ORDINANCE NO. BL2016-239

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for elderly individuals in parking meter zones and public parking facilities.

WHEREAS, the limited availability of convenient affordable parking in and near downtown Nashville is an impediment to the quality of life for many, but particularly for elderly individuals; and

WHEREAS, providing accessible and affordable parking for the elderly will remove a significant obstacle and impediment to the mobility of Nashville’s elderly citizens; and

WHEREAS, the Metropolitan Council desires to implement free parking for elderly individuals through the adoption of a pilot program which provides for free parking in parking meter zones and public parking facilities; and

WHEREAS, the pilot program established pursuant to this Ordinance, which includes a one (1) year sunset provision, will provide an opportunity to examine the effectiveness of the program and its impact on the operations of the Metropolitan Government.

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 12.44.090:

12.44.090 Free metered parking and public parking facility parking for elderly individuals.

A. For purposes of this section, “elderly individual” means an individual sixty-five (65) years of age or older at the time of application.

B. Notwithstanding the provisions of Section 12.44.040, no parking payment shall be required for a motor vehicle owned and operated by an elderly individual, as defined in this section, when parked in a parking metered space or public parking facility located within the boundaries of the Downtown Central Business Improvement District, as designated by Section 2.177.010 of the Metropolitan Code, for a duration not to exceed the posted time limit on the meter or facility if the vehicle is displaying a valid sticker issued by the Davidson County Clerk designating the vehicle as owned and operated by qualifying individual. All vehicles parked must comply with any traffic lane restrictions and cannot park at bagged meters. The applicant elderly individual must be the current driver of the vehicle to which the sticker is affixed. The County Clerk shall determine the proper place on the vehicle to which a sticker is to be affixed so as to maximize visibility for the benefit of parking patrol officers.

C. The Davidson County Clerk shall have the authority and responsibility for issuing parking vehicle stickers for qualifying individuals. The vehicle stickers shall only be available for private passenger vehicles. Each sticker shall be valid for a period of one (1) year. The county clerk shall be entitled to collect an annual fee of $50.00 dollars from the applicant for each vehicle sticker issued. All fees collected for the vehicle stickers shall be deposited in the general fund of the general services district to assist in offsetting the administrative costs incurred by the county clerk for issuance of the stickers and enforcement of the ordinance by the Department of Public Works.

D. The owner-operator of every motor vehicle who applies to obtain a vehicle sticker shall provide the following to the County Clerk in order to establish eligibility: (a) a valid birth certificate, government-issued driver’s license, military I.D. card, or other form of identification deemed sufficient by the County Clerk to establish the applicant’s age; and (b) the year, make, and model of the vehicle to which the sticker shall be affixed.

E. The provisions of this section pertaining to the issuance of parking stickers for elderly individuals shall become effective January 1, 2017 and shall expire and be null and void on January 1, 2018, unless extended by resolution of the Council of the Metropolitan Government of Nashville and Davidson County. This provision, commonly known as a "sunset provision," is included to ensure that the effectiveness and necessity of this section is reviewed by the Metropolitan Council after its adoption. In determining whether the provisions of this section should be extended, the Council shall consider the following information: (1) the number of vehicle owner-operators eligible for free parking as described hereinabove at the time this section is enacted; (2) the number of parking stickers issued in calendar year 2017; (3) the measurable impact on the quality of life for elderly individuals resulting from this ordinance within the area of the Metropolitan Government; and (4) the cost of enforcement and administration of this section.

F. The Department of Public Works shall have the authority to promulgate the necessary regulations consistent with this section to further its implementation.

Section 2. 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 3. The Metropolitan Clerk is directed to send a copy of this Ordinance to the County Clerk of Davidson County, the Director of Public Works, and to the Chief of Police.

Section 4. 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: Sharon Hurt