ORDINANCE NO. BL2016-240

An ordinance to amend Chapter 13.20 of the Metropolitan Code, to allow the Director of the Metropolitan Department of Public Works to adopt rules and standards to endeavor to protect bicycle and pedestrian safety and accessibility in the vicinity of an excavation or obstruction permit and to require a temporary traffic control plan to be submitted by certain permit applicants for that purpose.

WHEREAS, pursuant to Chapter 13.20 of the Metropolitan Code, anyone who excavates in or obstructs the Public Right of Way (for construction or other purposes) is required to obtain a permit from the Metropolitan Department of Public Works; and,

WHEREAS, it is essential to endeavor to protect bicycle and pedestrian safety and accessibility where construction work zones or other excavations and/or obstructions occur along the Public Right of Way; and,

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to authorize the Director of the Department of Public Works (the Director) to adopt rules and standards addressing the care to be taken by such permit applicants with regard to bicycle and pedestrian safety and accessibility in the public right of way and to require that a temporary traffic control plan be submitted by such permit applicants when the duration of such permits will exceed twenty (20) days; and,

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

Section 1. Chapter 13.20, EXCAVATIONS AND OBSTRUCTIONS, of the Metropolitan Code is amended as follows:

Subsection C of Section 13.20.030 (Permit) is amended by adding the following at the end of that subsection:

The director shall adopt rules and standards with regard to this requirement, particularly as to safe accommodation for cyclists and pedestrians, including accessibility for disabled persons, and make compliance therewith a condition upon the issuance of a permit under this chapter. For permits with a duration exceeding twenty (20) days, the permit applicant shall submit a temporary traffic control plan to the director.

Section 2. This ordinance shall take effect upon its adoption, the public welfare requiring it.

Sponsored by: Burkley Allen, Jeremy Elrod, Fabian Bedne, Mina Johnson, Freddie O'Connell, Colby Sledge

LEGISLATIVE HISTORY
Introduced:	May 17, 2016
Passed First Reading:	May 17, 2016
Referred to:	Public Works Committee
Passed Second Reading:	June 7, 2016
Deferred:	June 21, 2016
Deferred:	July 5, 2016
Passed Third Reading:	July 19, 2016
Approved:	July 20, 2016
By: