ORDINANCE NO. BL2016-498

An ordinance to amend Chapter 13.20 of the Metropolitan Code to require approval by the Metropolitan Council for obstructions or excavations which close or occupy any portion of the public right of way for a period in excess of one (1) year.

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, obstructions and excavations which close or occupy the public right of way pose significant hardships upon pedestrians, motorists, and passersby attempting to negotiate safe passage from one location to another; and

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to require approval of the Metropolitan Council for any obstruction or excavation which closes or occupies any portion of the public right of way for a period in excess of one (1) year.

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

Section 1. That subsection A of section 13.20.020 of the Metropolitan Code be amended by adding the following sentence at the end thereof:

A. No person shall dig or cause to be dug any excavation nor cause any obstruction to be constructed or placed in, on, over or under 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 excavation or obstruction within the jurisdiction of the metropolitan government without having first applied for and obtained from the director a permit to do so. In no event shall any obstruction or excavation close or occupy any portion of the public right of way for a period in excess of one (1) year without the approval of the metropolitan council by resolution adopted by twenty-one affirmative votes.

Section 2. That subsection B of section 13.20.030 of the Metropolitan Code be amended by adding the following sentence at the end thereof:

B. 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. No public way shall be closed in excess of one (1) year without the approval of the metropolitan council by resolution adopted by twenty-one affirmative votes.

Section 3. That subsection E.1 of section 13.20.030 of the Metropolitan Code be amended by deleting it in its entirety and replacing it with the following in lieu thereof:

1. Permits shall be issued for temporary obstructions only. Temporary obstructions may not exceed one (1) year. Additional or cumulative permits may not be issued if the result would allow for obstructions exceeding one (1) year. Permanent obstructions are prohibited. Except as hereinafter provided, the fee for an obstruction permit shall be fifty-five dollars per day per location.

Section 4. This ordinance shall take effect upon its adoption, the public welfare requiring it.

Sponsored by: Jeremy Elrod, Bob Mendes, Nick Leonardo, Nancy VanReece