ORDINANCE NO. BL2017-740

An ordinance amending Chapter 12.52 of the Metropolitan Code of Laws establishing a right for pedestrians to the use of certain streets.

WHEREAS, The Metropolitan Government of Nashville and Davidson County recognizes that Nashville and Davidson County currently have an insufficient network of sidewalks, especially in residential areas; and

WHEREAS, the Council also recognizes the need for increasing the number and mileage of sidewalks in Nashville and Davidson Council; and

WHEREAS, the Council realizes that in the near future, regardless of best efforts, there may not be a sufficient network of sidewalks in residential areas in Nashville and Davidson County and action must be taken to provide for the safety of pedestrians and drivers in these areas.

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

Section 1. That Section 12.52.080 of the Metropolitan Code of Laws is hereby amended by deleting the section in its entirety and substituting in lieu thereof the following:

12.52.080 - Pedestrians on highways and roadways.

A. Where a sidewalk is provided and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.

B. Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

C. Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall have the right-of-way and shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.

D. Where neither a sidewalk nor a shoulder is available, any pedestrian walking on the left side of a two-way public roadway in a residential area shall have the right to the use of a three foot section of the street measured from the edge of the street and shall have the right-of-way thereon.

E. Vehicle drivers, when overtaking and passing in either direction a pedestrian complying with subsection D, shall leave a distance of at least three feet from the pedestrian. Under these conditions, the vehicle driver shall also slow to a reasonable speed and drive with reasonable and due care to ensure the safety of all road users.

F. Except as otherwise provided in this title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

G. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than fifty dollars. Each violation of this section shall be deemed a separate offense.

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

Sponsored by: Anthony Davis, Freddie O'Connell, Jeff Syracuse, Burkley Allen, Jeremy Elrod, Angie Henderson

LEGISLATIVE HISTORY
Introduced:	June 6, 2017
Passed First Reading:	June 6, 2017
Referred to:	Public Works Committee Public Safety, Beer, and Regulated Beverages Committee Traffic, Parking & Transportation Committee
Passed Second Reading:	June 20, 2017
Passed Third Reading:	July 6, 2017
Approved:	July 10, 2017
By: