ORDINANCE NO. BL2013-422

An ordinance amending Chapter 12.42 of the Metropolitan Code pertaining to the procedure to be followed in designating residential permit parking areas.

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

Section 1. That Section 12.42.040 of the Metropolitan Code is hereby amended by deleting subsections B. and C. in their entirety and substituting with the following new subsections B. and C.:

“B. Upon determining that the designation of the area as a RPP area is in the best interest of the businesses and constituents of the district, the district councilmember shall submit the petition with a written recommendation to the chief traffic engineer for review by staff of the traffic and parking commission.
C. The chief traffic engineer shall recommend, by report to the traffic and parking commission, whether to designate the area under consideration as a RPP area, specifying the time or limitations recommended and proposed fees, or whether to remove the designation in the case of an established RPP area. Prior to placing the matter upon a traffic and parking commission agenda, the chief traffic engineer shall provide at least thirty (30) days written notice to the district councilmember. The traffic and parking commission shall approve or disapprove the recommendation of the chief traffic engineer.”

Section 2. That Section 12.42.050 of the Metropolitan Code is hereby amended by deleting subsection A in its entirety and substituting with the following new subsection A.:

“A. Once a residential permit parking area has been approved by the traffic and parking commission, no action shall be taken by the department of public works to erect signs designating the area as a RPP area until sixty (60) days have elapsed after the date the commission takes action, during which time any resident or business located within the designated area shall have the opportunity to appeal the decision by writ of certiorari to the Circuit or Chancery Courts of Davidson County in the event of an alleged procedural violation or if the decision was allegedly arbitrary or capricious. After the sixty (60) day period has elapsed during which time no appeal was filed, the chief traffic engineer or his designee shall install parking signs on the streets designated as a residential permit parking area. The signs shall indicate the times under which parking shall be by permit only.”

Section 3. 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: Sandra Moore