Second Substitute Bill BL2018-1441 (as amended)
An ordinance amending Chapters 12.62 and 12.84 of Title 12 of the Metropolitan Code of Laws regarding shared urban mobility devices.
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 12, Section 12.62.020, Subsections B through H of the Metropolitan Code of Laws is hereby amended by deleting said subsections in their entirety and replacing them as follows:
B. The application must include these items:
- 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 a $500 nonrefundable application fee:
- Images and description of SUMDs and mobile application;
- Size of fleet at launch, including any planned fleet expansions during the pilot period;
- Service area at launch, including any planned expansions during the pilot period;
- A written plan for educating users on proper SUMD operation and parking;
- 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
- A written plan for complying with this ordinance and its requirements.
- Certificate of Insurance, pursuant to Sec. 12.62.030.D.
C. 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. Nonrefundable 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.
D. A certificate shall not be transferred or sold unless approved by the MTLC.
E. 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.
F. 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.
G. 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.
H. The MTLC is authorized to promulgate regulations to interpret and administer this chapter.
I. If a permitted SUMD operator fails to apply for renewal prior to the end of their certificate, the SUMD operator shall be treated as a new applicant.
Section 2. That Section 12.62.040.E shall be amended by deleting it in its entirety and substituting therefore the following:
E. 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:
- SUMDs shall be parked in the frontage zone as defined in the Major and Collector Street Plan (MCSP), or in the hard surfaces of a furnishing zone (e.g., concrete or asphalt surface; never in a planted area) 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.
- Restrictions to eligible SUMD parking zones on sidewalks:
- SUMDs shall not be parked on blocks where the frontage/furnishing zone is less than three feet wide, or where there is no frontage/furnishing zone.
- On blocks without sidewalks, SUMDs may be parked if the travel lane(s) and six-foot pedestrian clear zone are not impeded.
- Metro, through the MTLC shall determine certain block faces or areas where free-floating SUMD parking is prohibited. Geo-fenced areas may be used to designate where SUMD parking is or is not allowed. The MTLC shall issue its initial determinations no later than forty-five sixty days from the enactment date of this ordinance and report them to the Metropolitan Council. The determinations shall be made available as a map on the Metropolitan Government’s website and the Metro Open Data Portal. Permitted operators shall clearly and conspicuously inform users about these block faces or areas where SUMD parking is not allowed, including in their mobile applications. It is encouraged, but not required, that wherever free-floating SUMD parking is prohibited that dedicated and preferred SUMD parking areas be available on public or private property within a reasonable distance.
- SUMDs shall not be parked in the frontage/furnishing zone adjacent to or within:
- Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks;
- B-Cycle stations;
- Loading zones;
- Disabled parking zone;
- Street furniture that requires pedestrian access (for example - benches, parking pay stations, bus shelters, transit information signs, etc.);
- Curb ramps;
- Entryways; and
- At all times, SUMDs shall be parked in a manner compliant with the Americans with Disabilities Act, 42 U.S.C. § 12132, et seq.
Section 3. That Title 12, Section 12.62.040.M of the Metropolitan Code is hereby amended by deleting said subsection in its entirety and replacing it as follows:
M. In addition to penalties assessed for any separate violation of Tennessee law or Metropolitan Code of Laws, and except where it is specified otherwise in this chapter, 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.
Section 4. That Title 12, Section 12.62.040 of the Metropolitan Code is hereby amended by adding new subsections O, P, and Q to read as follows:
O. A powered SUMD shall only be operated by a person who is eighteen (18) years of age or older. It is unlawful for any person who is less than eighteen (18) years of age to operate a powered SUMD.
P. Section 12.84.020 sets out the penalty for violation of subsection O of this section.
Q. Parking a SUMD where it is prohibited pursuant to Section 12.62.040.E.2.c shall be a $10 fine, assessed upon the operator. In its mobile application and elsewhere, a permitted operator shall clearly and conspicuously inform users where SUMD parking is prohibited and inform them that parking where it is prohibited shall result in a $10 fine. The fine shall be collected from the user by the permitted operator through its mobile application or other means, and it shall be remitted to the Metropolitan Government within 60 days. Nothing herein shall prohibit permitted operators from seeking reimbursement of such fines from users whose actions incurred the assessment of fines.
Section 5. That Title 12, Section 12.62.040 of the Metropolitan Code is hereby amended by adding the following as subsection 12.62.040.R to read as follows:
The department of public works shall establish a program of assigning and marking a limited number of street parking spaces, small sections of sidewalk, areas adjacent to transit stops, and other rights of way as dedicated and preferred parking areas where SUMDs can park without penalty as long as they are properly parked and upright. The department of public works shall implement an initial first phase of this program no later than sixty days from the enactment date of this ordinance and report on it to the Metropolitan Council. Information on this program shall be made available as a map on the Metropolitan Government’s website and the Metro Open Data Portal. Permitted operators shall clearly and conspicuously inform users about these dedicated and preferred parking areas for dockless SUMDs, including in their mobile applications. Dedicated and preferred parking areas for dockless SUMDs may be located where parking for dockless SUMDs is otherwise prohibited pursuant to Section 12.62.040.E.2.c.
Section 6. That Section 12.62.050.N is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:
N. MTLC or its staff may establish limitations on the hours of operation of SUMDs, the streets within the metropolitan area in which they can or cannot operate, and streets and areas where SUMDs shall be slowed down remotely by the operator. The MTLC shall establish any necessary initial limitations pursuant to this subsection no later than sixty days from the enactment date of this ordinance and report them to the Metropolitan Council. The determinations shall be made available as a map on the Metropolitan Government’s website and the Metro Open Data Portal. Permitted operators shall clearly and conspicuously inform users about these determinations, including in their mobile applications. Any deviation from the approved hours, locations of operation, or streets and areas where SUMDs shall be slowed down remotely by the operator 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.
O. SUMD operators shall purge duplicate user accounts on a regular basis according to rules to be established by the MTLC.
Section 7. That Section 12.62.080.D is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:
D. Each expansion or increase in fleet size, including each incremental increase in 12.62.080.B, shall require the following:
- a determination by the MTLC or its staff that:
- The permitted operator has fulfilled the requirements of this chapter;
- The number of violations associated with the SUMDs of that operator is below a threshold to be established by the MTLC; and
- The type or category of SUMD in the permitted operator's current fleet to be increased is meeting or exceeding the average utilization threshold;
- a publicly noticed hearing conducted before the MTLC for purposes of determining public preference regarding increases in SUMD volume.
Section 8. That Section 12.62.080.H is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:
H. The MTLC shall establish regulations, requirements and limitations to reduce clustering of SUMDs. Until the MTLC establishes such regulations, requirements and limitations, all permitted operators shall have systems with service areas that do not exceed three hundred forty of each type of SUMDs per square mile. The MTLC shall designate the location of the square mile locations in relation to service areas.
Section 11. That Chapter 12.62 of the Metropolitan Code is hereby amended by adding a new section 12.62.110 to read as follows:
12.62.110 – Sunset provision.
The SUMD pilot program shall terminate on April 1, 2020, except it may be extended before such date by a resolution of the metropolitan council that specifically states the length of the extension. This provision, commonly known as a "sunset provision," is included to ensure that the effectiveness and necessity of this chapter is reviewed by the metropolitan council after its adoption. Once the pilot project is terminated, SUMDs and SUMD systems shall no longer be permitted within the geographic boundaries of Nashville and Davidson County, and all certificates of public convenience and necessity shall be revoked. The Metropolitan Government may take all necessary action to conclude the pilot project. By obtaining or renewing a certificate of public convenience and necessity under this chapter, a permitted operator agrees to abide by and comply with the Metropolitan Government as it ends the SUMD pilot project.
Section 12. That Chapter 12.62 of the Metropolitan Code is hereby amended by adding a new section 12.62.120 to read as follows:
12.62.120 – Severability.
If any sentence, section, subsection or provision of this chapter, or the application of any provision of this chapter to any person or circumstance be held invalid or unconstitutional, such declaration shall not affect the validity of other provisions or applications of this chapter that can be given effect without the invalid provision or application; and to that end, the provisions of this chapter are declared to be severable.
Section 13. That Title 12, Section 12.84.020(A) of the Metropolitan Code is hereby amended by adding a new subsection 66 to read as follows:
66. 12.62.040(O) and (P), Operating a powered SUMD by a person who is less than eighteen (18) years old.
Section 14. This ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Jeremy Elrod, Freddie O'Connell
IntroducedDecember 18, 2018
Passed First ReadingDecember 18, 2018
Referred toPublic Safety, Beer, and Regulated Beverages Committee
Public Works Committee
Traffic, Parking, and Transportation Committee
Substitute IntroducedJanuary 3, 2019
DeferredJanuary 3, 2019
DeferredJanuary 15, 2019
Second Substitute IntroducedFebruary 5, 2019
AmendedFebruary 5, 2019
Passed Second ReadingFebruary 5, 2019
Deferred IndefinitelyFebruary 19, 2019
Placed Back on Agenda forMarch 5, 2019
AmendedMarch 5, 2019
Passed Third ReadingMarch 5, 2019 - Roll Call Vote
ApprovedMarch 6, 2019
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 03/08/2019 12:38 PM