SUBSTITUTE ORDINANCE NO. BL2013-476

An ordinance amending Chapter 6.81 of the Metropolitan Code pertaining to regulation of booting services.

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

Section 1. That Section 6.81.005 of the Metropolitan Code is hereby amended by adding the following new definition:

“Business parking lot” means a parking lot or garage for use by patrons of a particular business or businesses for which no parking fee is charged.

Section 2. That Section 6.81.010 of the Metropolitan Code is hereby amended by deleting the following sentence in its entirety:

“Booting by booting services shall be restricted to attended or unattended commercial parking lots.”

Section 3. That Section 6.81.040 of the Metropolitan Code is hereby amended by deleting the phrase “five hundred thousand dollar single limit” and substituting with the phrase “one million dollar single limit, one million dollar umbrella”.

Section 4. That Section 6.81.170 of the Metropolitan Code is hereby amended as follows:
1. By deleting the phrase “the property of a commercial establishment”, wherein it appears in subsection A., and substituting with the phrase “a business parking lot”.
2. By deleting subsection D. in its entirety and re-lettering the remaining subsections accordingly.
3. By adding the follow new provisions as subsections F. and G.:
“F. For a booting service to make any payment to an owner, employee, agent, or person in possession of a commercial parking lot in excess of the reasonable and customary parking fee ordinarily charged by the parking lot thereon.
G. For any vehicle immobilization service to be licensed hereunder if that vehicle immobilization service is also engaged in the business of parking lot ownership or owns the property where vehicle immobilization services are being performed.”

Section 5. That Section 6.81.180 of the Metropolitan Code is hereby amended as follows:

1. By deleting subsection C. in its entirety and substituting with the following new subsection C.:

“C. If a boot is placed on a vehicle parked at an unattended commercial parking lot for failure to pay the required parking charge, the owner or operator of the unattended commercial parking lot may require the owner of the vehicle to pay the applicable booting removal fee plus all unpaid parking fines in order to have the boot removed.”

Section 6. That Section 6.81.200 of the Metropolitan Code is hereby amended by adding the following new subsection D.:

“D. The maximum suspension period for any one violation of this article shall be sixty (60) days.

Section 7. 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: Sean McGuire, Frank Harrison

LEGISLATIVE HISTORY
Introduced:	June 4, 2013
Passed First Reading:	June 4, 2013
Referred to:	Traffic, Parking and Transportation Committee
Deferred:	June 18, 2013
Deferred:	July 2, 2013
Substitute Introduced:	July 16, 2013
Passed Second Reading:	July 16, 2013
Passed Third Reading:	August 6, 2013
Approved:	August 8, 2013
By: