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STREET AND SIDEWALK REGULATIONS

Metropolitan Code of Nashville and Davidson County tit. 13, div. II, ch. 13.32
in effect

Metropolitan Code of Nashville and Davidson County § 13.32.010 New streets—Designation and naming.

13.32.010 - New streets—Designation and naming. A. All streets running north and south that may be opened or that may be brought into the urban services district shall be numbered consecutively, commencing with the number following that number which has already been given the last street that has been thus numbered. Of these streets herein referred to, those on the west side of the river shall be called "avenues," and those on the east side of the river shall be called "streets." Such streets and avenues shall be called "North" or "South," according as they are north or south of Main Street on the east side of the river, and according as they are north or south of Broadway and West End. B. Such streets and avenues shall be marked by erecting posts and signs with the names thereof upon them, of some durable material or enameled steel, and shall be painted a durable color. It shall be unlawful for any person to deface such signs or posts in any particular. (Prior code § 38-2-19)

Metropolitan Code of Nashville and Davidson County § 13.32.020 Ditch digging—Permit required.

13.32.020 - Ditch digging—Permit required. No person shall make, dig or throw up any ditch, drain, trench, gutter, gully or canal in, through or across any of the streets, lanes or alleys of the urban services district without first obtaining a permit for such purpose from the director of public works, specifying the time when and place where the same is to be done. (Prior code § 38-2-22)

Metropolitan Code of Nashville and Davidson County § 13.32.030 Repair and maintenance—Owner responsibility—Hold harmless agreement.

13.32.030 - Repair and maintenance—Owner responsibility—Hold harmless agreement. A. It shall be the duty of both the owner and the person in possession of any property that adjoins a street, alley or sidewalk in the urban services district to keep and maintain that portion thereof which immediately adjoins and lies along the margin of such street, alley or sidewalk free from dangerous holes, declivities, excavations, obstructions and other defects that constitute a hazard to persons lawfully and properly using the street, alley or sidewalk. Such owner and such person in possession of such property shall erect such fences, rails or barriers along such street, alley or sidewalk as may be necessary to prevent such excavations, holes, declivities, obstructions and other defects from constituting a hazard to persons lawfully and properly using the street, alley or sidewalk. Such owner and such person in possession of such property shall also upon notice from the director of public works, place and securely fasten red warning lights at and along such street, alley or sidewalk; and keep the same burning during the entire night, and shall keep such lights burning each night until such dangerous condition has ceased to exist. B. The owner and person in possession of such property adjoining a street, alley or sidewalk shall indemnify and hold harmless the metropolitan government from any and all damages, losses, claims, charges, costs, suits, and actions of every nature and description that may be brought against the metropolitan government as a result of any injury or damage to persons or property sustained by reason of the violation of or failure to comply with this section or any part thereof, and such owner or person in possession of such property shall be liable over to the metropolitan government. The metropolitan government may recover from such owner or person in possession the full amount of its loss and damage, including all court costs, irrespective of whether there was a joint liability and a joint judgment against the metropolitan government and such owner or person in possession of such property. (Prior code § 38-2-7)

Metropolitan Code of Nashville and Davidson County § 13.32.040 Snow and ice removal—Owner responsibility.

13.32.040 - Snow and ice removal—Owner responsibility. It shall be the duty of every owner or proprietor of any dwelling house, business house or other house abutting on any public street, square or avenue within the fire district to remove or cause to be removed from the sidewalk immediately in front of his premises all snow and ice which may each day accumulate thereon. (Prior code § 38-2-9)

Metropolitan Code of Nashville and Davidson County § 13.32.050 Private snow plow service permits.

13.32.050 - Private snow plow service permits. A. [Definitions.] 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 and 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 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 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 forty thousand dollars, unless otherwise established by the director. 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 13.32.050C. 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 each. Upon issuance, each permit shall remain valid and effective for a period of three 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 and 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 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 for 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. (Amdt. 1 to Ord. BL2016-206 § 1, 2016; Ord. BL2016-206 § 1, 2016)

Metropolitan Code of Nashville and Davidson County § 13.32.080 Encroachments prohibited—Notice to abate.

13.32.080 - Encroachments prohibited—Notice to abate. It is unlawful for any person who owns, or, as agent of an owner, is in control of any property in the urban services district, to have, maintain or hereafter cause to be erected, within or upon any street, alley, highway or wharf or any part thereof, any house, fence, wall or building. Any person who has innocently erected such an encroachment shall be entitled to receive written notice of such encroachment from the director of public works and shall be given ten days from the receipt of such notice in which to remove such encroachment. (Prior code § 38-2-4)

Metropolitan Code of Nashville and Davidson County § 13.32.100 Removal of obstructions—Offender's responsibility.

13.32.100 - Removal of obstructions—Offender's responsibility. A. No person or other entity shall permit any rocks, wood, lumber, abandoned property or other obstruction whatsoever, other than a legally parked motor vehicle, to remain on the public square or any street, public right-of-way, sidewalk, or alley. Officers of the metropolitan police department, Nashville Fire Department, and Nashville Department of Transportation and Multimodal Infrastructure (NDOT) shall cause the prompt removal of such material or obstruction, whether by the person or entity responsible for the obstruction or otherwise. B. In addition to any penalty imposed for the violation of this section, the person or entity offending shall be liable to pay the reasonable expense of removing and disposing of such material or obstruction, together with all costs of storage and administrative costs. C. For purposes of this section, abandoned property shall mean personal property, other than a motor vehicle, that is not the property of the metropolitan government, that is not the subject of an encroachment permit or other lawful metro permit, that does not consist of utility infrastructure and that is placed in a public place or public right-of-way: i. For at least forty-eight continuous hours, ii. In a manner that interferes with vehicular or pedestrian traffic or otherwise creates a reasonable safety concern, or iii. The owner of the property is arrested for violation of Tenn. Code Ann. Sections 39-17-307 or 62-30-101 et seq., or any other applicable criminal law. (Ord. BL2023-1647 § 3, 2023; prior code § 38-2-6)

Metropolitan Code of Nashville and Davidson County § 13.32.105 Impoundment and disposal.

13.32.105 - Impoundment and disposal. A. Property removed from the public right-of-way or other publicly owned location pursuant to Section 13.32.100 shall be taken to a place of impoundment designated by the chief of police or director of NDOT. The director of NDOT shall have authority to make regulations to address the procedure for property removal, forfeiture, sale, and redemption. B. If present at the time of the removal, the owner of property to be removed from the public right-of-way shall be given a receipt, which shall include the following information: i. A complete list of the removed items; ii. A complete list of the items disposed of at the time of the removal; iii. The impoundment location, including operating hours; and iv. The name, title and contact information of the official authorizing the removal and impoundment. If not present at the time of the removal, reasonable efforts shall be made to notify the owner of any removed property and provide the owner with a receipt as described hereinabove. In no event shall perishable items be impounded; any such perishable items shall be immediately disposed of for health reasons at the time of impoundment. The metropolitan government shall retain a copy of all receipts and notices provided to owners whose property has been removed, destroyed, or impounded. C. The metropolitan government shall have no liability to the owner of the property for the disposal of or damage resulting from the removal or storage of the removed property. An owner seeking to recover removed property shall pay the metropolitan government's reasonable costs incurred in removal and storage at the time of recovery. Removed property remaining unclaimed after ten business days shall be deemed forfeited and may be disposed of by sale or otherwise. (Ord. BL2023-1647 § 2, 2023)

Metropolitan Code of Nashville and Davidson County § 13.32.110 Public nuisances prohibited.

13.32.110 - Public nuisances prohibited. No person shall take, carry, expose or place in or upon any street, alley or sidewalk any substance, animal or thing which is or is likely to become a public nuisance, or which shall imperil the life, health or safety of any person who is or may properly be in or on such street, alley or sidewalk or which, through the giving off of odors or noises, shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk. (Prior code § 38-2-21)

Metropolitan Code of Nashville and Davidson County § 13.32.120 Barbed wire fences prohibited—Exceptions.

13.32.120 - Barbed wire fences prohibited—Exceptions. A. It is unlawful for any person to erect a fence along any sidewalk in the urban services district with barbed wire or razor wire, or a fence of any kind on which barbed wire or razor wire is used; provided, that this section shall not be construed to prevent anyone from stretching a single strand of barbed wire on the top of any fence over seven feet high to prevent anyone from climbing over the same. B. All fences described in subsection A are also declared to be nuisances and dangerous to the public, and it shall be the duty of the owner of such fence to remove the same within five days after due notice from the director of public works. (Ord. BL2004-427 § 1, 2004; prior code § 38-2-15)

Metropolitan Code of Nashville and Davidson County § 13.32.140 Dumping fires or burning cinders prohibited.

13.32.140 - Dumping fires or burning cinders prohibited. It is unlawful to place, make or dump any fire or burning cinders upon any street, alley, public way or square, the surface paving of which may be injured, damaged or deteriorated by reason thereof, except for the purpose of preparing, removing, reconstructing or repairing such paving. (Prior code § 38-2-12)

Metropolitan Code of Nashville and Davidson County § 13.32.150 Burning leaves or trash prohibited.

13.32.150 - Burning leaves or trash prohibited. It is unlawful to burn any leaves, trash, refuse matter or other inflammable material on any sidewalk or pavement or in any street within the urban services district. (Prior code § 38-2-11)

Metropolitan Code of Nashville and Davidson County § 13.32.160 Curb service of food or merchandise—Regulations.

13.32.160 - Curb service of food or merchandise—Regulations. The following rules and regulations with reference to the serving of food or drinks and the sale of other merchandise to passengers in vehicles in or near streets shall be enforced by all police officers and it shall be unlawful for any storekeeper, merchant or purveyor of food, drinks, service or merchandise to violate any of the following regulations: A. Automobiles shall not encroach on spaces set aside for pedestrian traffic and shall not park so as to interfere with the use of sidewalks or pedestrian traffic. B. All vehicles, the occupants of which desire service at the curb, shall be parked parallel with the curb, facing the direction of traffic on the side of the street on which the store is located. C. Parking shall be permitted only within the property lines of the store at which service is sought, where space is available. D. Loud or continuous blowing of horns is prohibited. E. Containers, bottles, straws, tissue napkins or trash shall not be thrown into the street or gutter. F. Driveways across sidewalks into drive-in stations on private property are permitted, subject to the approval of plans by the director of public works. (Prior code § 38-2-20)

Metropolitan Code of Nashville and Davidson County § 13.32.165 Sidewalk cafe dining facilities.

13.32.165 - Sidewalk cafe dining facilities. A. Sidewalk cafe dining facilities are authorized to be located within the public right-of-way, not including parking, unloading/loading, and travel lanes, subject to the rules and regulations of subsection D. Revisions to said regulations shall require the approval of the director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") and the approval of the metropolitan council by ordinance. B. Any person who maintains and/or operates any sidewalk cafe dining facility within any public right-of-way without first obtaining a permit from the metropolitan government shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed the amount specified at Section 1.01.030 of the Metropolitan Code, and each day that such violation continues to occur shall be deemed a separate offense. C. Any person making application for a permit to operate a sidewalk cafe dining facility shall, in addition to filing the appropriate application as required by NDOT, pay to the metropolitan government a nonrefundable fee of one hundred dollars to cover the cost of processing such application and an annual fee per square foot for right-of-way use at a rate determined by NDOT. If a renewal of the permit is desired, an application for renewal must be made at least thirty days prior to the expiration of the existing permit and must be accompanied by the nonrefundable fee of one hundred dollar as well as the annual fee per square foot for right-of-way use. D. Rules and Regulations. 1. Operation of sidewalk cafe dining facilities shall require a permit from NDOT. Such permits shall be available throughout the jurisdiction of Metropolitan Nashville and Davidson County. For the purposes of this section, a "sidewalk cafe dining facility" means an area adjacent to a street level restaurant or equivalent eating or dining establishment, located within the public right-of-way, not including parking, unloading/loading, and travel lanes, and used for dining, drinking and related activities. A sidewalk cafe dining facility may provide waiter or waitress services or may be self-service. Compliance with sidewalk cafe dining guidelines may be required as part of the permit process. 2. All permits issued pursuant to this section shall be for a period of one year, renewable annually, and must be posted on the premises. If an applicant is not the owner of the property abutting the requested right-of-way, such application must have written approval by the owner of said property. Both the applicant and the owner of the abutting property, if different from the applicant, are responsible for any damage to the public right-of-way arising out of operation of the sidewalk cafe dining facility, and must immediately restore the right-of-way upon request to the specifications of the director of NDOT. 3. Each application must be accompanied by a plan showing all proposed activities to be conducted upon the public right-of-way not including the parking, unloading/loading or travel lane, etc. and all items proposed to be placed upon said right-of-way. A description of the area proposed to be encumbered must accompany each application. No stakes, rods, support poles or holes for whatever purpose are allowed to be drilled in the public right-of-way. No permanent fixtures are permitted in the public right-of-way. No outside sandwich board signs are permitted in the right of way. The right-of-way used for sidewalk cafe must be maintained in a safe manner and disability accessible and free of pedestrian hazards. 4. The plan so presented at the time application is sought must include every activity proposed to be conducted upon the public right-of-way. For example, if food service is planned for the sidewalk area, the application must so state. If any entertainment or music is contemplated, the application must disclose this in detail. Anything not specifically included in an application will be considered to be excluded. 5. A minimum of five feet of sidewalk must be left clear for pedestrian traffic (measured from the edge of the encroachment to the curb or to any other obstruction, such as parking meters, signposts, etc.) and placement must not obstruct ingress or egress from vehicles parked at the curb. In cases where the sidewalk does not allow for five feet of sidewalk clearance, the applicant must demonstrate via a diagram that a minimum of four feet of sidewalk clearance will be maintained. 6. The area surrounding the sidewalk cafe dining location must be kept completely free of debris, trash or litter of any type. Such cleanup and maintenance shall be the joint responsibility of the applicant and the property owner, if different from the applicant. 7. Sidewalk cafe dining facilities must not obstruct any doorway and must have thirty-six inches minimum access opening from the edge of the encroachment. 8. The applicant shall hold harmless and indemnify the metropolitan government from any and all liability resulting from personal injury or property damage resulting in any way from the operation of sidewalk cafe facilities, including court costs and attorneys' fees. Proof of insurance in an amount of not less than one million dollars in a form acceptable to the metropolitan government from a company licensed to do business in the State of Tennessee must be furnished with the application. 9. The sale and consumption of beer and other alcoholic beverages at sidewalk cafe locations is permitted if the requirements of all pertinent laws, rules and regulations for the sale and consumption of beer and/or alcoholic beverages have been met prior to the filing of any application sought pursuant to these regulations. If beer and other alcoholic beverages are served at the sidewalk cafe, the applicant must provide proof of liquor liability insurance in an amount of not less than one million dollars in a form acceptable to the metropolitan government from a company licensed to do business in the State of Tennessee must be furnished with the application. 10. Food preparation on the public right-of-way is prohibited. 11. Any permit issued pursuant to this section may be immediately canceled or suspended by the director of NDOT for any reason and at any time. The metropolitan government shall have the right, at any time and for any reason, with or without notice, to remove from the public right-of-way any and all items placed thereon pursuant to any permit issued under this section, and to dispose of same in any manner without liability to the permit holder or to any other party; provided, however, that the director of NDOT shall use best efforts to provide at least twenty-four hours' notice to any permit holder whose operations will be affected by the provisions of this section. 12. All permits issued pursuant to this section shall be kept and displayed in a conspicuous manner that is visible to the public in the sidewalk face dining facility for which it is issued, such as displayed in an outward facing window. (Ord. BL2025-957 §§ 1, 2, 2025; Amdt. 1 to Ord. BL2022-1405 § 1, 2022; Ord. BL2022-1405 § 1, 2022; Ord. BL2020-403 § 1, 2020; Ord. BL2020-403 § 1, 2020; Ord. 93-593, 1993)

Metropolitan Code of Nashville and Davidson County § 13.32.166 Parklet and streatery.

13.32.166 - Parklet and streatery. A. Definitions: 1. "Parklet" means a small public gathering space, occupying up to two parking stalls or a loading zone, as applicable, on the public street, and treated in all respects as a public sidewalk, but the facilities of which are privately owned and maintained. 2. "Streatery" means up to two parking stalls or a loading zone, as applicable, used either as an extension of, or a stand-alone sidewalk cafe, connected visually to, and for use by patrons of, a nearby restaurant or bar and service at which is subject to all terms and conditions of the nearby restaurant or bar's food service permits and alcohol licenses. B. Parklet/streatery facilities are authorized to be located within the area of the public right-of-way (ROW) occupied by parking spaces, and unloading/loading zones, subject to Metro Code Title 12 and related regulations. Revisions in said regulations shall require the approval of the director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") and the approval of the metropolitan council by resolution. C. Any person who maintains and/or operates any parklets or streatery facility withing the public right-of-way without obtaining a permit from the metropolitan government shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subjected to a fine not to exceed the amount specified in Section 1.01.030 of the Metropolitan Code, and each day that such violation continues to occur shall be deemed a separate offense. D. Any person making application for a permit to operate a parklet/streatery facility, which are available with one-year terms, shall, in addition to filing the appropriate application as required by NDOT, pay to the metropolitan government a nonrefundable fee of one hundred fifty dollars to cover the cost of processing such application. With regard to a streatery, the permittee shall also pay an additional annual fee per based on the lost revenue from the metered parking spaces occupied by the streatery, or a lower rate, per non-metered parking space occupied thereby, as determined by NDOT. If a renewal of the permit is desired, an application for renewal must be made at least thirty days prior to the expiration of the existing permit and must be accompanied by the non-refundable fee of one hundred fifty dollars as well as, if applicable, the annual fee per metered and non-metered spaces occupied by the right-of-way use. E. Rules and Regulations. 1. Site Plan. All applicants shall provide a plan with their application form that clearly includes and indicates all the following information: a. The footprint of the proposed parklet/streatery, including sufficient detailed information to illustrate the design elements on either end of the proposed parklet/streatery. b. All property lines, right-of-way lines, sidewalk width, parklet/streatery length and width, existing parking stalls, and all surface obstructions within fifteen feet of the occupied area (e.g., fire hydrants, streetlights, parking meters, street trees, utility access covers). c. The number(s) on all parking meters that are to be removed must also be included in all drawings. These numbers are generally posted on the meter. d. Provide as much detail as possible to aid in metro's review of the application. 2. Parklet/Streatery Programming. Indicate what type of elements the applicant is proposing on the parklet/streatery (e.g., tables and chairs, benches, landscaping, bike parking, etc.) and provide a maintenance plan for the parklet/streatery. This should include information such as whether the elements will be removed from the public right of way each day, seasonal management, and management during inclement weather. 3. Support. A letter from fronting property owners is required. Each applicant must adequately and robustly involve the surrounding community in the development of the proposal by involving neighbors and tenants of the subject property, and any existing merchant or neighborhood groups. The applicant must provide reliable and verifiable documentation of this support in the form of letters, petitions, emails, etc. 4. Indemnity and Hold Harmless Statement. Each applicant shall provide a signed agreement to defend, indemnify, save, and hold harmless the city and all its officer, agents, or employees from any liability for damages resulting from any and all operations under the permit in a form approved by the metropolitan attorney. Proof of insurance, in an amount of not less than one million dollars, in a form acceptable to the metropolitan government, from a company licensed to do business in the State of Tennessee, must be furnished with the application. 5. Departmental Review. An interdepartmental committee (planning, department of transportation and multimodal infrastructure (NDOT), beer board, water, police, fire) will review applications, on a first-come-first-served basis, to ensure that the concept application meets program criteria. 6. Compliance with Laws and Insurance. The sale and consumption of beer and other alcoholic beverages at streatery facilities is permitted if the requirements of all pertinent laws, rules and regulations for the sale and consumption of beer and/or alcoholic beverages have been met prior to the filing of any application sought pursuant to these regulations. If beer and other alcoholic beverages are served at the streatery, the applicant must provide proof of liquor liability insurance in an amount of not less than one million dollars, in a form acceptable to the metropolitan government, from a company licensed to do business in the state of Tennessee. Furthermore, in the case of a streatery, where the applicant is a restaurant or bar who intends to serve food in the streatery area, all state and local health laws and regulations for food service shall be applicable to the area of the streatery, too. 7. Permit Application. For those applicants with an accepted conceptual application; the next step is to submit a construction permit application and fully detailed site plan, including but not limited to items such as cross sections, elevations, structural details, safety treatments, existing utilities, and maintenance of traffic plans. Metro staff will work with the applicant in a collaborative fashion during this period to ensure that the parklet/streatery design is appropriate and that the final drawings produced meet requirements. 8. Construction Permit Approval. Within five business days from submittal of a final plan, if it is determined by the NDOT that the application satisfies all policy requirements and the applicant has paid all necessary fees, NDOT will grant final approval and issue a permit, taking into consideration the recommendation of the interdepartmental committee. 9. Construct Parklet/Streatery. Upon permit issuance and as a condition of permit approval, applicants are required to meet with NDOT no less than ten days before beginning any site work. Installation of the parklet must be completed within two weeks of permit issuance. 10. Other Permits. In conjunction with the parklet/streatery right-of-way permit, the applicant is required to obtain any other applicable permits that may be required by other agencies. 11. Parklet/Streatery Removal. a. The permittee, at the permittee's sole cost, shall be responsible for removal of the parklet/streatery and restoring the right of way to its original condition upon the occurrence of one or more of the following events: i. The cessation of use, ii. Failure to comply with permit conditions or other legal requirements, or iii. The parklet/streatery poses a dangerous condition or threat to life or property. b. Metro may remove the parklet for any of the following reasons: i. Failure to maintain the parklet, ii. Violation of policies and regulations adopted for this program by NDOT, iii. Violation of the permit, iv. Modifications not previously approved by metro, v. When the parklet/streatery encroachment causes a dangerous condition or threat of danger to life or property as determined by the director of NDOT. This includes but is not limited to, where: (A) The parklet/streatery is encroaching into a travel lane or bike lane; (B) The parklet/streatery has lost structural integrity; (C) A gap develops between the parklet/streatery and sidewalk; or (D) The parklet/streatery creates visibility issues. vi. As a condition of permit issuance, the parklet/streatery permittee shall agree in writing, in a form approved by the metropolitan department of law, to authorize metro to remove the parklet/streatery at the permittee's sole cost in the event that any of the occurrence of any of the circumstances for removal herein. vii. If any of the above violations occur, the applicant will be sent notice of the violations and, except in the case of dangerous or threatening conditions, will be given a maximum of five working days to remedy the condition or remove the parklet/streatery. If the permittee fails to timely or adequately maintain or repair the encroachment or remove the encroachment within the five working days, the permit will be terminated. Once the permit is terminated, the parklet/streatery must be removed at the sole cost of the permittee within three calendar days. When the encroachment causes a dangerous condition or threat of danger to life or property, the permit will be terminated without the five day notice and removed immediately at permittee's cost. c. Metro, at its sole discretion, may remove the parklet/streatery and restore the public right-of-way to its previous condition upon a finding that it is in the public interest for metro to fund or partially fund removal of the parklet/streatery. 12. Transfer of Permits. If the permittee sells its business interests, one of the following must be done: a. Removal of the parklet/streatery; or b. Upon the approval of metro, a new permit in the purchaser's name may be issued. The new permittee must comply with all other requirements for the issuance of a permit. 13. Program Changes. Metro reserves the right to amend the parklet/streatery program and all terms contained within it up until the point that a final permit is issued. Applicants may withdraw their application if they do not agree with any of the policy changes. (Ord. BL2023-1689 § 1, 2023)

Metropolitan Code of Nashville and Davidson County § 13.32.170 Gratings or cellar doors opening onto sidewalks—Restrictions.

13.32.170 - Gratings or cellar doors opening onto sidewalks—Restrictions. A. It is unlawful to open any grating or cellar door in any sidewalk within the urban services district, unless the grating or door is opened by a person standing on the sidewalk. Such grating or door shall be allowed to remain open only so long as may be absolutely necessary, and while open shall be carefully secured by a railing or barricade. B. No owner or occupant of a house in the urban services district shall suffer or permit his cellar door on the Public Square or on any street, lane or alley to be or remain open, except when in actual use, or shall have it so insecure as to render walking thereupon or thereover unsafe or dangerous. (Prior code § 38-2-8)

Metropolitan Code of Nashville and Davidson County § 13.32.190 Depositing wood, coal or lumber on sidewalks.

13.32.190 - Depositing wood, coal or lumber on sidewalks. It is unlawful for any person to throw or permit to be thrown, and there to remain for more than one hour, any wood, coal or any kind of lumber on any sidewalk or that part of the street, lane or alley appropriated for sidewalks, except so far as is absolutely unavoidable in cases of building. (Prior code § 38-2-10)

Metropolitan Code of Nashville and Davidson County § 13.32.200 Throwing articles from houses into street.

13.32.200 - Throwing articles from houses into street. It is unlawful for any person to throw or cause to be thrown any article of any description out of any house or part of house into any of the streets, lanes or alleys in the urban services district or any part of the public square. (Prior code § 38-2-3)

Metropolitan Code of Nashville and Davidson County § 13.32.210 Injuring trees prohibited.

13.32.210 - Injuring trees prohibited. No person shall wilfully break, pull down, hurt or destroy any tree which is now or may hereafter be planted within the urban services district; provided, that nothing in this section shall be so construed as to prevent the metropolitan government from removing any tree which it may deem so situated as to obstruct any street or sidewalk, or to prevent any proprietor of a lot from cutting down any tree on or in front of his lot. (Prior code § 38-2-1)
Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT13STSIPUPL_DIVIIURSEDIRE_CH13.32STSIREFetched: 10/28/2026

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