Chapter 66 of the Brentwood Municipal Code contains the City's regulations governing traffic and vehicles. Some of these regulations are purely local in nature, but many of the regulations either mirror state statutes or adopt provisions from state law by reference.
While most state laws are enforceable only in state courts, Tennessee municipalities may adopt many of the state statutes on traffic and vehicles and enforce them through their municipal courts. Because there has not been a general update to the City's traffic and vehicle regulations for some time, some of the regulations' references to state statutes are now obsolete. In other cases, new state regulations have been enacted but have not been adopted by the City. As such, the staff has undertaken a comprehensive review of Chapter 66 and is proposing numerous revisions. In addition to synchronizing Chapter 66 more closely with state law, the revisions are intended to reflect current Police Department and City Court policies or improve upon existing policies.
A "redlined" version of Chapter 66, showing all of the proposed revisions, is attached. Examples of the revisions include the following:
- Replacement of the word "handicapped" with "disabled" (as pertaining to disabled drivers, disabled parking, etc.) for consistency with wording in state law, along with incorporation of state definition of "disabled." (See section 66-2.)
- Inclusion of definitions of "low speed vehicle," "medium speed vehicle" and "motorized bicycle" as used in state law, along with regulations pertaining to each. (See section 66-2.)
- Language allowing court the discretion to require traffic offenders to attend a driver education course in addition to any other penalty, as well as in lieu of other penalties. (See section 66-66.)
- Limitation on penalties for violations related to attachment or illumination of a registration plate to $10 for a first violation and $20 for subsequent violations, with no court costs to be imposed, as required by state law. (See section 66-68.)
- Language authorizing issuance of electronic citations (in accordance with current practice), provided the alleged offender is given a paper copy. (See section 66-70(a).)
- Language providing that a citation serves as a notice to appear in court, even if the person to whom the citation is issued does not sign the citation. (See section 66-70(b).)
- Provisions allowing persons 18 or older to pay fines and costs in lieu of appearing in court in accordance with current policy (unless provided otherwise by the court's policies and procedures.) (See section 66-70(d).)
- Revised procedures for handling abandoned, immobile and unattended vehicles and for impounded vehicles (including new provisions on "curbstoning" - i.e., selling vehicles without a title or the sale of more than five vehicles within 12 months by someone who is not a licensed motor vehicle dealer.) (See Article II, Division 4; Article III.)
- Adoption of state statute prohibiting text messaging while operating a motor vehicle. (See end of section 66-171.)
- Revisions to maximum speed limits and incorporation of minimum speed limit of 55 mph in left lane of controlled-access highways with four or more lanes. (See section 66-257.)
- Revisions to parking regulations in residential and service institution districts that currently restrict parking of vehicles weighing over 8,000 pounds; proposed change would apply restrictions to commercial vehicles weighing more than 10,000 pounds. (See section 66-289.)
Ordinance 2018-01 enacts all of the proposed revisions to Chapter 66. The ordinance passed unanimously on first reading on January 9, 2018 and is scheduled for second and final reading on January 22, 2018.
IMPORTANT INFORMATION FOR SECOND/FINAL READING: Proposed amendments have been prepared for final reading of the ordinance, to take into account additional changes in state law that were not included in the original version of the ordinance. These changes adopt by reference three state statutes adopted since work was initiated on this ordinance:
- T.C.A. 55-8-204. Passing lanes - Prohibits using the passing lane for purposes other than passing another vehicle when there are three lanes on a multilane divided highway. (The passing lane is the furthest lane to the left or the lane immediately to the right of the HOV lane when HOV restrictions are in effect.)
- T.C.A. 55-8-205. Bicycle lanes - Prohibits operation of a motor vehicle within a bicycle lane. (This statute includes limitations on fines for violations: warning citation for first offense, $20 for second offense, $50 for third/subsequent offenses. Language acknowledging these limitations is included in the proposed amendments to Ordinance 2018-01.)
- T.C.A. 55-8-207. Mobile device use - Prohibits talking on a hand-held phone while driving through a school zone when warning flashers are operating; prohibits a driver who is under 18 from talking on a phone while driving in any location in most situations. This state law took effect January 1, 2018.
The amendments described above are highlighted on pages 4 and 13 of Ordinance 2018-01. Staff requests that the amendments be adopted and that the ordinance as amended then be passed on final reading.
Please contact the City Attorney if you have any questions about the proposed revisions. The City Attorney is grateful to Officer Scott James and Captain David O'Neil of the Brentwood Police Department for their valuable assistance in reviewing and updating these regulations. |