§ 12.44.085. Annually-paid metered parking for car-sharing organization vehicles.

A.

For purposes of this section,

1.

"Free-floating car sharing" means a system in which a fleet of vehicles is made available for use by members of a free-floating car sharing organization whereby: a) persons or entities that become members are permitted to use free-floating car sharing vehicles from the fleet on a limited, fee-per-use basis; b) free-floating car sharing vehicles may be parked in any on-street legal, available parking within the free-floating zone pursuant to meeting the standards and restrictions set forth in this section; and c) a separate written agreement is not required each time a member reserves or uses a vehicle from the fleet.

2.

"Free-floating zone" or "FFZ" means a geographic area with a delineated boundary in which a free-floating car sharing vehicle may be parked in a legal, on-street space, to be approved by the traffic and parking commission.

3.

"Free-floating car sharing permit" means a permit issued by the metropolitan department of public works to vehicles in a free-floating car sharing fleet that allows each free-floating car sharing vehicle to utilize the parking privileges authorized through the free-floating car sharing program as described below in subsections B and C.

B.

Notwithstanding the provisions of Section 12.44.040, no contemporaneous parking payment shall be required for a vehicle with a free-floating car-sharing permit parked in a metered parking space located within the free-floating zone.

C.

The department of public works shall have the authority and responsibility for issuing to car-sharing organizations free-floating car sharing permits for their vehicles permitted as such. The free-floating car sharing permits shall only be available for passenger cars. Each permit shall be valid for a period of one year and the stickers shall be issued at the time the permit is issued. The department of public works shall be entitled to collect an annual fee from the applicant for each free-floating car sharing permit issued, to include an application fee for the administrative review and processing of the application and a permit fee calculated in a manner designed to compensate for the lost meter revenue, in an amount to be set by the traffic and parking commission, to be adjusted annually based on actual meter use in paid parking areas per subsection E.8., below. The portion of the permit fee for the free-floating car sharing permits that is designed to offset the administrative costs of processing the application shall be deposited in the general fund of the general services district to assist in offsetting the costs incurred by the department of public works for issuance of the permits. The portion of the permit fee for the free-floating car sharing permits that is designed to compensate for the lost meter revenue shall be deposited in the separate account earmarked for traffic and parking improvements consistent with the requirements of Charter Section 11.907.

D.

Any applicant seeking a free-floating car sharing permit shall complete an application form and agreement in forms approved by the director of the department of public works, or his or her designee. The applicant car-sharing organization shall include a listing of the year, make, model, tag number and VIN number of each vehicle included in the organization's permit, as well as providing other information deemed necessary and appropriate by the department and shall update this list with the department within ten days of any change thereto. The department of public works shall determine eligibility for a permit as a car-sharing organization. Any denial of a permit by the department may be appealed to the traffic and parking commission.

E.

Free-floating car sharing parking.

1.

In order to qualify for the free-floating car sharing program as set forth in this section, all of the following standards must be met:

a.

Permittee must obtain a free-floating car sharing permit for each free-floating car sharing vehicle by paying the free-floating car sharing permit fee to the department of public works;

b.

Free-floating car sharing vehicles must be parked in the free-floating zone at the conclusion of each use as stated in the permit;

c.

Each free-floating car sharing vehicle permitted by the department of public works shall display a permit and contact information, in a manner determined by the department of public works;

d.

Each free-floating car sharing vehicle must be registered with the metropolitan department of public works free-floating car sharing program;

e.

Free-floating car sharing permits are not transferable between vehicles and are void if transferred between vehicles;

f.

Permittee shall comply with the terms of the free-floating car sharing permit;

g.

Permittee shall move each free-floating car sharing vehicle within thirty-six hours of its being parked in any on-street parking space within the FFZ;

h.

Permittee shall utilize on-street parking within the metropolitan government's rights-of-way in compliance with all applicable federal, state and metropolitan laws and regulations;

i.

Permittee must demonstrate that the free-floating car sharing vehicles have the technical capacity to accurately track each permitted vehicle's actual meter use in paid parking areas, such as GPS or other technology, and provide regular reports to the department of public works to verify such use, which permittees shall certify under oath are correct; a false certification shall be cause for a revocation of all of the permittee's vehicle permits;

j.

Permittee must make all records supporting the tracking of vehicles and any other relevant information relating to the reporting requirement described in section i., above, available for inspection by public works staff upon demand;

k.

Permittee must execute an indemnification of the metropolitan government in a form approved by the department of law and submit it with its annual permit application; and,

l.

A permittee must provide proof of insurance on an annual basis with the application in an amount and with policy terms satisfactory to the metropolitan director of insurance. The permittee must give the metropolitan director of insurance thirty days notice in advance of any change to or termination of permittee's insurance coverage.

m.

A toll-free phone number staffed 24/7 that a holder of a residential parking permit can call to request that a free-floating car-sharing vehicle parked in a residential parking permit area be moved, or that any person can call to report that a free-floating car-sharing vehicle has been parked in any location or parked legally in any location for longer than thirty-six hours, shall be prominently displayed on each free-floating car-sharing vehicle at all times. Upon receipt of a call to this hotline, the permitted free-floating car-sharing vehicle service shall move its referenced free-floating car-sharing vehicle, if parked as described above, within three hours of receipt of the call.

2.

Violations of any of the standards listed above in subsection E.1. shall constitute a basis for a suspension or revocation of the permittee's free-floating car sharing permits by the traffic and parking commission following notice to the permittee and a hearing before the commission.

3.

The department of public works may issue up to the maximum number of allowed free-floating car share permits annually. The maximum number of free-floating car sharing permits allowed shall be established by the traffic and parking commission based on an analysis of available on-street parking spaces within the free floating car sharing area, and existing and anticipated future usage thereof. The traffic and parking commission may seek advice from the planning department as to anticipated future use of on-street parking.

4.

Non-payment of outstanding meter usage fees by permittee pursuant to subsections C., above, and E.8., below, serves as a basis for the department of public works to deny renewal of annual permits and issuance of additional permits to the same permittee.

5.

During all hours when it is otherwise lawful to park in specified parking spaces within the free-floating zone, free-floating car sharing vehicles that comply with this section may park for up to thirty-six hours in parking spaces regulated by a parking payment device without displaying a payment receipt or feeding the meter and without regard to posted time limits and in any other parking space in the public right-of-way not otherwise restricted for exclusive use.

6.

Free-floating car sharing vehicles shall be prohibited from parking in the following zones or areas: a) zones designated as bus zones; b) loading and unloading zones; c) safety zones and fire lanes; d) taxicab stands; e) tow-away zones; f) exclusive permit-only parking areas; g) valet parking permitted locations; h) horse-drawn carriage stands; i) the footprint of any area subject to a special event permit; j) traffic restricted lanes; k) musicians' loading only areas; l) spaces designated as police parking only; m) reserved parking (bagged meters); n) food truck zones; and o) any other area where on-street parking is restricted by law.

7.

Free-floating car-sharing vehicles shall be prohibited from parking in a parking space reserved for a person with a disability, unless the member of the free-floating car sharing organization utilizing the free-floating car sharing vehicle meets the criteria for special parking privileges under T.C.A. Section 55-21-101 et seq. and the disabled parking placard is obtained and displayed as described in T.C.A. 55-21-103 for the duration of the time the free-floating car sharing vehicle is parked within the parking space reserved for a person with a disability.

8.

Permittee must provide a report to the department of public works at an address specified in the free-floating car sharing permit that provides data showing actual paid parking meter use for each free-floating car share vehicle for the preceding year. The report shall be submitted not later than January 31 of each year. In the event a free-floating car sharing operator's total actual meter use in paid parking areas during the prior permit term exceeds the total paid for the prior permit period as provided in subsection C. of this section, above, the free-floating car sharing permittee shall reimburse metro for the difference no later than February 28 of each year. If the parking charges are found to be less during the prior permit term, the traffic and parking commission will issue the Permittee a credit for the following year by reducing the annual permit fee. Rates shall be adjusted higher or lower by the traffic and parking commission every year going forward based on the previous year's data.

9.

The traffic and parking commission is further empowered to adopt regulations governing the provision of free floating car sharing services and interpreting the provisions of this section to the extent not inconsistent with this section. Violations of any such regulations adopted by the traffic and parking commission shall be enforceable in the same manner provided for in subsection E.2. above.

(Ord. BL2015-1146 § 1, 2015)