ORDINANCE NO. BL2016-206

An ordinance to amend Chapter 13.20 of the Metropolitan Code of Laws to authorize by permits private snow plow services.

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

Section 1: That Chapter 13.20 of the Metropolitan Code of Laws is hereby amended by deleting section 13.32.50 (Reserved) thereof and substituting in lieu thereof the following:

13.32.50 – Private Snow Plow Service Permits

A. As used in this chapter, the following definitions apply:

"Director" means the director of the metropolitan government department of public works or his designee.

“Homeowners association” means a formal legal entity comprised of property owners within a single subdivision, development or common area with the legal authority to enforce codes, covenants and restrictions addressing common property restrictions, building, maintenance and safety issues on behalf of and upon its members.

“Neighborhood association” means a voluntary organization comprised of residents, property owners and/or business owners organized to improve and maintain the quality of life within a neighborhood through organized activities, communications, and advocacy on behalf of its residents or property owners.

"Obstruction" means any structure, embankment, device, item or thing placed or existing within the right-of-way of the metropolitan government which hinders, impedes or affects the flow of traffic, whether such obstruction is permanent or temporary.

"Person" means any and all persons, natural or artificial, including but not limited to any individual, firm, association, partnership or corporation.

"Private snow plow service" means the scraping, removal or displacement of snow and/or ice from any street, road, alley, sidewalk or other public way by automated means by any person other than the Metropolitan Government of Nashville & Davidson County.

B. Permit required.

No person shall provide private snow plow service or otherwise remove snow and/or ice by automated means from any street, road, alley, sidewalk or other public way, nor shall any person close or occupy any portion of the public right-of-way by means of or in connection with any snow plow services or obstruction within the jurisdiction of the metropolitan government without having first applied for and obtained from the director a permit to do so.

C. Permit requirements — Approval, bond, and insurance.
1. A permit authorizing private snow plow service may be issued only upon submission by the applicant of prior written approval from at least one (1) of the following:

(a) the homeowners’ association representing the location where private snow plow services are sought;
(b) the neighborhood association representing the location where private snow plow services are sought;
(c) the district member(s) of the Metropolitan Council representing the area where private snow plow services are sought; or
(d) at least eighty percent (80%) of the occupant(s) of the properties abutting the street, road, alley, sidewalk or other public way in which snow plow services are sought.

For the purposes of this subsection, the written approval shall include the following information: (1) the name, address, telephone number and email address of the approving party; (2) the date upon which approval was granted; (3) the name, address, telephone number and email address of a contact person representing the applicant; (4) the signature of the applicant or applicant’s representative; (5) the signature(s) of the approving party; and (5) such other information as may be required by the director.

2. No private snow plow service permit shall be issued to any person until such person shall first have posted a payment and performance bond satisfactory to the director. The amount of the bond shall be equal to the estimated cost of the work, but shall not be less than forty thousand dollars.

3. It shall be the responsibility of the applicant to furnish to the department of codes administration a permit bond in the amount of forty thousand dollars, conditioned to conform to the requirements of this chapter and all applicable laws, ordinances, rules and regulations of the metropolitan government relating to the work for which a permit is required, or for work performed by the principal for which a permit should have been obtained; and to indemnify the metropolitan government and property owners against any and all loss by reason of the failure of such person to comply with such laws, ordinances, rules and regulations. Such bond shall be continuous and may not be canceled without at least ten days' prior notice, in writing, to the director of codes administration. The liability of the surety shall continue to attach to work performed pursuant to any permit issued prior to the termination date of the bond even if the non-complying act should occur after the termination date of the bond. The liability of the surety for any and all claims, suits or action under this bond shall not exceed the bond penalty of forty thousand dollars. The bond shall be issued by a U.S. Treasury-listed corporate surety or a Tennessee domestic insurance company on forms provided by the department of codes administration.

4. It shall be the responsibility of the applicant to furnish a current certificate of public liability insurance issued by a Tennessee-licensed company which provides a minimum of one million dollars per occurrence. The certificate of insurance shall name the metropolitan government as an additional insured and may not be canceled without at least thirty days' prior notice, in writing, to the director.

D. Permit issuance, cost and duration.

1. Permits shall be issued by the director to any person qualified under Section 13.32.50 C. of the Metropolitan Code, meeting all other requirements of this chapter, and upon receipt of the appropriate permit fee.
2. The fee for private snow plow service permits shall be fifty-five dollars ($55.00) each. Upon issuance, each permit shall remain valid and effective for a period of three (3) years.

E. Services provided are solely at the expense of the requesting party.

All private snow plow services authorized under this section shall be provided solely at the expense of the requesting party. In no event shall the Metropolitan Government of Nashville & Davidson County be held responsible for the costs or expenses associated with the provision of private snow plow services.

F. Compliance with traffic and safety laws and regulations

All private snow plow services provided by a permitee will be the responsibility of the permittee. The snow plow service activities shall be in accord with, and shall strictly comply with, the Metropolitan Code of Laws, all state and federal traffic and safety laws and regulations, and the specifications of the department of public works. All snow plow service activities shall be subject to the approval of the Director of Public Works.

G. Repair or replacement of sidewalks, pavements and other special structures required—Specifications.

1. Every person providing private snow plow services on any street, road, alley, sidewalk or other public way within the jurisdiction of the metropolitan government shall repair and/or replace all curbs, gutters, sidewalks, or other special structures that are disturbed, displaced or removed in the course of providing such services, solely at the expense of the person providing private snow plow services and in accordance with the standard requirements and specifications of the department of public works. (No additional permit fee shall be required for such replacement.)

2. Pavements or other street surfacing -- other than curbs, gutters and sidewalks -- removed or damaged as a result of private snow plow services on any street, road, alley or other public way within the jurisdiction of the metropolitan government shall be replaced by and at the expense of the person providing such services. The pavement replacement shall be performed by a reputable paving contractor within thirty (30) days of the removal or damage, or within such shorter or longer time as the director may require. All pavement replacement under this subsection shall be made in accordance with the requirements and specifications of the department of public works and shall only be performed during the presence of inspection personnel of the department of public works.

H. Public way closure and traffic-control devices

In connection with the issuance of a permit under this chapter, the director shall have the authority to close temporarily or to authorize temporary closure of any street, road, alley, sidewalk, or any other public way or part thereof when, in the director's opinion, the closing is necessary. No public way shall be closed for any purpose without first obtaining a permit from the director.

In connection with the issuance of a permit under this chapter, the director may install, or may require installation and maintenance of, traffic-control devices. Such devices and their placement shall meet the requirements of the latest edition of the Manual for Uniform Traffic Control Devices (MUTCD).

I. Penalty for violation.

In addition to any other penalty imposed or failure to obtain a permit required under this chapter, if commenced before a permit is issued, the permit fees or any permit subsequently issued for that activity shall be tripled.

J. Regulations.

The director shall have authority, with the approval of the mayor, to implement this chapter by appropriate rules and regulations.

Section 2. That this Ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sheri Weiner, Dave Rosenberg, Angie Henderson

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-206

Mr. President –

I move to amend Ordinance No. BL2016-206 as follows:

I. By amending Section 1 by deleting in its entirety Subsection 2 of Section 13.32.50.C thereof and substituting therefore the following:

2. No private snow plow service permit shall be issued to any person until such person shall first have posted a payment and performance bond satisfactory to the director. The amount of the bond shall be forty thousand dollars, unless otherwise established by the director.

Sponsored by: Sheri Weiner

LEGISLATIVE HISTORY
Introduced:	April 19, 2016
Passed First Reading:	April 19, 2016
Referred to:	Codes, Fair, and Farmers' Market Committee Public Works Committee Traffic, Parking & Transportation Committee
Amended:	May 3, 2016
Passed Second Reading:	May 3, 2016
Passed Third Reading:	May 17, 2016
Approved:	May 18, 2016
By: