ORDINANCE NO. BL2010-715

An Ordinance amending Title 6 of the Metropolitan Code pertaining to the documentation and storage of vehicles at automobile repair and service establishments.

WHEREAS, Section 2.01 of the Metropolitan Charter provides that the Metropolitan Council has the authority to pass all ordinances necessary for the health, convenience, safety and general welfare of the inhabitants of the Metropolitan Government, and to regulate any business or situation that may be dangerous to persons or property; and

WHEREAS, the storage of automobiles left for repair or service for prolonged periods of time negatively impacts the quality of life for the inhabitants of the Metropolitan Government, can result in damage to the environment as a result of leaking petroleum products and other fluids, and can pose a safety concern; and

WHEREAS, the definition of “automobile repair” and “automobile service” in Section 17.04.060 of the Metropolitan Code currently prohibits vehicles being repaired or serviced from remaining on the premises more than 45 days; and

WHEREAS, the lack of adequate documentation concerning the date vehicles are left for repair or service makes enforcement of the 45-day storage restriction difficult.

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

Section 1. That Title 6 of the Metropolitan Code is hereby amended by adding the following new Chapter 6.42:

Chapter 6.42 AUTOMOBILE REPAIR AND SERVICE.

6.42.010 Definitions.

"Automobile" means any motor vehicle used for the transportation of persons.

"Automobile repair or service" means the general repair, adjusting, overhauling, removing, replacing, rebuilding, reconditioning, or servicing of automobiles and engines, including, but not limited to, the following:

1. Body, frame or fender straightening or repair;
2. New tire services and sales;
3. The reconditioning, repairing, sale, mounting, or installing of any used tires;
4. Welding of automobile frames or parts;
5. Automobile painting;
6. Automobile upholstery work;
7. Collision repair;
8. Oil change and lubrication;
9. Cooling, electrical, fuel and exhaust system replacement and repairs;
10. Wheel alignment and balancing;
11. Brake adjustment, relining and repairs;
12. Muffler repair and replacement.

6.42.020 Records required.

A. Every person, firm, corporation, agency, or business performing automobile repairs or service shall maintain the following written documentation for each vehicle to be serviced or repaired:
1. The name and address of the customer;
2. The date the automobile was received for repairs or service;
3. The year, make, model and vehicle identification number of the automobile;
4. The odometer reading on the date the automobile was brought in for repairs or service; and
5. The license plate number of the motor vehicle.
B. Such records shall be retained for six months and shall be available for inspection by the metropolitan police department and department of codes administration during all regular business hours.

6.42.030 Limitation on storage of automobiles.

No vehicle to be repaired or serviced shall remain on the premises more than forty-five days, as provided in Section 17.04.060.B of the Metropolitan Code.

6.42.040 Violations.
Violations of this chapter shall result in a civil penalty in the amount of fifty dollars per violation, with each and every violation constituting a separate and distinct offense.

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: Darren Jernigan

LEGISLATIVE HISTORY

Introduced: July 6, 2010
Passed First Reading: July 6, 2010
Referred to: Budget & Finance Committee
Public Safety Committee
Passed Second Reading: July 20, 2010
Passed Third Reading: August 3, 2010
Approved: August 9, 2010
By: