State Control of Downtown Nashville
carey...@comcast.net
Our friends in the General Assembly passed this bill which seems to allow them to control access to the TDZ downtown under certain circumstances. Any lawyers want to take a look? I’ll bet they would like to stop bicycle and scooter access to city streets. It also allows THP to roam the streets assisting ICE. More state preemption of metro.
Any comments? I haven’t really looked at it, I just assume the worst. I can guess where it came from.
Carey
7-92-102. Tourism development zone access.
(a) Except as otherwise authorized pursuant to subsection (b), a local
government shall not block streets or other rights-of-way within a tourism development
zone in a manner that disrupts the operation of businesses within the tourism
development zone; prohibits the delivery of goods, services, merchandise, food, and
beverages to businesses and patrons within the tourism development zone; or prohibits
taxis, public transportation vehicles, or ride sharing companies from picking up or
dropping off persons within the tourism development zone.
(b) A local government may temporarily prohibit ingress or egress or block
streets or other rights-of-way into or within a tourism development zone:
( 1) For purposes of providing exclusive access to first responders during
an emergency;
(2) For an event permitted by the local government to an event operator
or event promoter;
(3) For construction, maintenance, repair, or improvement of public or
private infrastructure, buildings, or utilities, including activities authorized through
a local government permitting process; and
(4) In accordance with applicable rules prescribed pursuant to§ 7-92-104.
7-92-103. Jurisdiction of Tennessee highway patrol.
Notwithstanding another law, the Tennessee highway patrol established pursuant
to title 4, chapter 7, part 1, has concurrent law enforcement authority with local law
enforcement agencies, including the power to arrest, carry a firearm, and investigate
crime within a tourism development zone in this state.
7-92-104. Designation of economic protection zones.
(a) The department of tourist development, in consultation with the department of
economic and community development, department of environment and conservation,
and department of safety and homeland security, shall promulgate rules designating
tourism development zones in this state as economic protection zones for the purposes
of protecting and stimulating economic activity within the tourism development zones.
(b) The rules must:
(1) Apply uniformly to tourism development zones in this state;
(2) Regulate ingress and egress into businesses and public property in a
manner that facilitates access to tourists and residents;
(3) Regulate unlawful loitering, sitting, camping, or sleeping on public
property in a manner that maintains ingress and egress into places of business
and maintains clear and unobstructed streets, alleys, sidewalks, parks, plazas,
parking lots, driveways, rights-of-way, public buildings, or other locations open to
or accessible by the public for the purpose of facilitating vehicular and pedestrian
traffic; and
(4) Be promulgated in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5.
(c) This chapter does not supersede or alter the regulatory authority of the
department of transportation over state highway rights-of-way or limit the statutory
authority of the department of transportation to regulate activities within the jurisdiction of
the department of transportation.
John Norris
--
Please invite others to join the Walking & Biking in Nashville email group. They can join at: https://groups.google.com/d/forum/walking-and-biking-in-nashville
---
You received this message because you are subscribed to the Google Groups "Walking and Biking in Nashville" group.
To unsubscribe from this group and stop receiving emails from it, send an email to walking-and-biking-in...@googlegroups.com.
To view this discussion visit https://groups.google.com/d/msgid/walking-and-biking-in-nashville/00e601dd1619%24667d63f0%2433782bd0%24%40comcast.net.