ORDINANCE NO. BL2015-1146

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for annually-paid parking for free-floating car-sharing organization vehicles in parking meter zones and amending Section 12.42.070 of the Metropolitan Code to allow free-floating car-sharing vehicles to be exempt from the limitations imposed on vehicles lacking a residential parking permit when parking in a residential parking permit area.

WHEREAS, car sharing is a membership-based service that allows qualified drivers to temporarily use any car in a fleet of vehicles on a per-use fee basis; and,

WHEREAS, car sharing is intended to provide an alternative to exclusive car ownership; and,

WHEREAS, car sharing complements the use of public transportation by providing an option for shorter time and shorter distance trips that might not otherwise be practical using transit; and,

WHEREAS, free-floating car sharing offers additional flexibility and mobility options for individuals, including residents of the Metropolitan Government area; and,

WHEREAS, the September, 2014 Multimodal Mobility Study stated that, “parking is likely to continue to be a major concern in downtown, given the anticipated growth in the area. This project calls for continuing to evaluate parking enterprise options and implementing innovative technologies and policies that are designed to alleviate parking constraints in the study area . . . . “; and,

WHEREAS, as a condition of the free-floating car sharing permit, the Metropolitan Department of Public Works will require applicants to provide regular reports during the term of the permit to assess the effectiveness and impacts of free-floating car sharing; and,

WHEREAS, while The Metropolitan Government is willing to consider some accommodation of free-floating care share services in the public-right-of-way, it may not be possible to accommodate unlimited growth of free-floating car share vehicles in the public right-of-way; and,

WHEREAS, The Metropolitan Government is creating a free-floating car share pilot program that will allow free-floating car sharing vehicles to park in the public right-of–way; the Metropolitan Government intends to periodically monitor program implementation and assess the benefits and any negative unintended consequences to ensure appropriate policies are in place, including the number of public right-of-way spaces that can accommodate this service.

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

Section 1. That Chapter 12.44 of the Metropolitan Code is hereby amended by adding the following new section 12.44.085:

12.44.085 – Annually-paid metered parking for car-sharing organization vehicles.

A. For purposes of this ordinance,

1. “Free-floating car sharing” means a system in which a fleet of vehicles is made available for use by members of a free-floating car sharing organization whereby: a) persons or entities that become members are permitted to use free-floating car sharing vehicles from the fleet on a limited, fee-per-use basis; b) free-floating car sharing vehicles may be parked in any on-street legal, available parking within the free-floating zone pursuant to meeting the standards and restrictions set forth in this section; and c) a separate written agreement is not required each time a member reserves or uses a vehicle from the fleet.

2. “Free-floating Zone” or “FFZ” means a geographic area with a delineated boundary in which a free-floating car sharing vehicle may be parked in a legal, on-street space, to be approved by the Traffic and Parking Commission.

3. “Free-floating car sharing permit” means a permit issued by the Metropolitan Department of Public Works to vehicles in a free-floating car sharing fleet that allows each free-floating car sharing vehicle to utilize the parking privileges authorized through the free-floating car sharing program as described below in subsections B and C.

B. Notwithstanding the provisions of Section 12.44.040, no contemporaneous parking payment shall be required for a vehicle with a free-floating car-sharing permit parked in a metered parking space located within the Free-floating Zone.

C. The Department of Public Works shall have the authority and responsibility for issuing to car-sharing organizations free-floating car sharing permits for their vehicles permitted as such. The free-floating car sharing permits shall only be available for passenger cars. Each permit shall be valid for a period of one year and the stickers shall be issued at the time the permit is issued. The Department of Public Works shall be entitled to collect an annual fee from the applicant for each free-floating car sharing permit issued, to include an application fee for the administrative review and processing of the application and a permit fee calculated in a manner designed to compensate for the lost meter revenue, in an amount to be set by the Traffic and Parking Commission, to be adjusted annually based on actual meter use in paid parking areas per subsection E.8., below. The portion of the permit fee for the Free-floating car sharing permits that is designed to offset the administrative costs of processing the application shall be deposited in the general fund of the general services district to assist in offsetting the costs incurred by the Department of Public Works for issuance of the permits. The portion of the permit fee for the free-floating car sharing permits that is designed to compensate for the lost meter revenue shall be deposited in the separate account earmarked for traffic and parking improvements consistent with the requirements of Charter Section 11.907.

D. Any applicant seeking a free-floating car sharing permit shall complete an application form and agreement in forms approved by the Director of the Department of Public Works, or his or her designee. The applicant car-sharing organization shall include a listing of the year, make, model, tag number and VIN number of each vehicle included in the organization’s permit, as well as providing other information deemed necessary and appropriate by the Department and shall update this list with the Department within ten (10) days of any change thereto. The Department of Public Works shall determine eligibility for a permit as a car-sharing organization. Any denial of a permit by the Department may be appealed to the Traffic and Parking Commission.

E. Free-floating car sharing parking

1. In order to qualify for the free-floating car sharing program as set forth in this section, all of the following standards must be met:

a. Permittee must obtain a free-floating car sharing permit for each free-floating car sharing vehicle by paying the free-floating car sharing permit fee to the Department of Public Works;

b. Free-floating car sharing vehicles must be parked in the Free-floating Zone at the conclusion of each use as stated in the permit;

c. Each free-floating car sharing vehicle permitted by the Department of Public Works shall display a permit and contact information, in a manner determined by the Department of Public Works;

d. Each free-floating car sharing vehicle must be registered with the Metropolitan Department of Public Works free-floating car sharing program;

e. Free-floating car sharing permits are not transferable between vehicles and are void if transferred between vehicles;

f. Permittee shall comply with the terms of the free-floating car sharing permit;

g. Permittee shall move each free-floating car sharing vehicle within 36 hours of its being parked in any on-street parking space within the FFZ;

h. Permittee shall utilize on-street parking within the Metropolitan Government’s rights-of-way in compliance with all applicable federal, state and Metropolitan laws and regulations;

i. Permittee must demonstrate that the free-floating car sharing vehicles have the technical capacity to accurately track each permitted vehicle’s actual meter use in paid parking areas, such as GPS or other technology, and provide regular reports to the Department of Public Works to verify such use, which permittees shall certify under oath are correct; a false certification shall be cause for a revocation of all of the permittee’s vehicle permits;

j. Permittee must make all records supporting the tracking of vehicles and any other relevant information relating to the reporting requirement described in section i., above, available for inspection by Public Works staff upon demand;

k. Permittee must execute an indemnification of the Metropolitan Government in a form approved by the department of law and submit it with its annual permit application; and,

l. A permittee must provide proof of insurance on an annual basis with the application in an amount and with policy terms satisfactory to the Metropolitan Director of Insurance. The permittee must give the Metropolitan Director of Insurance 30 days notice in advance of any change to or termination of permittee’s insurance coverage.

m. A toll-free phone number staffed 24/7 that a holder of a residential parking permit can call to request that a free-floating car-sharing vehicle parked in a residential parking permit area be moved, or that any person can call to report that a free-floating car-sharing vehicle has been parked in any location or parked legally in any location for longer than 36 hours, shall be prominently displayed on each free-floating car-sharing vehicle at all times. Upon receipt of a call to this hotline, the permitted free-floating car-sharing vehicle service shall move its referenced free-floating car-sharing vehicle, if parked as described above, within 3 hours of receipt of the call.

2. Violations of any of the standards listed above in subsection E.1. shall constitute a basis for a suspension or revocation of the permittee’s free-floating car sharing permits by the Traffic and Parking Commission following notice to the Permittee and a hearing before the Commission.

3. The Department of Public Works may issue up to the maximum number of allowed free-floating car share permits annually. The maximum number of free-floating car sharing permits allowed shall be established by the Traffic and Parking Commission based on an analysis of available on-street parking spaces within the free floating car sharing area, and existing and anticipated future usage thereof. The Traffic and Parking Commission may seek advice from the Planning Department as to anticipated future use of on-street parking.

4. Non-payment of outstanding meter usage fees by permittee pursuant to subsections C., above, and E.8., below, serves as a basis for the Department of Public Works to deny renewal of annual permits and issuance of additional permits to the same permittee.

5. During all hours when it is otherwise lawful to park in specified parking spaces within the Free-Floating Zone, free-floating car sharing vehicles that comply with this section may park for up to 36 hours in parking spaces regulated by a parking payment device without displaying a payment receipt or feeding the meter and without regard to posted time limits and in any other parking space in the public right-of-way not otherwise restricted for exclusive use.

6. Free-floating car sharing vehicles shall be prohibited from parking in the following zones or areas: a) zones designated as bus zones; b) loading and unloading zones; c) safety zones and fire lanes; d) taxicab stands; e) tow-away zones; f) exclusive permit-only parking areas; g) valet parking permitted locations; h) horse-drawn carriage stands; i) the footprint of any area subject to a special event permit; j) traffic restricted lanes; k) musicians’ loading only areas; l) spaces designated as police parking only; m) reserved parking (bagged meters); n) food truck zones; and o) any other area where on-street parking is restricted by law.

7. Free-floating car-sharing vehicles shall be prohibited from parking in a parking space reserved for a person with a disability, unless the member of the free-floating car sharing organization utilizing the free-floating car sharing vehicle meets the criteria for special parking privileges under T.C.A. Section 55-21-101 et seq. and the disabled parking placard is obtained and displayed as described in T.C.A. 55-21-103 for the duration of the time the free-floating car sharing vehicle is parked within the parking space reserved for a person with a disability.

8. Permittee must provide a report to the Department of Public Works at an address specified in the free-floating car sharing permit that provides data showing actual paid parking meter use for each free-floating car share vehicle for the preceding year. The report shall be submitted not later than January 31 of each year. In the event a free-floating car sharing operator’s total actual meter use in paid parking areas during the prior permit term exceeds the total paid for the prior permit period as provided in subsection C of this section, above, the free-floating car sharing permittee shall reimburse Metro for the difference no later than February 28 of each year. If the parking charges are found to be less during the prior permit term, the Traffic and Parking Commission will issue the Permittee a credit for the following year by reducing the annual permit fee. Rates shall be adjusted higher or lower by the Traffic and Parking Commission every year going forward based on the previous year’s data.

9. The Traffic and Parking Commission is further empowered to adopt regulations governing the provision of free floating car sharing services and interpreting the provisions of this section to the extent not inconsistent with this section. Violations of any such regulations adopted by the Traffic and Parking Commission shall be enforceable in the same manner provided for in subsection E.2. above.

Section 2. Section 12.42.070 of the Metropolitan Code is hereby deleted in its entirety and replaced with the following:

12.42.070 – Exemption from residential permit parking area.

A. Service vehicles parking in residential parking areas while making service calls to residential dwellings within the area shall be exempt from the posted time limits. Such service vehicles shall display in the windshield on the driver’s side of the vehicle a work slip showing the name and address of the residence being serviced.

B. Notwithstanding the provisions of subsection 12.44.085.E.6.f, free-floating car sharing vehicles displaying a free-floating car sharing permit in a clearly visible location on the vehicle determined by the Department of Public Works shall be exempt from being subject to the limitations imposed on vehicles lacking a residential parking permit, provided however, that parking is permitted.

Section 3. The Metropolitan Police Department and the Department of Public Works shall take the appropriate action necessary to educate parking patrol personnel regarding the provisions and enforcement of this Ordinance.

Section 4. The Metropolitan Clerk is directed to send a copy of this Ordinance to the Director of Public Works and to the Chief of Police.

Section 5. A pilot program to allow free-floating car sharing vehicles in the public right-of-way is established by this Ordinance. The Traffic and Parking Commission or its designee shall periodically monitor program implementation and assess the benefits and any negative unintended consequences to ensure appropriate policies are in place, including the number of public right-of-way spaces that can accommodate this service, and if in so doing the Commission determines that any changes to this Ordinance are needed, it shall recommend the same to the Metropolitan Council.

Section 6. 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: Burkley Allen, Anthony Davis, Peter Westerholm, Karen Johnson

LEGISLATIVE HISTORY
Introduced:	June 2, 2015
Passed First Reading:	June 2, 2015
Referred to:	Budget & Finance Committee Public Works Committee Traffic, Parking & Transportation Committee
Passed Second Reading:	June 16, 2015
Passed Third Reading:	July 7, 2015
Approved:	July 8, 2015
By: