege shall provide a liability insurance policy in such amount as directed by the metropolitan attorney and in the form as approved by the metropolitan attorney, to save the metropolitan government harmless from all claims for damages that may result to persons or property by reason of construction, operation or maintenance of such installation of any encroachment."

Section 3. That Chapter 13.16 of the Metropolitan Code of Laws be and the same is hereby amended by deleting Section 13.16.020 in its entirety and substituting in lieu thereof the following new Section 13.16.020:

"13.16.020 Aerial encroachments without permit prohibited-Penalty for violation-Fees.
A. No person, firm, or entity 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 and approval by resolution of the metropolitan council receiving twenty-one affirmative votes. Any 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.
B. Any person, firm or entity making application for a license agreement or permit shall, in addition to filing the appropriate application as required by the department of public works, pay to the metropolitan government a fee of one hundred dollars to cover the cost of processing such application and the issuance of such license or permit.
C. Any person, firm or entity requesting construction of any building or for the alteration of any building where such building is to be changed and such change will affect the exterior wall, bays, balconies or other appendages or projections encroaching on, over or under any street, alley or public lane shall comply with the Metropolitan Building and Fire Codes. Depending upon the type of encroachments, permits are required and issued by the codes administration for such construction. This permit is in addition to any application or permit fees required by the department of public works.
D. Any person, firm or entity requesting such an encroachment shall provide a liability insurance policy in such amount as directed by the metropolitan attorney and in the form as approved by the metropolitan attorney, to save the metropolitan government harmless from all claims for damages that may result to persons or property by reason of construction, operation or maintenance of such installation of any encroachment."

Section 4. That Chapter 13.16 of the Metropolitan Code of Laws be and the same is hereby amended by deleting Section 13.16.030 in its entirety.

Section 5. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Rip Ryman, Mike Jameson, Billy Walls