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Second Substitute Bill BL2018-1202 (as amended)

An ordinance amending Title 12 of the Metropolitan Code of Laws to regulate operators of systems of shared urban mobility devices, such as bicycles and scooters, and to establish a permitting system for same.

WHEREAS, the Metropolitan Government of Nashville and Davidson County has a fundamental responsibility to ensure safe passage on public rights-of-way, to protect public health, safety and welfare, and govern commerce in the public right-of-way; and,

WHEREAS, the Metropolitan Government has the authority under state law and the Metropolitan Charter to regulate commerce and commercial equipment that use the public rights-of-way; and,

WHEREAS, the Metropolitan Government has the authority under state law and the Metropolitan Charter to regulate the operation of vehicles on the public right-of-way, including streets, roads, bike lanes, sidewalks, and other thoroughfares; and,

WHEREAS, the Metropolitan Government endeavors to provide for the safety of all persons and equipment in the rights-of-way; and,

WHEREAS, it is necessary to ensure that systems of shared urban mobility devices (SUMDs), such as bicycles and scooters, are operated in a manner that is safe for all riders, pedestrians, and drivers; and,

WHEREAS, it is necessary to incorporate SUMDs into Nashville’s transportation infrastructure; and,

WHEREAS, it is necessary to ensure that SUMDs are parked in a manner that does not clutter the public right of way or obstruct access for pedestrians, cars, bicycles, transit, or other modes of transportation; and,

WHEREAS, it is the desire of the Metropolitan Council to encourage and provide for new transportation options for Nashville residents and visitors; and,

WHEREAS, SUMD sharing programs can provide alternative transportation to relieve traffic congestion and provide “last mile” access to public transit; and,

WHEREAS, it is the desire of the Metropolitan Council to encourage and foster innovative transportation options in Nashville to ease the city’s increasing traffic congestion; and,

WHEREAS, it is the desire of the Council for the Metropolitan Government of Nashville and Davidson County to partner with private entities to make new and innovative transportation options widely available to Nashville residents and visitors; and,

WHEREAS, it is the desire of the Metropolitan Council for there to be equitable access to SUMDs, and for them to be available in neighborhoods and communities that are underserved by mobility and transportation options; and,

WHEREAS, SUMDs can serve as an alternative to automobiles, reduce pollution and carbon emissions, and improve air quality; and,

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

Section 1. That Title 12 of the Metropolitan Code of Laws be amended to add a new chapter, “Chapter 12.62 – Shared Urban Mobility Devices” as follows:

Chapter 12.62 – Shared Urban Mobility Devices

Section 12.62.010 – Definitions

The following words and phrases shall have the meanings set forth below, unless the context clearly requires otherwise:

“Business District”, as defined in Tenn. Code Ann. §55-8-101(9), means the territory contiguous to and including a highway when, within any six hundred feet (600') along the highway, there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, or office buildings, railroad stations and public buildings that occupy at least three hundred feet (300') of frontage on one (1) side or three hundred feet (300') collectively on both sides of the highway.

“Shared Urban Mobility Device (SUMD) system” or “System” means a system which provides urban mobility devices for short-term rentals for point-to-point trips Such a System can be a Lock-to SUMD System or a dockless SUMD system.

“Lock-to Shared Urban Mobility Device (SUMD) system” means a system which provides SUMDs for short-term rentals for point-to-point trips which must be locked or secured to a stationary object. A SUMD that is not lock-to would be dockless.

“Operator” means a corporation, firm, joint venture, limited liability company, partnership, person, or other organized entity that operates a SUMD system, whether for profit or not for profit.

“Powered” means electric or motorized; in the case of a UMD, it also means any other technology that allows the UMD to be self-propelled.

“Urban Mobility Device (UMD)” means bicycles, tricycles, scooters, hoverboards, skateboards, pedal cars, and other similar devices, whether they are powered or nonpowered. A UMD does not include devices used as assistive mobility devices by persons with disabilities.

“User” means a person who rents and uses a UMD from an operator.

Section 12.62.020 – Application for Permit

  1. A Pilot Program is hereby created to allow for operators which desire to operate a SUMD system or business within the limits of the Metropolitan Government of Nashville and Davidson County. No person shall operate a SUMD System without first obtaining a certificate of public necessity and convenience to do so as provided in this Chapter. Any operator interested in applying for a certificate of public necessity and convenience shall submit an application to the Metropolitan Transportation Licensing Commission (MTLC).
  2. The application must include these items:
    1. A completed Certificate of Public Convenience and Necessity Application, in a form approved by the MTLC, which includes the following information and is accompanied by a payment of the $500 application fee :
      1. Images and description of SUMDs and mobile application;
      2. Size of fleet at launch, including any planned fleet expansions during the pilot period;
      3. Service area at launch, including any planned expansions during the pilot period;
      4. A written plan for educating users on proper SUMD operation and parking;
      5. A written plan for providing equitable access in neighborhoods and to communities and users that are underserved by mobility and transportation options, as described in section 12.62.090 of this chapter; and
      6. A written plan for complying with this ordinance and its requirements.
    2. Certificate of Insurance, pursuant to Sec. 12.62.030.D.
  3. If the MTLC staff determines that the application meets all the requirements above, the applicant/operator shall submit the items below prior to issuance of the permit.
    1. Program Administrative Fee, pursuant to Sec. 12.62.070.A.;
    2. Performance Bond, pursuant to Sec. 12.62.050.D.; and
    3. Five (5) account logins to allow Metropolitan Government staff to login to the operator’s system as if they were a User, for oversight.
  4. The number of permitted operators shall not be limited by the Metropolitan Government.
  5. During this pilot program, a certificate of public necessity and convenience shall be issued for one (1) year and may be renewed by the MTLC only after re-application.
  6. Permitted operators are not entitled to and have no automatic right to renewal of their permit, and operators must comply with any and all ordinances, regulations or policies that are duly and lawfully adopted by the Metropolitan Government after a permit is approved.
  7. Any operator determined to have operated without a proper permit within the geographic boundaries of Nashville and Davidson County after June 15, 2018 shall be prohibited from obtaining a permit for one (1) year from the effective date of this ordinance.
  8. The MTLC is authorized to promulgate regulations to interpret and administer this chapter.

Section 12.62.030 – Safety Regulations

  1. To be eligible for a permit, the following standards must be met:
    1. All bicycles used by operators issued a permit under this chapter shall meet the standards set forth in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 – Regulations for Bicycles and ISO 43.150 – Cycles, subsection 4210. All bicycles shall meet the requirements for lights during hours of darkness described in Tennessee Code Annotated § 55-8-177. This includes a front light that emits white light and a rear red reflector.
    2. All electric bicycles used by operators issued a permit under this chapter shall meet the standards set forth for bicycles, including a front light that emits white light and a rear red reflector, and shall meet the National Highway Traffic Safety Administration definition of low-speed electric bicycle. Each electric bicycle must have fully operable pedals, two (2) or three (3) wheels, any of which is twenty inches (20") or more in diameter, an electric motor of less than 750 watts, and a top motor-powered speed of less than 20 miles per hour when operated by a rider weighing 170 pounds. An electric bicycle must meet the standards set forth in Tennessee Code Annotated Title 55, Chapter 8, Part 3. If it is determined that any battery or motor on an electric bicycle is unsafe for public use, the Metropolitan Government reserves the right to terminate the permit issued under this pilot program.
    3. All electric scooters used by operators issued a permit under this chapter shall meet the standards set forth for electric bicycles, including a front light that emits white light and a rear red reflector, except an electric scooter need not have fully operable pedals nor wheels of twenty inches (20”) or more in diameter. An electric scooter shall have a foot board for the user to stand upon and no seat. Each scooter shall have a top motor-powered speed of less than 15 miles per hour when operated by a rider weighing 170 pounds. If it is determined that any battery or motor on a scooter is unsafe for public use, the Metropolitan Government reserves the right to terminate the permit issued under this pilot program.
    4. The MTLC is authorized to adopt safety standards to address other types of UMD’s, including but not limited to (non-electric) types of powered UMD’s, if it chooses to allow them.
  2. All operators permitted pursuant to this program shall provide a mechanism for users to notify the operator of any safety or maintenance issues with the SUMDs.
  3. All operators shall affix to any SUMD visible language that notifies the user:
    1. A SUMD shall not be operated upon a sidewalk within a business district.
    2. Whenever operating a SUMD upon a sidewalk, the user shall yield to any pedestrian and shall give a signal audible to such pedestrian before overtaking and passing him or her.
    3. Helmet use is encouraged while riding.
    4. When riding on a street, users must follow the rules of the road as one would in a motor vehicle.
    5. All operators must provide a 24-hour customer service phone number for users and the general public to report safety concerns, complaints or ask questions.
    6. Each SUMD must be labeled with a unique identifier.
  4. All permitted operators shall have a minimum of one million dollars ($1,000,000) in automobile insurance and two million dollars ($2,000,000) per occurrence in commercial general liability insurance. The Certificate Holder’s Insurance shall be primary for any liability arising out of its User’s use of that Certificate Holder’s SUMD.
  5. Prior to a certificate of public convenience and necessity being issued, all certificate holders shall sign and record with the MTLC an indemnification agreement (in a form approved by the Metropolitan Department of Law) in which the certificate holder agrees to indemnify and hold harmless the Metropolitan Government of Nashville and Davidson County. The certificate holder shall further include in its agreements with its users a term that its users must agree to as prerequisite to the use of the SUMD: that the user fully releases and waives all liability of the Metropolitan Government for any injury or harm the user experiences arising from the user’s use of the certificate holder’s SUMD.
  6. Permitted operators shall agree that the Metropolitan Government is not responsible for educating users on how to ride or operate a SUMDs.
  7. Permitted operators shall inform and regularly educate all users regarding all laws and regulations applicable to riding, operating and parking a SUMD and instruct users to comply with these laws and regulations.
  8. All SUMDs shall include on-board GPS to ensure an operator’s ability to locate and retrieve them as needed.
  9. Operators shall ensure that on a regular basis all SUMDs are inspected, maintained, and replaced as necessary.
  10. All certificate holders are required to submit monthly reports to the MTLC certifying under oath their compliance with all of the requirements of this ordinance. The MTLC staff, at their discretion, shall have the right to inspect all SUMDs and records of the operator in order to verify the accuracy of such certifications. Any false certifications shall result in the revocation of the certificate holder’s certificate of public convenience and necessity, after notice and a hearing regarding same before the MTLC.
  11. Operators shall be capable of remotely disabling the use of a SUMD should it be reported or found to have a safety, maintenance or other hazardous condition.

Section 12.62.040 – Parking and Use of Shared Urban Mobility Devices

  1. Operators shall inform users on how and where to properly use and park a SUMD.
  2. Permits issued pursuant to this chapter are valid only for operations within the public right-of- way within the jurisdiction of Metro. Additional zones may be established for other locations upon coordination with the appropriate department, agency, and/or property owner.
  3. Any SUMD parked in any one location for more than two (2) consecutive days without moving may be removed by the department of public works and taken to a facility designated by the department for storage at the expense of the operator. The department of public works shall invoice the operator.
  4. Any SUMD shall be upright when parked.
  5. SUMDs shall not be parked in such a manner as to impede the right of way or impede access to the right of way, consistent with the following:
    1. SUMDs shall be parked in the frontage zone as defined in the Major and Collector Street Plan (MCSP), or furnishing zone as defined by the adopted standards of the Metropolitan Government, or at a bicycle rack owned or operated by the Metropolitan Government. Operators shall inform customers on how to park SUMDs properly, following the requirements for parking of bicycles outlined in section 12.60.140.
    2. Restrictions to eligible SUMD parking zones on sidewalks:
      1. SUMDs shall not be parked on blocks where the frontage/furnishing zone is less than 3 feet wide, or where there is no frontage/furnishing zone.
      2. On blocks without sidewalks, SUMDs may be parked if the travel lane(s) and 6-foot pedestrian clear zone are not impeded.
      3. Metro, through its Traffic and Parking Commission, reserves the right to determine certain block faces where free-floating SUMD parking is prohibited. Geo-fenced areas may be used to designate where SUMD parking is or is not allowed.
      4. SUMDs shall not be parked in the frontage/furnishing zone adjacent to or within:
        1. Parklets;
        2. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks;
        3. B-Cycle stations;
        4. Loading zones;
        5. Disabled parking zone;
        6. Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, etc.);
        7. Curb ramps;
        8. Entryways; and
        9. Driveways.
  6. All permitted operators shall provide contact information for relocation requests on each SUMD.
  7. SUMD shall not be operated upon a sidewalk within a business district. The Traffic and Parking Commission may also determine specific areas as business districts.
  8. Whenever operating a SUMD upon a sidewalk, the user shall yield to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
  9. All permitted operators shall comply with any restrictions developed by the Metropolitan Government regarding where SUMDs can be deployed, placed, parked, and operated.
  10. Only one person shall be on a SUMD, unless it is equipped with seating for additional users.
  11. An operator shall not allow a powered SUMD to be operated by a person who is less than eighteen (18) years or older.
  12. An operator shall not allow an SUMD that meets the definition of a motorized vehicle to be operated by any person who does not have a valid driver’s license.
  13. In addition to penalties assessed for any separate violation of Tennessee law or Metropolitan Code of Laws, any violation of this ordinance by a user in the operation or parking of a SUMD shall be a fine of twenty-five dollars ($25) to be assessed on the SUMD and paid by the owner of the SUMD.
  14. All Metropolitan Government departments and entities are encouraged but not required to find innovative ways to accommodate and incorporate the use and parking of SUMDs.

Section 12.62.050 – Operations of Shared Urban Mobility Device Systems

  1. All permitted operators shall have a staffed operations center within the boundaries of the Metropolitan Government of Nashville and Davidson County.
  2. All permitted operators shall have a 24-hour customer service phone number for users and the general public to report safety concerns, complaints or ask questions. The phone number shall be visible on all of the operator’s SUMD, signage and other equipment.
  3. All permitted operators shall create and maintain a Nashville-specific website and/or social media platform that includes information on Metropolitan Government regulation of SUMDs and other relevant and appropriate information regarding their operation. The site shall also explain the terms of service, including user instructions, privacy policies, and all fees, costs, penalties, and unexpected charges.
  4. All permitted operators shall provide the Metropolitan Transportation Licensing Commission (MTLC) with contact information, such as name, phone number, and email, of a Nashville-based manager or operations staff available 24 hours a day, 7 days a week. The Nashville-based manager or operations staff shall be capable of re-balancing or relocating SUMDs and be able to respond to requests, emergencies, and other issues at any time.
  5. All permitted operators shall have a performance bond of eighty dollars ($80) per SUMD, with a cap of one hundred thousand dollars ($100,000). The form of the bond shall be approved by the Metropolitan Department of Law. These funds shall be accessible to the Metropolitan Government for future public property repair and maintenance costs that may be incurred related to SUMD use, removing, and storing SUMDs improperly parked, or if a company is not present to remove SUMDs if its certificate of public convenience and necessity is terminated. If a permitted operator increases the size of their fleet, the performance bond shall be adjusted appropriately before deploying additional SUMDs.
  6. Permitted operators shall respond to requests for rebalancing, relocation, reports of incorrectly parked SUMDs, or reports of unsafe/inoperable SUMDs by relocating, re-parking, or removing SUMDs, as appropriate, within 2 hours of notification between 6am and 10pm on weekdays, not including holidays, and within 10 hours of notification all other times. Any inoperable or unsafe SUMD shall be removed within 2 hours of notification, and it must be repaired before placed back onto the right-of-way or into revenue service. The MTLC may designate specific areas with different time requirements.
  7. Every SUMD shall have a unique identifier, such as a unit number, that is visible to the user on the SUMD.
  8. If the Metropolitan Government or any department or agency thereof incurs any costs as a result of addressing or abating a permittee operator’s violation of these requirements, or incurs any costs of repair or maintenance of public property, upon receiving written notice of the costs, the permitted operator shall reimburse the Metropolitan Government for such costs within thirty (30) days.
  9. After notice and a hearing, the MTLC may take disciplinary action, including revocation, suspension or probation, against any certificate holder who fails to comply with this ordinance, any other provision of the Metropolitan Code or any other applicable law. MTLC staff is authorized to take any temporary action until a hearing is held.
  10. Upon revocation or surrender of a certificate of public necessity and convenience, decommissioning shall be completed within thirty (30) days unless a different time period is determined by MTLC or its staff.
  11. The MTLC and the Metropolitan Nashville Police Department shall establish, and all permitted operators shall comply with, procedures and protocol in the event of extreme weather, emergencies, and special or large events.
  12. Permitted operators shall respond to reports of incorrectly parked SUMDs, requests for rebalancing, or requests for relocation of SUMDs, and must take corrective action within forty-eight (48) hours of notification.
  13. The MTLC and the Metropolitan Traffic and Parking Commission, and their respective staffs have the power and are authorized to do all acts and things necessary or convenient to implement this ordinance, compel compliance with this ordinance, to promote and protect public safety, and to ensure the right of way is not impeded.
  14. MTLC or its staff may limit the hours of operation of SUMDs or the streets within the metropolitan area in which they can operate. Any deviation from the approved hours or locations of operation must be approved by the MTLC or its staff. Any approved deviation must be reported to the MTLC or the MTLC director staff prior to beginning of operations.

Section 12.62.060 – Data Sharing

  1. Permitted operators shall provide the Metropolitan Information Technology Services Department ("Metro ITS") with real-time information on their entire fleet within Nashville and Davidson County through a documented application program interface (API). The permitted operator is directly responsible for providing an API key and REST specifications to Metro ITS. The data available must at least include the following information in real time for every SUMD parked in the Metropolitan Government operational area:
    Field Name Format Description
    GPS Latitude Decimal (12,9) Point location X
    GPS Longitude Decimal (12,9) Point location Y
    SUMD ID number Varchar (25) SUMD Type + Unique identifier for every SUMD, determined by company
    Type of SUMD Varchar (25) “Standard” or “Powered”
    Fuel/charge level Decimal (5,4) Ratio of charge level to full charge (50.1234%)
    SUMD Group Varchar (25) Name of the SUMD group (“bicycle”, “tricycle”, “scooter”, “hover board”, “skateboard”, “pedal car” or "other”)
    Current rental rate per minute Decimal (5,2) -
  2. The Metropolitan Government is permitted to display real-time data provided via the API described in 12.62.060.A.
  3. The Metropolitan Government is able to publish real-time SUMD availability data to the public.
  4. All permitted operators shall provide the following anonymized data for each trip record to inform and support safe and effective management of the SUMD system, and for transportation planning efforts. The permitted operator is directly responsible for providing an API key and specifications to Metro ITS based on the following:
    Field Name Format Description
    Company Name Varchar (25) Company Name
    Type of SUMD Varchar (25) "Standard" or "Powered"td>
    SUMD Group Varchar (25) Name of the SUMD group
    Trip record number Varchar (25) 3 letter company acronym + consecutive trip #, Xxx#, xxx#+1, xxx#+2, …
    SUMD ID number Varchar (25) SUMD Type + Unique identifier for every SUMD, determined by company
    Trip duration Decimal (9,3) Minutes
    Trip distance Decimal (5,4) Feet
    Start date Date (YYYY-MM-DD) n/a
    Start time Time (HH:MM:SS) n/a
    End date Date (YYYY-MM-DD) n/a
    End time Time (HH:MM:SS) n/a
    Start latitude Decimal (12,9) Point location X
    Start longitude Decimal (12,9) Point location Y
    End latitude Decimal (12,9) Point location X
    End longitude Decimal (12,9) Point location Y
    Trip Route Varchar (256) Sequential GPS coordinates for entire trip duration at a minimum collection frequency of one per 30 seconds.
  5. The Metropolitan Government is able to publish the anonymized trip record data to the public.
  6. For oversight of parking compliance and SUMD distribution by minute, all permitted operators will provide Metro ITS with real-time information on the availability and identity of all parked vehicles through a documented REST application program interface (API). The permitted operator is directly responsible for obtaining an API key from Metro ITS to which they will publish the data described below, updated at a frequency of every five minutes. Data shall be submitted to the Metro Open Data Portal, where it will be made available to the public.
    Field Name Format Description
    GPS Latitude Decimal (12,9) Point location X
    GPS Longitude Decimal (12,9) Point location Y
    Availability duration Time (HH:MM:SS) Minutes
    Availability start date Date (YYYY-MM-DD) n/a
    Availability start time Time (HH:MM:SS) n/a
    Company website Varchar (128) Link to website with customer service capability
    Company phone Decimal (10,0) Local customer service number
    Real Time Fare Decimal (5,2) Real-time fare per unit distance
    SUMD Type Varchar (25) "Standard" or "Powered"
    SUMD Group Varchar (25) Name of the SUMD group - “bicycle”, “tricycle”, “scooter”, “hoverboard”, “skateboard”, “pedal car” or "other”
    SUMD ID Varchar (25) SUMD Type + Unique identifier for every SUMD, determined by company
  7. Permitted operators and their customers shall consent to the sharing of operator data by the Metropolitan Government with the Metro Transportation Data Collaborative (MTDC). Permitted operators shall include in terms of use that customers also consent that trip data will be shared with the Metropolitan Government and become public record. (All data will be anonymized).
  8. All permitted operators shall consent to distribute to all users a customer survey, provided by the MTLC, under circumstances agreed to by the Metropolitan Government and the company regarding customer service and program evaluation.
  9. All permitted operators under this pilot permit program shall keep a record of maintenance activities, including but not limited to SUMD identification number, maintenance performed, and SUMDs retrieved due to unauthorized parking. These records shall be sent to MTLC weekly.
  10. All permitted operators agree to participate with any evaluation of the program.
  11. All permitted operators will first clean data before providing or reporting data to Metro. Data processing and cleaning shall include:
    1. Removal of staff servicing and test trips
    2. Removal of trips below one minute
    3. Trip lengths are capped at 24 hours
  12. Permitted operators shall provide all data so that individual users can not be identified.
  13. Should the Metropolitan Government adopt a standard or standards for SUMD data collection, each permitted operator shall achieve compliance with such standard(s) within ninety (90) days of receipt of notification of updated interface availability from the Metropolitan Government, submitted to the operator address on record.

Section 12.62.070 – Fees

  1. Applicants shall pay a program administrative fee of thirty-five dollars ($35) per SUMD to the MTLC for the administrative costs during pilot permit program. Operators will be required to pay this administrative fee for any additional SUMD expansions. This fee must be renewed annually, and may change at any time by resolution of the metropolitan council. The MTLC may make recommendations to the metropolitan council about the amount of the fee at any time for any reason.
  2. If any stations or other structures are proposed, each site shall require additional review deposits and permitting, including obtaining a separate encroachment permit.

Section 12.62.080 – Number of Shared Urban Mobility Devices allowed

  1. Permitted operators’ fleets shall be limited in number with separate limitations for each type or category of SUMD, such as bicycles, powered bicycles, and powered scooters. The MTLC may establish other categories of SUMDs.
  2. Each type of category of SUMD in a permitted operator’s fleet shall be limited in number to 500 for each category of shared vehicle during the first month, 750 during the second month, and 1,000 beginning in the third month of the pilot. After the third month, permitted operators may apply to the MTLC to expand beyond the cap for each type of SUMD, if they fulfill the other requirements contained in this chapter.
  3. At any time the MTLC or its staff shall allow permitted operators to increase their fleet size on a monthly basis beyond the above limitations if the permitted operators’ provided data demonstrates their fleet is being used above the average utilization threshold.
  4. Each expansion or increase in fleet size shall require a determination by the MTLC or its staff that:
    1. the permitted operator has fulfilled the requirements of this chapter;
    2. the number of violations associated with the SUMDs of that operator is below a threshold to be established by the MTLC; and
    3. the type or category of SUMD in the permitted operator's current fleet to be increased is meeting or exceeding the average utilization threshold.
  5. The MTLC shall determine the average utilization threshold for SUMDs for each type of vehicle after gathering information and consulting with appropriate entities. The average utilization shall only be determined after notice and a hearing of the MTLC. Until the MTLC determines the average utilization threshold, the threshold for SUMDs shall be as follows:
    1. For scooters the average trip per scooter during the prior month shall exceed 3 trips per day;
    2. For electric bicycles, the average trip per bicycle during the prior month shall exceed 2 trips per day;
    3. For bicycles, the average trip per bicycle during the prior month shall exceed 1 trip per day;
  6. The MTLC may require permitted operators to reduce their fleet size on a monthly basis if permitted operators’ provided data demonstrates their fleet is being used below the average utilization threshold. Reduction of a permitted user’s fleet size according to this section shall only be implemented after notice and a hearing before the MTLC. The MTLC may adopt criteria for reducing fleet size.
  7. A permitted operator shall notify the MTLC if it plans to change its fleet size, within the parameters permitted above, two weeks before deployment. This notice shall include the additional program administrative fee for the expanded fleet and documentation of its updated performance bond.
  8. All permitted operators shall have systems with service areas that do not exceed 340 of each type of SUMDs per square mile. The MTLC shall designate the location of the square mile locations in relation to service areas.
  9. Any permitted vendors operating systems with more than 1,000 SUMDs must include Nashville Promise Zones in 20% or more of their service area.

Section 12.62.090 – Equitable access

  1. Permitted operators shall have a plan to provide equitable access in neighborhoods and to communities and users that are underserved by mobility and transportation options.
  2. Permitted operators are encouraged to:
    1. Provide pricing options that address the needs of low-income residents;
    2. Provide discount programs to low income individuals;
    3. Develop options that do not require a smartphone;
    4. Provide cash-payment options; and
    5. Provide adaptive SUMDs that enable operation by people with disabilities.

Section 12.62.100 – Study by Metropolitan Government

  1. The MTLC shall conduct a study no later than July 1, 2019 to:
    1. Determine if revenue generated by fees covers the cost of permitting, administration, compliance and enforcement;
    2. Determine the impact of SUMDs; and
    3. Recommend changes to this ordinance or other Metropolitan Government ordinances, policies or practices.

Section 2. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsor(s)

Jeremy Elrod, Burkley Allen

Related Documents

Legislative History

IntroducedJune 5, 2018

Passed First ReadingJune 5, 2018

Referred toTraffic and Parking Commission
Public Safety, Beer, and Regulated Beverages Committee - Approved 07/17/2018
Public Safety, Beer, and Regulated Beverages Committee - Approved 08/07/2018
Public Works Committee - Approved 07/17/2018
Public Works Committee - Approved 08/07/2018
Traffic, Parking, and Transportation Committee - Approved 07/17/2018
Traffic, Parking, and Transportation Committee - Approved 08/07/2018

Substitute IntroducedJune 19, 2018

DeferredJune 19, 2018

DeferredJuly 3, 2018

Second Substitute IntroducedJuly 17, 2018

DeferredJuly 17, 2018

AmendedAugust 7, 2018

Passed Second ReadingAugust 7, 2018

Passed Third ReadingAugust 21, 2018 - Roll Call Vote

ApprovedAugust 29, 2018

ByMayor Briley's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 09/28/2018 1:05 PM