STREETS, ALLEYS AND SIDEWALKS

Metropolitan Code of Nashville and Davidson County tit. 13, div. I, ch. 13.08

in effect

Metropolitan Code of Nashville and Davidson County § 13.08.010 Official street and alley acceptance and maintenance record—Adoption.

13.08.010 - Official street and alley acceptance and maintenance record—Adoption. A. There is created and established an official street and alley acceptance and maintenance record for the metropolitan government, which record is composed of a series of maps showing thereon, by words, lines or symbols, the dedicated streets and alleys which are accepted and maintained or abandoned for public maintenance by the metropolitan government. The official street and alley acceptance record herein established may be amended from time to time by ordinance of the metropolitan council setting out additions, deletions or any other amendments to such record. B. The official street and alley acceptance and maintenance record shall be maintained in the office of the department of public works. The director of public works is authorized to note thereon any amendatory ordinance enacted by the metropolitan council. C. Any person, other than an official or employee of the metropolitan government acting in their official capacity, making an application or request for an amendment to the official street and alley acceptance and maintenance record shall, in addition to filing the appropriate application or request with the department of public works, pay to the metropolitan government a fee to cover the cost of processing such application or request as established by the metropolitan council. (Ord. BL2014-996 §§ 2—5, 2015; Ord. 93-505 § 1, 1993; prior code § 38-1-1)

Metropolitan Code of Nashville and Davidson County § 13.08.015 Street name changes—Procedure.

13.08.015 - Street name changes—Procedure. The following procedures and requirements shall apply to all street name changes proposed after the effective date of the ordinance codified in this section: A. Before voting on an ordinance proposing a street name change, the metropolitan council shall forward the ordinance to the metropolitan planning commission and the emergency communications district board for its consideration. If the ordinance proposes to change a street name to that of a particular individual, the ordinance must be accompanied by a biographical sketch of that individual. B. Upon being filed with the metropolitan clerk, an ordinance proposing a street name change shall also be forwarded to the metropolitan historical commission for review as to whether there is any historical significance associated with the existing street name. The historical commission shall provide a written report to the metropolitan council prior to the consideration of the ordinance on second reading stating the historical significance, if any, associated with the street name. No action shall be taken by the council on second reading until the report from the historical commission has been submitted to the council or sixty days has passed from the date the ordinance was forwarded by the metropolitan clerk to the historical commission. C. Within ten days of receipt of the proposed ordinance, the planning commission shall notify all property owners on the street of the proposed name change, and shall indicate a period of time during which property owners may provide written comments in support of or in opposition to the proposed name change. D. After consideration of the petition, the planning commission and emergency communications district board will provide the council with a recommendation approving or disapproving the proposed change, and shall also forward all property owners' responses to the council for its consideration. No action shall be taken by the council on second reading until the report from the planning commission and emergency communications district board has been submitted to the council or sixty days has passed from the date the ordinance was forwarded by the metropolitan clerk to the planning commission and the emergency communications district board. E. In considering a petition for a proposed street name change, the council shall take into consideration the recommendation of the planning commission and emergency communications district board. Further, the council shall only approve street name changes which meet the following requirements: 1. [Reserved]; 2. No street shall be named for a living person; 3. Name changes must extend the entire length of a street; 4. There shall be no name changes for the purpose of promoting a private business. (Ord. BL2020-302 § 1, 2020; Ord. BL2019-110 § 1, 2020; Ord. BL2012-262 § 1, 2012; Ord. BL2010-789 § 1, 2010; Ord. BL2007-1309 § 1, 2007; Amdt. 2 to Ord. 93-638, 5/18/93; Amdt. 1 to Ord. 93-638, 5/18/93; Ord. 93-638 § 2, 1993)

Metropolitan Code of Nashville and Davidson County § 13.08.020 Naming of private streets and roads.

13.08.020 - Naming of private streets and roads. A. The metropolitan county council deems that it may be necessary to name private streets and roads in order to provide better public services, particularly emergency services, to the residents of the Metropolitan Nashville area. B. The term "private streets and roads" is defined as including any street, road or lane which has not been accepted by the metropolitan government for maintenance, whether or not it is within a public right-of-way, but shall exclude private driveways. Private roads may be named by the metropolitan county council and marked as such by the metropolitan government. C. Any such naming shall be referred to the metropolitan planning commission for review and recommendation. (Prior code § 38-1-3)

Metropolitan Code of Nashville and Davidson County § 13.08.025 Honorary street signs.

13.08.025 - Honorary street signs. A. The council may, by ordinance, authorize and direct the department of public works to install honorary street signs beneath the official street name sign or on a separate post for any street identified on the official street and alley acceptance and maintenance map. B. Such honorary street signs shall be brown in color with white lettering. C. No honorary street sign shall be installed honoring a living person. D. Honorary street names shall not be identified on any official maps prepared and maintained by the metropolitan government. E. The department of public works shall absorb the costs for making and installing the signs for up to five honorary street names in each calendar year. A member of council shall not sponsor more than one ordinance in each calendar year naming an honorary street for which the costs of the signs are to be borne by the department of public works. The costs of making and installing signs for the sixth and subsequent honorary streets in each calendar year shall be privately funded. The department of public works shall determine the costs associated with making, installing, and maintaining such honorary street signs to be funded privately, and is authorized to accept the private funds to cover the costs prior to making and installing the signs. F. Only two honorary street signs shall be installed per honorary street name; one at the beginning of the street and one at the end of the street. (Ord. BL2019-5 § 1, 2019; Amdt. 1 to Ord. BL2012-262 § 2, 2012; Ord. BL2012-262 § 2, 2012)

Metropolitan Code of Nashville and Davidson County § 13.08.030 Private installations in, on, over or under public way—Regulations.

13.08.030 - Private installations in, on, over or under public way—Regulations. A. No person, firm or entity shall construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way except when permitted by the metropolitan government. Unless specifically permitted under other sections of this code, the metropolitan county council may by ordinance grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way. B. Any person, firm or entity requesting an encroachment, permit or privilege as provided herein shall pay to the metropolitan government a fee in the amount of one hundred dollars upon making such request. C. The manner of constructing, installing, operating and maintaining such encroachment shall be subject to the requirements, direction, and approval of the director of public works and further the person, firm, or entity requesting such encroachment, permit, or privilege shall provide a liability insurance policy in such amount as directed by the metropolitan attorney and in the form as approved by the metropolitan attorney, to save the metropolitan government harmless from all claims for damages that may result to person or property by reason of construction, operation, or maintenance of such installation of any encroachment. Provided, however, that (i) a homeowner association legally constituted under Tennessee Law or (ii) a non-profit community organization exempt from taxation under section 501(3)(c) of the Internal Revenue Code may, without providing such insurance, install or construct an encroaching beautification project or sign if the director of public works has approved and determined in writing that installation of such project or sign is in the public interest and poses no risk of harm to the public. (Ord. BL2021-793 § 1, 2021; Ord. 2002-983 § 1, 2002; prior code § 38-1-2)

Metropolitan Code of Nashville and Davidson County § 13.08.040 Offering merchandise for sale on or near public property prohibited—Exceptions.

13.08.040 - Offering merchandise for sale on or near public property prohibited—Exceptions. A. No person shall stop, stand or park any wagon, pushcart, platform, table, automobile, truck or other vehicle, or erect any temporary stands, signs or otherwise, upon or within any public property or public right-of-way of the metropolitan government for the purpose of selling or offering for sale any goods, food, wares, merchandise, or products of any kind, nor shall any person sell or offer for sale, upon or within any public property or public right-of-way of the metropolitan government, any goods, food, wares, merchandise, or products of any kind, including the display or exhibition of animals for payment or gratuity. The prohibitions contained in this subsection shall not affect or apply to any agreement with, or the written approval of, the respective department, board, agency, officer, or other person having control or custody of that particular property. B. 1. It is unlawful for any person to obstruct any public right-of-way, including alleys, roadways, sidewalks and streets as defined by Sections 12.04.010, 12.04.315, 12.04.335, and 12.04.375 of the Metropolitan Code, except as authorized by law. This subsection shall not apply to: a. Any street vendor operating with a proper license and permit issued by the Davidson County Clerk or Public Works (also known as the Nashville Department of Transportation and Multi-modal Infrastructure, or "NDOT") under subsections (B)(3) and (4) of this section that satisfies this section and is vending in an approved location and not interfering with the movement of vehicular or pedestrian traffic or creating an unsafe condition; b. Vendors exclusively engaged in the sale of newspapers, magazines, periodicals or other such written items provided that the requirements for clearance at intersections set forth at Section 13.12.190 are satisfied and who do not utilize a cart, wagon, or any other stationary or mobile device or vehicle to sell such written materials and not interfering with the movement of vehicular or pedestrian traffic or creating an unsafe condition; c. Solicitation of donations by a nonprofit organization or the sale of merchandise by a nonprofit organization which constitutes, carries or makes a religious, political, educational, philosophical or ideological message or statement related to the purpose of the nonprofit organization provided that the non-profit identifies itself and is able upon request to provide documentary proof of its non-profit status, the requirements for clearance at intersections set forth at Section 13.12.190 are satisfied and the nonprofit does not utilize a cart, wagon, or any other mobile device or vehicle to sell such materials and is not interfering with the movement of vehicular or pedestrian traffic or creating an unsafe condition; These exceptions shall operate to create a privilege and not a franchise or license. In the event the exceptions stated in this subsection are repealed or otherwise revoked, the provisions of this section shall then apply and any wagons, pushcarts, stands, signs, displays and any news and literature distribution racks no longer excepted shall be removed at the owner's expense. 2. Definitions. Within the meaning of this section, these terms shall be construed as follows: a. "Commission" means the metropolitan traffic and parking commission. b. "To obstruct" means to so occupy the public rights-of-way that the free use and enjoyment thereof by the public is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public thoroughfare is impaired, or such that any unsafe condition results. c. "Public right-of-way" means all areas legally open to public use and used and/or intended for vehicular or pedestrian traffic, including public streets, alleys, sidewalks, and roadways, but excluding any other public property of the metropolitan government. d. "Public property" means all property, real and personal, belonging to the metropolitan government, excluding that which is used and/or intended for use by vehicular or pedestrian traffic and defined herein as a public right-of-way. e. "Street vendor" or "vendor" means any individual, including an employee or agent of a group of individuals, partnership, or corporation, who sells, or offers to sell services, food, beverages, goods, or merchandise on any public way whether such activity involves the sale of such items from the vendor's person or by use of a stand. f. "License" or "permit" means the form issued by the Davidson County Clerk or NDOT evidencing that the vendor is allowed to sell or offer to sell goods and services on the public right-of-way. g. "Stand" means any table, tarp, display, bench, booth, rack (including one suspended from the vendor's person), handcart, pushcart, wagon or any other fixture or device which is not required to be licensed and registered by the Tennessee Department of Motor Vehicles, and is used for the display, storage, or transportation of food, beverages, goods, or merchandise on any public right-of-way. h. "Special event" means any occasion officially recognized by the metropolitan government including, but not limited to, fairs, shows, exhibitions, municipality-wide celebrations, festivals, and other similar events, within a specifically defined area of the municipality for a specified period of time. i. "Business" or "property owner" means any individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting the public right-of-way. j. "Pedestrian" means a person who is walking or otherwise traveling on the public right-of-way. k. "Sign" or "sandwich board" means any portable sign used to convey information of a commercial nature. l. "Street performance" means any theatrical, musical, visual, or other presentation for entertainment purposes on the public right-of-way. "Street performer" means any person or group of persons who conducts a street performance. m. "Distance." All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from the nearest edge of the vendor's stand or sign to the nearest edge of the object from which the sign or stand is to be distant. 3. It is unlawful for vendors of goods or services not meeting the exception in subsection (B)(1)(b)—(c) of this section to sell, display, or offer for sale any food, beverage, goods, or merchandise on a public right-of-way before acquiring a street vendor's permit from the county clerk or NDOT. Those who engage in such conduct without having and displaying a valid permit (or while their permit is suspended, revoked, or expired) may be prosecuted for a violation of Tenn. Code Ann. Section 39-17-307 and/or Tenn. Code Ann. Section 62-30-101 et seq. To acquire a permit, a vendor shall submit an application to the county clerk or NDOT and provide all information, on a form supplied by the county clerk or NDOT, necessary to determine whether a particular permit may be issued. a. The application shall include the vendor's full name, home address, permanent business address (if any), telephone number, email address, driver's license number, a current full-face photograph of vendor, a current full-face photograph of each of vendor's employees, proof of identity for each vendor and/or employee and proof that any other required permits or authorizations have been obtained. The county clerk or NDOT may require additional information to confirm the eligibility of the applicant for the permit. b. The application shall also state a brief description of the nature and character of the food, beverages, goods, or services to be sold and shall be accompanied by a photograph of the vendor's fully assembled stand(s). c. If the vendor is employed by or is an agent of another, the application shall state the name and business address of the principal or hiring person, firm, association, organization, company, or corporation. d. Vendors with multiple stands, displays, carts, wagons, or any other means by which to offer goods or services to the public must procure a permit for each space occupied. e. Health permit. Any vendor engaged in the sale of food, beverages or substances must, in addition to the above requirements, comply with the following: i. Vendors of food, beverages and substances (if applicable) shall be required to obtain and maintain a health permit from the metropolitan public health department ("health department") in addition to the general vending permit. Upon application for the general vending permit, vendors of food and beverages shall have their applications forwarded to the health department for approval and shall submit their equipment for inspection. ii. Upon approval by the health department (if applicable), the food, beverage, or substance vendor shall be subject to inspection by the health department officials as provided for by law at periodic intervals. f. Insurance. The application must include a provision indemnifying and holding harmless the metropolitan government from any and all claims arising out of the vendor's operation. Applicants must provide, as part of the application, a copy of a certificate of liability insurance with a minimum coverage of one million dollars covering the annual permitting period. If the vendor does not maintain this insurance coverage throughout the permit period, the permit shall be automatically revoked upon the termination of such insurance policy. The policy must name the metropolitan government as additionally insured. The certificate must accompany the application. g. Any intentional misrepresentation on the application by a vendor shall constitute grounds for denial, probation, suspension, or revocation of a permit. The applicant will not be allowed to reapply for an application for a twelve-month period. 4. Fee. a. At the time of application, a vendor shall pay an annual permit fee as established by the commission. This fee will authorize the location of one stand. If a vendor wishes to have more than one stand, they must pay an annual permit fee for each stand. There will be an additional fee for each vendor identification badge (or "I.D."). This shall not include any other applicable fees. 5. Application Processing. a. Upon receipt of an application, the county clerk or NDOT shall: i. Ensure the application is complete. Incomplete applications shall be denied and returned to the applicant. ii. Ensure that all fees have been properly paid and that the appropriate certificate of insurance has been provided. Applications for which all applicable fees have not been paid or which do not contain the appropriate certificate of insurance shall be denied. iii. Determine whether the applicant has been found to be non-compliant with a provision of this section during the six month period preceding the application. If the applicant has been found to have committed one or more violations of this section during the preceding six-months, the application shall be denied, whether the application is for a new permit or a renewal. iv. Ensure that vendors offering foods, beverages, or substances have obtained all necessary licenses, permits, and/or inspections in accordance with subsection (B)(3)(e) of this section. If the required permits, licenses and/or inspections have not been obtained, the application shall be denied. v. Take reasonable steps to verify the truthfulness of the information provided on the application. Applications found to contain false information shall be denied. b. If the application meets the requirements specified in subsection (B)(5)(a) of this section, the county clerk or NDOT shall issue the permit and I.D. badges for the permittee and any employees identified in the application. A permit holder may apply for additional I.D. badges if needed. The I.D. badge shall include a current full-face photograph of the employee, employee name and the permit number. c. The county clerk or NDOT will notify the vendor of the decision to issue or deny the permit and, if denied, the reason for denial. The county clerk or NDOT will provide the notification as soon as is practicable, but in no case shall notification occur later than thirty days after the filing of a properly completed application. With regard to renewal applications, an oral notification of the denial by the county clerk's office shall suffice for this purpose. The county clerk shall also notify staff of the traffic and parking commission of all such denials. A subsequent written notification shall be sent by traffic and parking commission staff to advise the applicant of their right to appeal pursuant to the terms of subsection C.3.a., below. d. Granted permits shall be valid for one year after issuance (so long as all requirements are met, and no disciplinary action is taken) and shall be renewable upon expiration in each subsequent year so long as the vendor remains in good standing and has been found to have committed no more than three violations of this section in the previous twelve-month period. In the event that a vendor is denied a permit, either upon application or at renewal, the vendor shall have an opportunity to appeal the denial as described in subsection C.4. of this section. 6. Restrictions. a. The granting of a permit confers a privilege, not a franchise or license. A permit does not guarantee a particular space or that any space will be available. b. The sale of goods or services by street vendors is limited to the DTC and CF zoned districts. Provided, however, that no such sales may occur in the area (i) between Union Street and Korean Veterans Boulevard, spanning from the Cumberland River to 8th Avenue, or (ii) Symphony Place between Third Avenue South and Fourth Avenue South, or (iii) the John Seigenthaler Pedestrian Street Bridge. Additionally, vending is not allowed to occur on the portion of the street designed for vehicular traffic, excluding those permitted for a special event. These "No Vending" areas may be created or enlarged by the commission upon reasonable public notice and specific notice to current permit holders. Notwithstanding the above and to the extent consistent with public safety, the traffic and parking commission has the authority to establish a pilot vending program within any area previously described in section B.6.b., above as "No Vending" or otherwise. c. Nothing herein shall exempt any vendor from the provisions of Section 12.52.130 regarding sales to persons in vehicles from a street or sidewalk. d. Each street vendor must prominently display the permit, in addition to any business tax license the vendor may be required to possess, and if applicable, the health permit must also be prominently displayed. I.D. badges issued by the county clerk or NDOT are to be in the possession of vendors and their employees at all times and are not transferable. Vending operations in violation of this provision shall be removed upon order of the metropolitan police department or NDOT until the deficiency is corrected. e. Vending at, abutting or in front of the Nashville Convention Center, the Municipal Auditorium, the Nashville Arena or any other facility identified in Chapter 6.32 of the Metropolitan Code shall be in compliance with the more particular regulations set forth in Chapter 6.32. f. Street vendors operating on the public right-of-way agree to indemnify and hold harmless the metropolitan government from any cause of action arising from the vendor's operation. g. No vendor or owner of any wheeled and mobile vehicles, temporary stands, signs or displays or racks shall be entitled to compensation by virtue of being required to move to protect the public safety, allow access to utilities, or allow the free flow of pedestrian traffic, regardless of the length of time incurred thereby. h. Permits are nontransferable. i. The traffic and parking commission shall have the authority to publish and enforce such other regulations related to vending, street performers and other temporary sidewalk encroachments as shall be necessary to effectuate this section and to ensure the free flow of pedestrian and vehicular traffic and to ensure the safety of the public, including designating appropriate clearances around other features of the public right-of-way, such as intersections, disabled parking spaces, fire hydrants, parking meters, loading zones, bus stops, building entrances and the like. In so doing, the commission may adopt a map or maps showing locations where vending is prohibited and/or where it is permitted. j. Vending permits issued under this section shall be suspended during any special event as defined in subsection (B)(2)(h) of this section for which the metropolitan government has given its official written permission to close or otherwise alter the normal, everyday use of any public roadway, street or sidewalk, and vending shall be prohibited during the limited period of time specified for the special event and within the area covered by the special event permit except by those vending with the express written permission of the event permit holder. k. A vendor shall promptly comply with an order of an officer of the metropolitan police department, the Nashville Fire Department, or employee of NDOT to temporarily move to another location when necessary to accommodate unusually heavy pedestrian or vehicular traffic, any obstructions in the public space, an accident, fire or other emergency situations, a parade, demonstration or other such event or occurrence at or near such location. C. Probation, Suspension, Revocation or Denial of Permits. 1. Any permit issued under this section may be placed on probation, suspended, or revoked by the commission, or its staff, for any of the following reasons: a. Fraud or misrepresentation in the application for the permit; or, b. Fraud or misrepresentation while conducting the business of vending; or, c. Conducting business contrary to the conditions of the permit and/or these regulations; or, d. Conducting business in such a manner as to create a public nuisance or to constitute a danger to the public health, safety, or welfare; or, e. Cancellation of health department authorization for food or beverage vendors, as applicable. 2. The commission, or its staff, shall consider the following factors in determining whether a permit should be placed on probation, suspended, or revoked: a. The number of citations for violation of this section previously received by the vendor; and b. The number of previous probations, suspensions, and/or revocations imposed upon the vendor; and c. The number of occasions for which the vendor's permit was subject to probation, suspension, or revocation but no action was taken; and d. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor's misrepresentation, noncompliance and/or misconduct; and e. Whether or not the condition subjecting the vendor to probation, suspension or revocation is of a nature that has been or can be corrected. 3. Written Notice of Probation, Suspension, Revocation or Denial: a. Upon probation, suspension, revocation, or denial of the issuance of a permit, the commission, or its staff, shall deliver written notice to the permit holder or applicant stating the action taken and the reasons supporting such action, and the right to reconsideration of that decision as set forth below. b. The written notice shall be delivered to the permit holder's or applicant's place of business, as described on the application, or last known address. Placement of such notice in the U.S. mail shall constitute delivery. c. A permit which has been placed on probation shall remain on probation until such time as the condition causing the probation has been corrected to the satisfaction of the commission, or for a period of time determined by the commission. d. A permit which has been suspended shall remain suspended until such time as the condition causing the suspension has been corrected to the satisfaction of the commission. e. A permit which has been revoked shall remain revoked for one year following the date of revocation. No vendor whose permit has been suspended or revoked may apply for a new permit during the period of suspension or revocation. 4. Any permit holder or applicant whose permit is placed on probation, suspended, or revoked, or whose application for a permit is denied may within fifteen days of the date of that action notify the commission that the permit holder or applicant desires reconsideration of that decision. A hearing of the request shall be scheduled for the next regular meeting of the commission. The probation, suspension, or revocation shall remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded an opportunity to be heard and to present facts and witnesses on his or her own behalf. The permit holder or applicant shall not be entitled to an adversarial hearing or to examine any witness except those the permit holder may present on his or her own behalf. D. Renewals. Permits may be renewed, provided an application for renewal of the permit and the required fee are received by the county clerk or NDOT no later than the date of expiration of the existing permit and provided that the vendor has no more than three violations of this regulation within any twelve-month period. A vendor whose permit has been revoked may submit an application upon the expiration of the revocation. Applications received after that date shall be processed as new applications. The commission or its staff shall review each renewal application to ensure that the vendor is in full compliance with the provisions of this regulation. If the commission determines that the vendor has complied with the above requirements, the commission will renew the permit for one year. E. Penalties. 1. Any person who offers merchandise for sale in violation of this regulation or who violates any other provision of this regulation shall be penalized as is provided for in Section 1.01.030 of this Code, or, to the extent permitted by law, a fine of up to $50.00. These penalties may be assessed by the commission and will be deposited into the general fund of the metropolitan government. Commission and/or Nashville Department of Transportation staff are authorized to issue citations for these violations, and charged with doing so, as well as peace officers. 2. The permit of any person who offers merchandise for sale in violation of the regulation or who violates any other provision of this regulation may be placed on probation or suspended. The permit of any person who seriously endangers the health and/or safety of the public by misrepresentation or violation of this regulation, or who is convicted of three or more violations of this regulation during any twelve-month period, shall be revoked. (Ord. BL2024-514 §§ 1—3, 2024; Amdt. 1 to Ord. BL2023-70 § 1, 2023; Ord. BL2023-70 § 1, 2023; Ord. BL2023-1647 § 2, 2023; Ord. BL2018-1295 § 1, 2018; Amdt. 1 to Ord. BL2012-334 §§ 1, 2, 2013; Ord. BL2012-334 § 1, 2013; Ord. BL2009-587 § 3, 2010; Ord. BL2003-38 § 1, 2004; Ord. 99-1575 § 1, 1999; Amdts. 1 and 2 with Ord. 98-1191, § 1 1998)

Metropolitan Code of Nashville and Davidson County § 13.08.050 Obstructing visibility at intersections, driveways, or rights-of-way.

13.08.050 - Obstructing visibility at intersections, driveways, or rights-of-way. No person shall place or cause to be placed or maintained, either temporarily or permanently, any sign, card, poster, pennant, banner, bush, tree, hedge, or other obstruction: A. On private property within twenty-five feet of any street intersection so as to interfere with traffic visibility at the intersection. B. On private property in such a manner as to interfere with traffic visibility of any driver using an authorized driveway or alley. C. Within the right-of-way of any street within the area of the metropolitan government. This restriction shall not apply to any bush, tree, hedge, or other landscaping amenity placed or maintained by any department of the metropolitan government or by any organization permitted under Section 13.08.030 hereof. (Ord. BL2024-292 § 1, 2024; prior code § 38-1-4)

Metropolitan Code of Nashville and Davidson County § 13.08.060 Street cleaning—Restricted hours of operation—Exceptions.

13.08.060 - Street cleaning—Restricted hours of operation—Exceptions. A. No person shall operate any mechanical device to clean or sweep streets or other paved areas within three hundred feet of any building or structure used for residential purposes between the hours of eleven p.m. and seven a.m. B. Provided however, the prohibition of such activity shall not be applicable: 1. To the DTC and CF zone districts of metropolitan government; and 2. When specifically permitted by the director of the department of public works. (Ord. BL2009-587 § 3, 2010; prior code § 38-1-4.2)

Metropolitan Code of Nashville and Davidson County § 13.08.070 Transport of hazardous materials on public streets prohibited—Penalty.

13.08.070 - Transport of hazardous materials on public streets prohibited—Penalty. A. For the purpose of this section, the following terms shall be defined as follows: "Hazardous materials" means any radioactive material in a solid or liquid state which, if exposed, would endanger the health or safety of humans or animals. Radioactive material used for medical purposes shall not be included in this definition. Further, radioactive materials used in industrial instrumentations in quantities as defined as Type A in Title 49 CFR, Paragraph 173.389, are not included in the definition of hazardous materials. Further, radioactive materials used for educational or scientific research in an amount not to exceed one hundred curies shall not be included in this definition. "Public street or roads" means any dedicated and accepted street, alley or thoroughfare, both improved and unimproved, exclusive of state and federal highways. "Vehicle" means any truck, automobile, motorcycle or trailer used to transport hazardous materials. B. It is unlawful for any vehicle transporting hazardous materials to drive upon any street, alley or thoroughfare within the area of metropolitan government. C. Violation of this section shall be punishable by a fine of fifty dollars. (Prior code § 38-1-4.1)

Metropolitan Code of Nashville and Davidson County § 13.08.080 Deployment of surveillance or electronic data gathering devices onto public rights-of-way requires metropolitan council approval.

13.08.080 - Deployment of surveillance or electronic data gathering devices onto public rights-of-way requires metropolitan council approval. A. For the purposes of this section, the following terms shall be defined as follows: (1) "Public right-of-way" shall mean any street, avenue, boulevard, highway, sidewalk, alley or public outdoor space which is within the Metropolitan Government of Nashville and Davidson County besides highways that comprise the Dwight D. Eisenhower National System of Interstate and Defense Highways. (2) "Surveillance technology" shall mean any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software. (a) "Surveillance technology" includes, but is not limited to: (i) international mobile subscriber identity (IMSI) catchers and other cell site simulators; (ii) automatic license plate readers; (iii) closed-circuit television cameras; (iv) biometric surveillance technology, including facial, voice, iris, and gait-recognition software and databases; (v) mobile DNA capture technology; (vi) x-ray vans; (vii) video and audio monitoring and/or recording technology, such as surveillance cameras and wide-angle cameras; (viii) surveillance enabled or capable lightbulbs or light fixtures; (ix) tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network; (x) social media monitoring software; (xi) through-the-wall radar or similar imaging technology; (xii) passive scanners of radio networks; (xiii) long-range Bluetooth and other wireless-scanning devices; and (xiv) radio-frequency I.D. (RFID) scanners. The enumeration of surveillance technology examples in this subsection shall not be interpreted as an endorsement or approval of their use. (b) "Surveillance technology" does not include the following devices or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology as defined in Section 13.08.080(A)(2)(a): (i) routine office hardware, such as televisions, computers and printers, that is in widespread public use and will not be used for any surveillance or law enforcement functions; (ii) Parking Ticket Devices (PTDs); (iii) manually operated non-wearable handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings; (iv) surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; (v) manually operated technological devices used primarily for internal communications among metropolitan government entities and are not designed to surreptitiously collect surveillance data, such as radios and email systems; (vi) wayfinding technological devices which enable the user to determine global positioning, location within a built environment, or orientation; and (vii) metropolitan government wireless local area networking and metropolitan government databases that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology. (c) "Surveillance technology" does not include technology or equipment that collects data in anonymized form or that immediately deletes or destroys non-anonymized collected data. (3) "Install" or "Installing" shall mean attaching to an existing building, pole, overpass, roadway, sidewalk, natural area, or other structure in a manner that facilitates the permanent or semi-permanent presence of the applicable device. "Install" or "Installing" shall not mean operating a mobile or portable device intended to be present for a time of limited and discernable length. (4) "Personally identifiable information" or "PII" shall mean any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Further, PII is defined as information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which any governmental department or agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, and other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This definition includes information that is maintained in either paper, electronic or other media. (5) "Allowed PII" shall mean the image of a license plate, the time and location stamp of an image of a license plate, and the make, model, and color of the vehicle associated with an image of a license plate. (6) "Common area" means any shared space within a building, property, development, or other outdoor space that is accessible or is reasonably intended to be accessible to the general public or a defined group of individuals, whether on a permanent or occasional basis. (7) "Community safety camera network" shall mean the collection of cameras providing access to live or recorded views that have been integrated within the Metro Nashville Police Department's video management system. (8) "Community safety center" ("CSC") shall mean the physical location, located within a Metro Nashville Police Department-operated building or remote command center, where community safety camera network cameras are accessed. (9) "Donor camera" shall mean any camera owned and maintained by a private entity where the private entity voluntarily elects to participate in the community safety camera network by providing access to common area-facing camera feeds. (10) "Public safety camera" means a camera owned, installed, and maintained by a governmental entity, including the metropolitan government and any department or agency thereof, which is accessible by the Metropolitan Nashville Police Department ("MNPD"). (11) "Public health and safety emergency" means any event or situation that poses a significant threat to the safety and well-being of the general public that would typically require a response by Metro emergency services. (12) "Residential use" means any parcel that includes a single-family, two-family, or multi-family residence. B. "License plate scanner" shall mean one or more fixed high-speed cameras combined with computer algorithms to convert images of license plates into computer-readable data. C. Beginning July 1, 2017, approval by the metropolitan council, by a resolution adopted after a public hearing, shall be required prior to any of the following actions by the Metropolitan Government of Nashville or Davidson County, the departments, boards or commissions thereof, or any individual or entity acting upon its behalf: (1) Installing surveillance technology onto or within the public right-of-way, unless: (a) the same type of surveillance technology is already in use by the entity; and (b) the number of new devices does not represent more than a fifty percent increase in the total number of devices of the same type already in use by the department, board, or commission seeking installation, as compared to the number of devices in use at the time of this ordinance's implementation or at the time of the last such approval by the metropolitan council, whichever is more recent. (2) Entering into an agreement with a private entity to acquire, share or otherwise use surveillance technology or the information it provides if such agreement includes exchange of any monetary or any other form of consideration from any source, including the assessment of any additional fees, interest, or surcharges on unpaid fines or debts absent approval by the metropolitan council; (3) Accepting state or federal funds or in-kind or other donations for surveillance technology; (4) Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; (5) Entering into an intergovernmental agreement regarding the installation of surveillance technology or use of the information it provides within the Dwight D. Eisenhower National System of Interstate and Defense Highways; or (6) Acquiring or entering into an agreement to acquire surveillance footage or data captured by technology owned by a person or business without the direct consent of that person or business absent a judicial warrant or order to the contrary. D. The approval by the metropolitan council for any action set forth in subsection 13.08.080(C) above shall be granted only upon the determination that the benefits to the citizens and residents of Nashville and Davidson County outweigh the costs; that the proposal will safeguard civil liberties and civil rights; and that, in the judgment of the metropolitan council, no alternative with a lesser economic cost or impact upon civil rights or civil liberties would be as effective. E. This section shall not apply to acquisition or use of surveillance technology by or on behalf of law enforcement that is used on a temporary basis for the purpose of a criminal investigation supported by reasonable suspicion, or pursuant to a lawfully issued search warrant, or under exigent circumstances as defined in case law. F. This section shall not apply to surveillance technology installed for the purpose of securing a building or facility from unlawful entry or unauthorized access. G. Except as provided in subsection I. of this section, any department of the metropolitan government, either directly or through contractors acting at the department's direction, wishing to acquire or enter into an agreement to acquire license plate scanner (LPR) technology and/or install or operate them onto or within the public rights-of-way, shall comply with the following requirements and restrictions: 1. A usage and privacy policy shall be implemented in order to ensure that the collection, use, maintenance, sharing, and dissemination of LPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be posted on the department's website, and shall include the following: (a) i. The authorized purposes for using the LPR system and collecting LPR information, which shall be limited to the following: (1) investigating and prosecuting felony offenses and criminal offenses associated with violent crimes including gun violence, homicide, and assault; and reckless driving including illegal drag racing activity at speeds in excess of seventy miles per hour; (2) identification and recovery of stolen vehicles and stolen license plates; (3) detecting civil traffic or parking offenses; (4) operating a smart parking or curb management program; and (5) assisting in missing persons cases including Amber and Silver Alerts. ii. The use of an LPR system and collection of LPR information is not authorized and shall not be used for any purpose other than those listed in this section. This prohibition includes, but is not limited to the use of LPR for the following: (1) the general surveillance of any individual; (2) the identification of a vehicle for the purposes of repossession of the vehicle; (3) the determination of whether a vehicle's license plate is expired; (4) the determination of whether a motorist has a valid driver's license; or (5) the determination of whether a motorist is insured. (6) to assist any federal official in the identification, apprehension, detention, or removal of any person in connection with the immigration laws of the United States, except to the extent the use of the LPR system or LPR information is sought to verify or report the immigration status of any person. (7) the enforcement of any law prohibiting, limiting, or criminalizing reproductive healthcare, including an abortion, or prohibiting, limiting, or criminalizing interstate travel for the purpose of obtaining reproductive healthcare, including an abortion. iii. An LPR system authorized under this section shall not be capable of facial recognition. iv. Law Enforcement Agencies, the Parking Enforcement Patrol, NDOT, and their contractors must have reasonable suspicion that a felony offense, or a traffic or parking offenses, has occurred before examining collected license plate reader data that was collected more than one hour prior to the examination. Further, Law Enforcement Officers shall not examine license plate reader data that was collected more than one hour prior to the examination in order to generate reasonable suspicion. v. Whenever a license plate reader alerts on a plate, law enforcement, before taking any action, must confirm visually that a plate matches the number and state identified in the alert, that the alert is still active by calling dispatch, whether the alert pertains to the registrant of the car and not the car itself, and that the license plate is on the list for one of the authorized purposes listed in this section. Once confirmed, a query shall be initiated in the National Crime Information Center (NCIC) database by authorized individuals. (b) A description of the employees or contractors who are authorized to use or access the LPR system or to collect LPR information. (c) A description of the steps taken to restrict the information obtained through the LPR system to that which is strictly necessary to implement the purposes in subsection G.1(a) of this section and limited to the contents of only the license plate and, to the extent possible, excluding identifying information of the driver and passengers. (d) A description of how the LPR system will be monitored to ensure the security of the information obtained. (e) The purposes of, process for, and restrictions on the sharing of LPR information to other persons, which must be in accordance with the purposes identified in subsection G.1(a) of this section. (f) A description of the measures used to ensure the accuracy of LPR information and to correct data errors. (g) The length of time LPR information will be retained, limited to the terms outlined in subsection G.4 of this section. 2. The installation and maintenance of LPR hardware and software, as well as LPR data access, retention, and security, shall be managed by an LPR custodian ("custodian") designated by the department using the LPR system, who will assign personnel under their command to administer the day to day operation of the LPR system as defined below. The custodian's name shall be provided on the department's website. The custodian shall be the administrator of the LPR system and shall be responsible for developing guidelines and procedures regarding the department's use of its LPR system, including, but not limited to: (a) Establishing and maintaining reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect LPR information from unauthorized access, destruction, use, modification, or disclosure; (b) Maintaining a list of the name and job title of all users who are authorized to use or access the department's LPR system; (c) Developing training requirements for and ensuring training of authorized users on the operations of, and usage and privacy policy for the department's LPR system; (d) Developing procedures and a regular timetable for conducting audits of LPR system usage, including audits of user searches; (e) Developing procedures for, and ensuring the proper retention and destruction of, the agency's LPR data; (f) Ensuring that this policy and its related procedures are posted conspicuously on the department's public website; and (g) Managing the relationship with the LPR provider, which shall include ensuring that: i. The provider meets all contractual obligations; ii. The system is maintained as per Service Level Agreements; iii. Log retention is adequate; and iv. Data ownership is clearly understood. 3. Access and use of the department's LPR system is strictly restricted to the authorized users, as outlined below: (a) Authorized users must receive appropriate supervisory approval, as determined by the custodian, prior to receiving LPR system access. (b) Access shall only be approved for designated personnel whose roles require them to use the LPR system, and LPR system access shall be further limited to those tasks within the employee's job responsibilities. Access shall be limited to no more than ten authorized users per department. (c) Personnel authorized to use the department's LPR system as defined in subsection G.3.(b) of this section shall be specifically trained in the system and the usage and privacy policy prior to receiving account access. This training shall include, but not be limited to: i. Applicable local, state, and federal laws; ii. Applicable policies, including the usage and privacy policy; iii. Functionality of the equipment; iv. Authorized and prohibited uses; v. Accessing data; vi. Safeguarding password information and data; vii. Data sharing policies and procedures; and viii. Reporting breaches, errors, and other issues. (d) Authorized user accounts which are inactive for a period of nine months will be disabled automatically. Authorized users with disabled accounts must be retrained in the LPR system, usage, and privacy policies prior to having their accounts reinstated. (e) Users found to have used the LPR system without authorization, with improper credentials, or in a manner not authorized by these policies shall have their access immediately revoked and may face disciplinary action in accordance with applicable civil service policies, up to and including termination. (f) To the extent consistent with state or federal law, to ensure compliance with the provisions of this section or to investigate complaints of misuse of an LPR or LPRs, the district attorney general, or a designee, or the public defender, or a designee, or the executive director of the community oversight board, or a designee, may examine and audit any LPR, any file used to store LPR data, and any records pertaining to the use of LPRs. If the district attorney general, the public defender, or the executive director of the community oversight board believes that an LPR or LPRs have been used in violation of this section, any of them may send a letter to the metro council requesting suspension of the use of an LPR or LPRs for the purposes of investigation, to prevent ongoing violations, or to deter future violations. The metro council may grant such a request by resolution. Nothing in this section shall be construed as limiting the authority of the district attorney general to prosecute any crime involving LPR. This includes, but is not limited to, tampering with evidence, which is a class C felony punishable under Tennessee law with a term of imprisonment of three to fifteen years and a fine not to exceed ten thousand dollars. 4. (a) LPR data, including but not limited to license plate number, vehicle description, location and date/time stamp shall not be retained for more than ten days, unless it is evidence in a criminal offense or civil traffic or parking offense, subject to a properly issued warrant, subpoena, public records request or court order, or where the department has been instructed to preserve such data by the metropolitan department of law in relation to pending litigation or anticipated litigation. (b) Any data unrelated to an ongoing investigation, or pending or anticipated litigation shall be automatically deleted after ten days. (c) Users who wish to preserve LPR data for longer than ten days shall make a written request to their supervisor including the investigation number and purpose for preservation and, upon approval, such LPR data will be preserved along with a note in the record stating the reason for preservation and related investigation number. (d) LPR data retained by the metropolitan government shall not include any personally identifiable information, except for Allowed PII. (e) To the extent permitted by state law, the metropolitan government shall not sell LPR data for any purpose and shall not share any LPR data, except as provided in subsection G.6. 5. The LPR custodian shall perform an audit of the LPR system and its access history on a regular basis, not less than one time per year. The department shall maintain an audit trail of access to the system for a period of not less than three years, which will include the following: (a) The date and time the information is accessed. (b) The license plate number or other data elements used to query the LPR system, if such data elements are not deleted per subsection G.4 of this section. Data exempt from deletion under subsection G.4., such as data that will be used as evidence in a felony offense or traffic or parking offense, must be preserved for the audit trail pursuant to this subsection. (c) The username of the person who accessed the information. (d) The purpose for accessing the information. (e) To the extent consistent with state or federal law, access to review the Metropolitan Nashville Police Department audit trail including any audit work papers shall be provided to the district attorney, public defender, and the executive director of the community oversight board, or their respective designees. 6. To the extent consistent with state or federal law, the department's stored LPR data may only be shared with other law enforcement agencies using the following procedures: (a) The agency making the request for the LPR data shall submit in writing: i. The name of the agency; ii. The name and title of the person requesting the information; iii. The intended purpose of obtaining the information; and iv. An agreement to adhere to the applicable provisions of this usage and privacy policy. (b) The request shall be reviewed and approved by the custodian before the requested access is granted. (c) If the requested search generates results, the custodian or his or her designee must verify that the results are relevant to the request made prior to sharing the LPR data. (d) The department shall not share any data with any agency that uses that data in a manner broader than allowed by this subsection G.6. Data may only be shared for the purposes outlined in subsection G.1(a). (e) Records of all approved requests, including a record of which account was used to provide the search results, must be maintained for a period not less than three years. 7. To protect against racial and ethnic bias in the use of LPRs, any time a motor vehicle is stopped based on data analysis performed by an LPR: (a) The law enforcement officer who effectuated the stop shall record and provide to their precinct for record keeping and reporting purposes: i. The date, time, and precise location of the stop; ii. Any investigative or enforcement actions that were taken subsequent to the stop, including without limitation: an arrest; a search of a vehicle, driver, or passenger; the issuance of a new ticket, fine, or fee; or the enforcement of an existing ticket, fine, or fee; iii. The self identified race(s) and ethnicities of the driver of the stopped motor vehicle, if voluntarily provided by the driver following the law enforcement officer's request. (b) The race and ethnicity identification categories provided to the driver for selection by the law enforcement officer shall be the same as those under present use by the United States Office of Management and Budget (OMB). (c) No later than March 1 of each year, the Metropolitan Nashville Police Department (MNPD) shall report to the metropolitan council, and shall make publicly available upon the MNPD website, all of the data collected pursuant to this subsection Section G.7(a), by precinct, from the previous calendar year. The reported data shall include no other personally identifiable information. (d) In addition to the reporting requirement in Subsection G.7(c), during the six month pilot program referenced in subsection G.14, the MNPD shall report to the metropolitan council the information required by this subsection G.7(d) every two months. If a resolution is approved to fully implement the MNPD's use of LPR technology, the MNPD shall report such information to the metropolitan council every three months. Each report submitted by the MNPD shall contain the following information, compiled since the end date of its most recent report: i. The number of LPRs in use. ii. The number of matches made by the LPR, including number of matches read correctly and any misread. iii. The number of matches that identified vehicles and individuals sought by law enforcement and that resulted in stops of vehicles or individuals. iv. The number of matches that resulted in searches of vehicles and individuals, releases, arrests, or other outcomes. v. Other information requested by the metropolitan council by resolution. 8. Failure of an employee to comply with this subsection G shall be grounds for disciplinary action in accordance with applicable civil service policies, up to and including termination. 9. LPR data shall only be disclosed in accordance with state and federal law. 10. LPR data obtained from a privately owned or operated LPR system may be used for the purposes authorized in subsection G.1., provided the data is voluntarily provided by the owners or operators of said LPR systems. The custodian shall develop policies and procedures for requesting, protecting, and retaining this data that are consistent with the intent of subsections G.2., G.3., and G.4. 11. Any device or service necessary to effectuate the provisions of this subsection G shall be procured pursuant to the provisions of Title 4 of the Metropolitan Code of Laws, the Procurement Code. During the six month pilot program referenced in subsection G.14, the metropolitan government shall not accept a donation of any LPR, LPR device, or LPR service or any donation of funds for the purchase of any LPR, LPR device, or LPR service from any private source. This shall not limit the metropolitan government's ability to accept a grant from a governmental entity. After the conclusion of the pilot program period, and upon the full implementation of the use of LPR, a donation of any LPR, LPR device, or LPR service or any donation of funds for the purchase of any LPR, LPR device, or LPR service shall be subject to the approval of the metropolitan council by resolution, regardless of the value of the donation. 12. An LPR technology deployment policy shall be developed and implemented by the MNPD to help prevent misuse of LPR technology to track and unfairly target vulnerable communities. Placement of fixed LPR technology in the public right-of-way shall be limited to major and collector streets as defined in the Nashville Next Major and Collector Street Plan, and the location of LPR devices shall be distributed equitably across the north, south, east, and west quadrants of the county. Signage shall be placed by any fixed LPR technology to give notice to the public of the use of such technology at a given location. The signage shall be clearly visible and legible to the motoring public and shall state "License Plate Reader Technology In Use". Fixed LPR technology and related notice signage shall be removed from the public right-of-way at the conclusion of a six-month pilot program referenced in subsection G.14. Subject to the requirements in subsection C and subsection G, fixed LPR technology may be installed in the public right-of-way. Within fifteen days following the termination of a vendor contract or agreement to lease, license, maintain, monitor, or otherwise contract for the right to use, service, or locate LPR technology in the right-of-way, the department shall cause all fixed LPR technology subject to such contracts to be removed, along with related notice signage, from the public right-of-way. 13. A data verification policy shall be developed and implemented by MNPD to help prevent erroneous and potentially dangerous stops based upon incorrect or outdated information. The policy shall require independent verification of the information yielded from a hot list and real time updating of hot list data, as well as a comparison of the accuracy of the hot list data with the accuracy of the LPR images. Hot lists shall be transferred daily and be capable of updating by an operator/officer in the field. The LPR system, both for fixed and mobile LPR units, shall function in such a manner so as to notify an officer when a license plate on the hot list is observed in real time. Historical LPR data shall be searched to determine the date and time a license plate number contained on a hot list passed a certain camera. For purposes of this subsection G., "hot list" means the list of license plate numbers law enforcement agencies have identified as being relevant for the investigation and/or prosecution of a criminal offense. Notwithstanding anything to the contrary in this Section, the metropolitan government shall not in any way use, upload, or refer to a hot list that is related to federal immigration enforcement including without limitation any hot list provided or generated by the U.S. Immigration and Customs Enforcement or any hot list that includes data provided or generated by the U.S. Immigration and Customs Enforcement. 14. Prior to the full implementation of a department's LPR system, there shall be a six month pilot program beginning the first day that the LPR system is operational and in use by the department to determine whether the continued use of LPR technology is appropriate. At least two weeks prior to the conclusion of the pilot program period, the department shall submit a report to the council on the efficacy of the program, compliance with the provisions of this section, and any policies implemented in order to carry out the use of the LPR system. This report shall be posted on the department's website. At the end of the six month pilot program, the use of LPR technology by a department shall cease unless the metropolitan council approves the full implementation of the department's use of LPR technology upon adoption of a resolution. H. Notwithstanding the foregoing, the provisions of this section shall not apply to the Nashville Electric Service, the Metropolitan Nashville Airport Authority, the Metropolitan Development and Housing Agency, and the Metropolitan Transit Authority. Notwithstanding the foregoing, the provisions of this section shall also not apply to the operation of a license plate scanner installed onto or within the public right-of-way that meets each of the following conditions: a. The license plate scanner is used solely and exclusively for determining whether a vehicle is violating parking restrictions; and b. A specific vehicle's license plate number shall be deleted within thirty minutes of its exit from a monitored parking space, unless that vehicle is suspected of violating parking restrictions for which enforcement action would be appropriate. I. In addition to the provisions of subsection G. of this section, license plate scanner technology shall be allowed if all of the follow requirements are met: a. The license plate scanner is used solely and exclusively in conjunction with a vehicle emissions sensor as part of an emissions inspection program authorized under local, state or federal law; b. The data from the license plate scanner and vehicle emissions sensor is used solely and exclusively for purposes of determining compliance with vehicle emissions standards; c. A determination by the vehicle emissions sensor that a vehicle identified by the license plate scanner is not in compliance with applicable emissions standards shall not lead to any penalty or punitive action against the registered vehicle owner; d. No fewer than two such license plate scanners shall be in operation within Davidson County at any given time; and e. Data that can be used to pair a specific vehicle's license plate number, VIN, or other unique identifier with a specific geographic location shall not be recorded. J. The Metropolitan Department of Information Technology Services and/or the Nashville Department of Transportation and Multimodal Infrastructure may use technology/equipment for the sole and exclusive purpose of monitoring and managing traffic for non-law enforcement purposes. Such technology shall: 1. not save or store data that can be associated with any specific individual or group; 2. not include video that can be paused, rewound, or otherwise viewed in any manner other than real-time; 3. not be monitored by, used by, or acquired by law enforcement personnel for law enforcement purposes, including but not limited to the purposes listed in subsection (E), except for real-time emergency response to support public safety; and 4. be reviewed by the Metropolitan Department of Information Technology Services for data and network security concerns prior to implementation. K. MNPD may enter into an agreement to participate in a community safety camera network that includes donor cameras, subject to all applicable ordinances. Such participation shall comply with the following additional requirements and restrictions: 1. Community Safety Camera Network Locations and Access a. Public safety cameras shall not be installed in a location where there is a reasonable expectation of privacy. A map showing the locations of public safety cameras owned and operated by MNPD shall be posted on the MNPD website. b. MNPD shall not have access to a donor camera which: i. Views an area where there is a reasonable expectation of privacy; ii. Focuses on an area not owned by the operator of the donor camera; iii. Views an area other than a common area; iv. Is installed upon the property of a residential use and views an area which includes the front door of a residence or the entryway thereto; v. Is installed upon the property of a multifamily residential use and focuses on an area other than a parking lot, parking garage or other outdoor common area. c. MNPD shall access a donor camera only: i. In a manner accordant with the parameters set by the private entity who owns the donor camera; and ii. Only for the purpose of responding to a public health and safety emergency or conducting an audit of the community safety camera network or a component thereof. d. Cameras shall only be accessed from within the CSC. e. MNPD shall not have access to live video from a donor camera if located upon the property of a solely residential use. 2. System Restrictions a. MNPD shall not record the feed of any camera not owned and operated by MNPD. All non-evidentiary video footage shall be the property of the camera's owner. b. The community safety camera network shall not be used to identify individuals, or the characteristics thereof, through the use of facial recognition technology. The community safety camera network shall not be used to identify individuals, or the characteristics thereof, through the use of artificial intelligence or machine learning-based solutions, excluding the use of such technologies to make an image more interpretable. The community safety camera network shall not utilize artificial intelligence, machine learning-based solutions, or any other artificial mechanism to capture conversations through automated lip reading. c. The community safety camera network shall not be used to target, harass, and/or intimidate individuals or groups based solely on actual or perceived characteristics, included but not limited to race, color, religion, sex, age, national origin or ancestry, gender identity, sexual orientation, or disability. d. In accordance with MNPD policy provisions regarding the duty to intervene, MNPD employees are required to intervene and stop any MNPD employee from committing an unlawful or improper act as it relates to this subsection K and report such violations. e. In accordance with MNPD policy provisions regarding the duty to intervene, where video collected from the community safety camera network captures any MNPD employee utilizing excessive or unlawful force, such video shall be immediately preserved and provided to the MNPD office of professional accountability and the district attorney general. f. MNPD shall not share video from donor cameras with any individual, group, or entity for a purpose not outlined in subsection K.1(c). 3. Policies Required a. MNPD shall develop and publish on its website a policy addressing authorized access to and use of the community safety camera network which includes: i. Criteria for designating personnel who may access the community safety camera network. ii. Training standards for such personnel. Those standards shall, at a minimum, include applicable laws, policies, procedures, authorized and prohibited uses, and duty to intervene. iii. Procedures for disciplinary action for failure to adhere to the policy. b. MNPD shall develop and publish on its website a policy for retention of videos obtained through the community safety camera network which includes: i. Acknowledgment that MNPD shall not set retention policies for donor camera video saved on systems belonging to private entities. ii. Reiteration of existing MNPD policies for retention of video from cameras owned and operated by MNPD. iii. Acknowledgment that video that has evidentiary value shall be collected in accordance with established MNPD procedures and legal requirements. c. MNPD shall post a log of all changes to these policies which includes a clear indication of what language was added, removed, or replaced as well as the date of the change. 4. System Audits and Reporting a. Each officer responsible for accessing donor cameras shall be required to document in writing: i. The date, time, and circumstance of each instance of accessing a donor camera; and ii. A narrative detailing the purpose for accessing the donor camera. b. The commander of the CSC shall perform an audit of the community safety camera network on a regular basis, not less than one time per quarter. The department shall maintain an audit trail of access to donor cameras for a period of not less than three years, which will include the following: i. The date and time that a donor camera is accessed. ii. The username of the person who accessed the donor camera. iii. The purpose for accessing the donor camera. iv. The outcome of the incident which caused the accessing of a donor camera. c. No later than September 1 of each year, MNPD shall report to the metropolitan council, and shall publish on the MNPD website, the following data from the previous fiscal year: i. The number of donor cameras registered as part of the camera safety network. ii. The number of incidents in which one or more donor cameras were accessed. iii. Outcomes of incidents which caused the accessing of donor cameras. d. Any violation of this ordinance or material violations of the community safety camera network access or use policies shall be reported to the mayor and metropolitan council within seven days of discovery. e. The metropolitan government may, upon the authorization of the mayor or the metropolitan council, hire an independent firm to conduct an audit of the records created and kept under this section. 5. Contract Requirements a. Any contract to effectuate the provisions of this subsection K shall be procured pursuant to the provisions of Title 4 of the Metropolitan Code of Laws, the Procurement Code. b. Any such contract shall include a termination clause which immediately terminates the contract upon written notice after a finding by MNPD or metropolitan department of law, or a vote of the metropolitan council, that one or more of the following occurred: i. A change in applicable law, including but not limited to federal or state statute, regulation, ordinance, executive order, or directive, that would permit the use of the community safety camera network in a manner not specifically authorized in the agreement approved by the metropolitan council and applicable ordinances and policies. ii. The use of the community safety camera network in a manner that the culpable individual knew or should have known was not specifically authorized by the metropolitan council under the contract and applicable ordinances and policies in place on the date of execution. 6. A public hearing shall be required to be held at a metropolitan council meeting prior to passage of an ordinance amending this subsection K. (Amdts. A—D to Ord. BL2025-690 § 2, 2025; Ord. BL2025-690 §§ 1, 2, 2025; Ord. BL2023-71 § 1, 2023; Ord. BL2022-1470 § 1, 2022; Ord. BL2022-1385 § 1, 2022; Amdt. 1 to Ord. BL2022-1115 § 1, 2022; Ord. BL2022-1115 §§ 1, 2, 2022; Ord. BL2022-1116 §§ 1, 2, 2022; Ord. BL2022-1114 §§ 1, 2, 2022; Amdt. C to Ord. BL2021-961 § 1, 2022; Amdt. B to Ord. BL2021-961 § 1, 2022; Amdt. A to Ord. BL2021-961 § 1, 2022; Ord. BL2021-961 §§ 1, 2, 2022; Ord. BL2021-679 §§ 1, 2, 2021; Ord. BL2021-646 § 17, 2021; Ord. BL2020-457 § 1, 2020; Amdt. 2 to Ord. BL2017-646 § 1, 2017; Amdt. 1 to Ord. BL2017-646 § 1, 2017; Ord. BL2017-646 § 1, 2017)

Metropolitan Code of Nashville and Davidson County § 13.08.090 Gravel runoff.

13.08.090 - Gravel runoff. No gravel placed on private property, including as surfacing material for a driveway, shall be allowed to wash or encroach into the public rights-of-way. (Ord. BL2020-188 § 2, 2020)

Metropolitan Code of Nashville and Davidson County § 13.08.100 Truck vending permit program established.

13.08.100 - Truck vending permit program established. A. Notwithstanding all other provisions within the Metropolitan Code to the contrary, the Metropolitan Department of Transportation and Multimodal Infrastructure ("NDOT") is hereby authorized to administer and enforce a truck vending permit program to allow vendors to operate, park, and sell food, beverages, and other merchandise, from trucks or other motor vehicles, within the metropolitan government's public rights-of-way ("truck vending permit program"). B. Notwithstanding all other provisions within the Metropolitan Code to the contrary, the traffic and parking commission is hereby authorized to establish rules and regulations to govern the truck vending permit program. C. Any party vending from a motor vehicle within the metropolitan government's public rights-of-way, who does not have in place a current truck vending permit from NDOT, shall be deemed to have committed a violation of the Metropolitan Code and shall be subject to all applicable penalties provided for violations of the Metropolitan Code. D. This subsection shall not apply to truck vendors who operate outside of the public right-of-way. (Ord. BL2024-391 § 1, 2024)

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_DIVIGERE_CH13.08STALSIFetched: 10/28/2026