ORDINANCE NO. BL2015-95

An ordinance amending Section 6.75.410 of the Metropolitan Code of Laws to authorize the Metropolitan Transportation Licensing Commission to adopt regulations related to the operational hours of pedicab and pedal carriages within certain portions of Nashville and Davidson County.

WHEREAS, Tenn. Code Ann. §55-26-101, et seq. authorizes a metropolitan government to authorize, regulate, and control the commercial use of pedal carriages and rickshaws as modes of transportation for hire within entertainment, dining, scenic, or historic areas of the center city; and

WHEREAS, pursuant to Tenn. Code Ann. § 55-26-102, metropolitan governments may authorize, regulate and control the commercial use of pedal carriages and rickshaws as modes of transportation-for-hire within entertainment, dining, scenic and/or historic areas of the center city, provided that any such ordinance is reasonably related to promotion and protection of the health, safety and welfare of operators, passengers, pedestrians, motorists and others visiting or working within the center city.

WHEREAS, § 2.01(22) of the Charter of the Metropolitan Government of Nashville and Davidson County gives the Metropolitan Government the power and authority to regulate the operation of vehicles held out to the public use for hire; and

WHEREAS, the Metropolitan Council of Nashville & Davidson County previously enacted Ordinance no. BL2014-925 authorizing The Metropolitan Government of Nashville and Davidson County to regulate the commercial use of pedicab and pedal carriages within certain portions of Nashville and Davidson County; and

WHEREAS, Chapter 6.75 of the Metropolitan Code of Laws authorizes the Metropolitan Transportation Licensing Commission or its staff to establish routes and zones within which pedal carriages and pedicabs shall operate; and

WHEREAS, a regulation of the hours of operation is reasonably related to the promotion and protection of the health, safety and welfare of operators, passengers, pedestrians, motorists and others visiting or working within the center city of Nashville and Davidson County; and

WHEREAS, it is in the interest of public safety and welfare that the Council desires to authorize the further regulation of the hours of operation for pedal carriages and pedicabs, and that such regulation is best enacted and enforced by the Metropolitan Transportation Licensing Commission.

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

Section 1. Chapter 6.75 of the Metropolitan Code of Laws is hereby amended by deleting the provisions of Section 6.75.410 thereof and substituting the following:

6.75.410 - Operating area.

Pedal carriages and pedicabs shall operate upon the streets within the metropolitan area on routes or zones, and within hours of operation, established by the MTLC or its staff. Any deviation from these approved routes, zones, or hours of operation must be approved by the MTLC or its staff. Any approved deviation must be reported to the MTLC or the MTLC director staff prior to beginning of operations.

Section 2. 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: Jeremy Elrod, Freddie O'Connell, Kathleen Murphy

LEGISLATIVE HISTORY
Introduced:	December 15, 2015
Passed First Reading:	December 15, 2015
Referred to:	Public Works Committee Traffic, Parking & Transportation Committee
Passed Second Reading:	January 5, 2016
Referred to:	Convention, Tourism, and Public Entertainment Facilities Committee
Passed Third Reading:	January 19, 2016
Approved:	January 25, 2016
By: