ORDINANCE NO. BL2014-687

An ordinance to provide for the designation of public property within specified areas of downtown Nashville as a temporary “Special Event Zone” during the time period beginning at six o’clock (6:00) a.m. on Wednesday, April 2, 2014, and ending at six o’clock (6:00) p.m. on Wednesday, April 9, 2014, relative to the use of these areas in conjunction with the 2014 National Collegiate Athletic Association (NCAA) Women’s Final Four Basketball Tournament and related activities and events.

WHEREAS, the City of Nashville is hosting the 2014 NCAA Women’s Final Four Basketball Championship and related activities and events in April 2014; and

WHEREAS, these events will attract thousands of visitors to Nashville and provide the city with national and international exposure to television viewers from around the world; and

WHEREAS, the 2014 NCAA Women’s Final Four Basketball Championship will have a tremendous positive impact on Nashville’s economy; and

WHEREAS, given the thousands of visitors, dignitaries, and media personnel who will be in attendance, it is necessary that certain areas in and around events related to the 2014 NCAA Women’s Final Four Basketball Championship, be regulated and controlled to provide for the public health, safety, and welfare of the above mentioned participants; and

WHEREAS, to that end, it is necessary to establish a Special Event Zone area for the temporary time periods and within the specified boundaries designated in this ordinance.

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

Section 1. There is hereby established a “Special Event Zone” within the area designated on the map attached hereto and incorporated herein, and whose boundaries are described as follows:
Korean Veterans Boulevard from 1st Avenue South westward to 8th Avenue South; 8th Avenue South/Rosa L. Parks Boulevard from Korean Veterans Boulevard northward to Commerce Street; Commerce Street from Rosa L. Parks Boulevard eastward to 2nd Avenue North; 2nd Avenue North from Commerce Street northward to Church Street; Church Street from 2nd Avenue North eastward to 1st Avenue South; 1st Avenue South from Church Street southward to Korean Veterans Boulevard.

Section 2. The Special Event Zone defined in Section 1 hereof shall have a duration beginning at six o’clock (6:00) a.m. on Wednesday, April 2, 2014, and ending at six o’clock (6:00) p.m. on Wednesday, April 9, 2014.

Section 3. Notwithstanding any other provision of the Metropolitan Code to the contrary, the activities described below on public property or in the public right-of-way within the Special Event Zone conducted by any person or entity, except those approved by both the Metropolitan Government of Nashville and Davidson County and the NCAA, shall be regulated as follows:
1. Except for street vendors with a general vending license issued pursuant to Section 13.08.040 of the Metropolitan Code or other persons with a valid license for such purpose issued by the Metropolitan Government, the sale of any food, beverages, goods, or merchandise shall be prohibited on the public streets, sidewalks, alleys, and rights-of-way. Such licensed street vendors shall be limited to selling the types of food, beverages, or merchandise as the vendor identified in its general street vending permit application.
2. No alcoholic beverages shall be provided, served, or sold from any temporary outdoor use.
3. The sale or distribution of merchandise pertaining to the Women’s Final Four or college basketball where it is apparent on its face that the merchandise is not licensed by the NCAA, regardless of whether the person selling or distributing is operating pursuant to a valid permit, exception, or exemption provided for in this Ordinance or elsewhere in the Metropolitan Code, shall be prohibited.
4. Notwithstanding Section 17.32.050 of the Metropolitan Code, temporary and portable signs within the Special Event Zone for displays sanctioned or authorized by the NCAA are permitted. All other such temporary and portable signs are not permitted.
5. No tents or membrane structures of any kind shall be erected except for those tents and membrane structures sanctioned and authorized by the NCAA or erected by the Metropolitan Government for public safety purposes.
6. The construction, placement, occupation, or use of any temporary structure is prohibited except those sanctioned and authorized by the NCAA.
7. The erection or placement of mobile wireless communication facilities are prohibited except those sanctioned by the NCAA or erected by the Metropolitan Government for public safety purposes. Mobile wireless communication facility is defined as a temporary and portable structure, antenna, or trailer that is used to provide or increase wireless cellular communication.
8. The distribution, promotional give-away activity, or provision of free products, services, or coupons (otherwise referred to as “sampling”) is strictly prohibited, provided this shall not apply to written material given away within any Public Participation Area established pursuant to this Ordinance.

Section 4. Nothing in this Ordinance shall be construed as a repeal or suspension of any existing laws prohibiting or governing the issuance of permits outside of the “Special Event Zone” geographical boundaries. Further, nothing in this Ordinance shall be construed as granting a waiver to the NCAA from all licensing and permitting requirements of the Metropolitan Code necessary for the public health, safety, and welfare.

Section 5. One or more Public Participation Areas shall be established by the Metropolitan Government within the Special Event Zone while the Special Event Zone Ordinance is in effect. Each Public Participation Area shall allow for the reasonable expression by the public in a manner that shall not be disruptive to the 2014 NCAA Women’s Final Four Basketball Championship, activities and events. Public Participation Areas shall be provided for during such reasonable times, and in such reasonable locations within the Special Event Zone as to allow for meaningful and effective expression by the public.

Section 6. If any of the provisions of this Ordinance are for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions, and those remaining portions shall be and remain in full force and effect.

Section 7. This Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erica Gilmore

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	February 18, 2014
Passed First Reading:	February 18, 2014
Referred to:	Codes Committee Convention & Tourism Committee
Passed Second Reading:	March 4, 2014
Passed Third Reading:	March 18, 2014
Approved:	March 19, 2014
By: