Nashville, TN

Nashville Metropolitan Government § 2.149.010 Established
Effective: 7/18/13 – Through: 5/31/23
There is created and established a commission to be legally known as the “Metropolitan Housing Trust Fund Commission,” referred to in this chapter as the “commission.” The Department of Finance and Department of Law shall provide support and assistance to the commission as necessary.

Nashville Metropolitan Government § 2.149.020 Membership and term of office
Effective: 7/18/13 – Through: 1/1/23
The commission shall be composed of seven members, who shall serve as such without compensation. One member of the commission shall be designated by the Board of the Metropolitan Development and Housing Agency. One member of the commission shall be a member of the council designated by the vice-mayor for a term of two years. The remaining five members of the commission shall be appointed by the mayor and approved by the metropolitan council. Said five members shall serve terms of five years each, provided that the first members appointed shall serve terms of one, two, three, four, and five years respectively. Any vacancy due to any cause shall be filled for the unexpired term in the same manner as the original appointment.

Nashville Metropolitan Government § 2.149.040 Powers and duties
Effective: 6/30/22 – Through: 1/1/23
In order to carry out and facilitate the commission’s general purposes and oversight of the Barnes Fund, the commission shall have authority to:

A. Enter into one or more contracts with nonprofit agencies, procured under the Metropolitan Procurement Code, to assist the commission in carrying out its duties and in management of the Barnes Fund;

B. Elect a chairman and such other officers as it may deem necessary to carry out the functions and duties of the commission;

C. Promulgate and maintain its own regulations and bylaws;

D. Conduct its affairs, to select advisory committees or panels of experts as necessary to assist in the discharge of its duties;

E. Solicit, accept, and receive gifts of funds, goods, and services donated to the commission and to the Barnes Fund;

F. Receive and expend any money allocated to the Barnes Fund by the metropolitan government or donated to the Barnes Fund for the purposes expressed in this chapter;

G. Make recommendations to the metropolitan council regarding the awarding of grants from the Barnes Fund, including funds appropriated yearly by the metropolitan council through the operating budget ordinance, to deserving nonprofit organizations and nonprofit civic organizations, or as otherwise authorized by state law, supporting the purposes of the commission. Criteria for the awarding of such funds shall be established by the commission. The criteria shall include setting aside at least twenty percent of such grants during fiscal years 2022 and 2023 to be used for the creation and preservation of affordable housing or capacity building for organizations that create or preserve affordable housing to be awarded to small nonprofit organizations, provided that a sufficient number of qualified applications are received. Starting in fiscal year 2024 and thereafter, the criteria shall include an aspirational goal of setting aside at least twenty percent of such grants to be awarded to small nonprofit organizations. For the purposes of this subsection, “small nonprofit organizations” means nonprofit organizations with an annual operating budget of no more than four million dollars and a housing budget of no more than one million dollars. The commission shall submit a recommendation to the metropolitan council for the appropriation of funds to deserving nonprofit organizations consistent with T.C.A. § 7-3-314, as it may hereafter be amended. Once funds have been appropriated by the metropolitan council to the deserving nonprofit organization(s), the commission shall enter into a grant contract with each such organization. No such grant contract shall become effective without the approval of the metropolitan department of law and director of finance. In the event the recipient organization fails to complete its obligations under the grant contract within twenty-four months from execution, the commission shall be authorized to rescind the contract and to reclaim previously appropriated funds from the organization, subject to terms and conditions within the grant contract allowing for such.

H.

Perform any additional functions authorized by state law and consistent with the purpose of the commission.

Nashville Metropolitan Government § 2.149.030 Purpose of the commission
Effective: 7/18/13 – Through: 5/31/23
The purpose of the commission shall be as follows:

A. To promote the study and development of good quality affordable housing;

B. To support education about and creation and development of good quality affordable housing, both rental and ownership;

C. To help create rental housing, housing for the disabled, and long-term affordable homeownership opportunities for citizens of Davidson County;

D. To oversee the management and operation of the Barnes Fund for Affordable Housing (the Barnes Fund).

Tennessee Department of Transportation, Policy No. 530-01. Multimodal Access Policy.

07/31/2015 – 06/01/2024

1. RESPONSIBLE OFFICE: Multimodal Transportation Resources Division

 

2303. AUTHORITY: T.C.A. 4-3-2303. If any portion of this policy conflicts with applicable state or federal laws or regulations, that portion shall be considered void. The remainder of this policy shall not be affected thereby and shall remain in full force and effect.

 

III. PURPOSE: To create and implement a multimodal transportation policy that encourages safe access and mobility for users of all ages and abilities through the planning, design, construction, maintenance, and operation of new construction, reconstruction and retrofit transportation facilities that are federally or state funded. Users include, but are not limited to, motorists, transit-riders, freight-carriers, bicyclists and pedestrians.

 

1. APPLICATION: All Tennessee Department of Transportation (TDOT) employees, consultants and contractors involved in the planning, design, construction, maintenance, and operation of state and federally funded projects, and local governments managing and maintaining transportation projects with funding through TDOT’s Local Programs Development Office.

 

1. DEFINITIONS:

 

1. Highway: A main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation

 

1. Multimodal: For the purposes of this policy, multimodal is defined as the movement of people and goods on state and functionally-classified roadways. Users include, but are not limited to, motorists, transit-riders, freight-carriers, bicyclists and pedestrians, including those with disabilities.

 

1. Reconstruction: Complete removal and replacement of the pavement structure or the addition of new continuous traffic lanes on an existing roadway.

 

1. Retrofit: Changes to an existing highway within the general right-of-way, such as adding lanes, modifying horizontal and vertical alignments, structure rehabilitation, safety improvements, and maintenance.

 

1. Roadway: The portion of a highway, including shoulders, that is available for vehicular, bicycle or pedestrian use.

 

1. POLICY: The Department of Transportation recognizes the benefits of integrating multimodal facilities into the transportation system as a means to improve the mobility, access and safety of all users. The intent of this policy is to promote the inclusion of multimodal accommodations in all transportation planning and project development activities at the local, regional and statewide levels, and to develop a comprehensive, integrated, and connected multimodal transportation network. TDOT will collaborate with local government agencies and regional planning agencies through established transportation planning processes to ensure that multimodal accommodations are addressed throughout the planning, design, construction, maintenance, and operation of new construction, reconstruction and retrofit transportation facilities as outlined in TDOT’s Multimodal Access Policy Implementation Plan.

 

VII. PROCEDURES:

 

1. TDOT is committed to the development of a transportation system that improves conditions for multimodal transportation users through the following actions:

 

1. Provisions for multimodal transportation shall be given full consideration in new construction, reconstruction and retrofit roadway projects through design features appropriate for the context and function of the transportation facility.

 

2. The planning, design and construction of new facilities shall give full consideration to likely future demand for multimodal facilities and not preclude the provision of future improvements. If all feasible roadway alternatives have been explored and suitable multimodal facilities cannot be provided within the existing or proposed right of way due to environmental constraints, an alternate route that provides continuity and enhances the safety and accessibility of multimodal travel should be considered.

 

3. Multimodal provisions on existing roadways shall not be made more difficult or impossible by roadway improvements or routine maintenance projects.

 

4. Intersections and interchanges shall be designed (where appropriate based on context) to accommodate the mobility of bicyclists and pedestrians to cross corridors as well as travel along them in a manner that is safe, accessible, and convenient.

 

5. While it is not the intent of resurfacing projects to expand existing facilities, opportunities to provide or enhance bicycle and pedestrian facilities shall be given full consideration during the program development stage of resurfacing projects.

 

6. Pedestrian facilities shall be designed and built to accommodate persons with disabilities in accordance with the access standards required by the Americans with Disabilities Act (ADA). Sidewalks, shared use paths, street crossings (including over- and under-crossings) and other infrastructure shall be constructed so that all pedestrians, including those with disabilities, can travel independently.

 

7. Provisions for transit riders, pedestrians, and bicyclists shall be included when closing roads, bridges or sidewalks for construction projects where pedestrian, bicycle, or transit traffic is documented or expected.

 

1. It is TDOT’s expectation that full consideration of multimodal access will be integrated in all appropriate new construction, reconstruction and retrofit infrastructure projects. However, there are conditions where it is generally inappropriate to provide multimodal facilities. Examples of these conditions include, but are not limited to:

 

1. Controlled access facilities where non-motorized users are prohibited from using the roadway. In this instance, a greater effort may be necessary to accommodate these users elsewhere within the same transportation corridor.

 

2. The cost of accommodations would be excessively disproportionate to the need and probable use. Excessively disproportionate is defined as exceeding twenty percent (20%) of the cost of the project. The twenty percent figure should be used in an advisory rather than an absolute sense, especially in instances where the cost may be difficult to quantify. Compliance with ADA requirements may require greater than 20% of project cost to accommodate multimodal access. Costs associated with ADA requirements are NOT an exception.

 

3. Areas in which the population and employment densities or level of transit service around the facility, both existing and future, does not justify the incorporation of multimodal alternatives.

 

4. Inability to negotiate and enter into an agreement with a local government to assume the operational and maintenance responsibility of the facility.

 

5. Other factors where there is a demonstrated absence of need or prudence, or as requested by the Commissioner of the Department of Transportation.

 

1. Exceptions for not accommodating multimodal transportation users on State roadway projects in accordance with this policy shall be documented describing the basis and supporting data for the exception, and must be approved by TDOT’s Chief Engineer and Chief of Environment or their designees.

 

1. The Department recognizes that a well-planned and designed transportation network is responsive to its context and meets the needs of its users. Therefore, facilities will be designed and constructed in accordance with current applicable laws and regulations, using best practices and guidance, including but not limited to the following: TDOT Standard Drawings and guidelines, American Association of State Highway and Transportation Officials (AASHTO) publications, Institute of Transportation Engineers (ITE) publications, the Manual of Uniform Traffic Control Devices (MUTCD), National Association of City Transportation Officials (NACTO) publications, the Public Rights-of-Ways Accessibility Guidelines (PROWAG), and the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

 

Metropolitan Government of Nashville and Davidson County, Executive Order No. 40. Complete Streets Policy.

10/06/2010 – 06/01/2024

SUBJECT: Complete Streets Policy.

 

I, Karl Dean, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct, and order the following:

 

1. The Metropolitan Government desires to support and encourage a transportation system that is safe and convenient for all users, regardless of age, ability, or mode of transportation through the development of Complete Streets.

 

1. Public Ways are public streets, roads, alleys, sidewalks, greenways and similar infrastructure.

 

III. Complete Streets are Public Ways that include some combination of appropriate facilities, as determined by the surrounding context, that accommodate all modes of transportation, including private vehicles, mass transit, walking, and bicycling.

 

1. The Bicycle and Pedestrian Advisory Committee, Green Ribbon Report on Environmental Sustainability, the Nashville Livability Project Report, and the Healthy Nashville Leadership Council have all endorsed or recommended Complete Streets because of their mitigating impact on air pollution, greenhouse gas emissions, and public health problems such as obesity and asthma, and traffic hazards for pedestrians and bicyclists.

 

1. Policy. In conjunction with projects relating to the design, planning, construction, reconstruction, rehabilitation, or maintenance of Public Ways, departments, boards and commissions of the Metropolitan Government shall:

 

1. Give full consideration to the accommodation of the transportation needs of all users, regardless of age or ability, including those traveling by private vehicle, mass transit, foot, and bicycle;

 

1. Review all current Public Way plans, guides, regulations and standard drawings to comply with this Executive Order.

 

2. Exclusions. Appropriate justifications for excluding accommodations for specific transportation needs include, but are not limited to, findings that:

 

1. Specific Complete Streets principles are prohibited by law, such as bicycle and pedestrian facilities within interstate highway corridors;

 

1. The cost of complying with this Policy on a particular project would substantially exceed the public value to be realized, taking into consideration the need and probable use of the project;

 

1. A scarcity of population or other factors such as the physical character or context of the built environment surrounding the Public Way area indicates an absence of current or future need; or

 

1. Compliance with this Policy would substantially impair unique characteristics of great public value, such as historical importance.

 

3. Implementation. A decision to exclude accommodations for specific transportation needs made after appropriate consideration under this Policy shall be documented with supporting data that indicate the basis for the decision.

 

ORDERED, EFFECTIVE, AND ISSUED:

 

Karl F. Dean

 

Metropolitan Mayor

 

Date: Oct. 6, 2010

 

Nashville Next: A General Plan for Nashville & Davidson County, Volume V: Access Nashville 2040.

06/22/2015 – 06/01/2024

[…]

 

PURPOSE OF THE MAJOR AND COLLECTOR STREET PLAN

 

The Major and Collector Street Plan (MCSP) is a comprehensive plan and implementation tool for guiding public and private investment in the major streets (Arterial-Boulevards, Arterial-Parkways and Collector-Avenues) that make up the backbone of the city’s transportation system. It is a part of, and implements, Access Nashville 2040, which is a functional plan component of the General Plan called NashvilleNext.

 

Access Nashville 2040 outlines Accessiblity Principles and ties together these four elements:

 

1. The MCSP prepared by the Metro Planning Department and adopted by the Metro Planning Commission;

 

2. The Strategic Transit Master Plan prepared by the Metro Transit Authority (MTA), which is currently being updated;

 

3. The Strategic Plan for Sidewalks and Bikeways prepared by the Metro Public Works Department (MPW) in 2003 and updated in 2008; and

 

4. The Metro Parks and Greenways Master Plan, which will be updated in 2016.

 

The MCSP implements the Accessibility Principles of Access Nashville 2040 by mapping the vision for Nashville’s major and collector streets and ensuring that this vision is fully integrated with the city’s land use, mass transit, and bicycle and pedestrian planning efforts.

 

The MCSP aims to help Nashvillians “complete the trip” by increasing the quality of streets in Nashville, meeting the needs of all users, people who walk, bike, take transit, move goods, and drive cars, in a manner that respects the context and users of the street.

 

The MCSP contains guidance for two related components of the street network: character and function. The two approaches used to provide guidance for street character are called “Context Sensitive Solutions”(CSS) and “Complete Streets.” These character guidelines apply to the planning, construction and redevelopment of streets. Street function is defined by the degree of mobility, including the number of travel lanes needed during the period covered by the MCSP (20-25years); the degree of accessibility the street provides, as well as its role in the larger network of streets. Major and collector streets are two separate functional classifications of streets that form an interrelated network, which is why they are presented together in this document.

 

In addition to the detailed analysis of all the major streets within Davidson County, the MCSP also provides basic information on right-of-way widths for local streets.

 

[…]

 

Complete Streets

 

This update of the MCSP also reaffirms Metro’s commitment to utilizing a “Complete Streets” approach to street design. Complete Streets is an initiative by which cities, states, and other jurisdictions adopt policies to ensure future roadway projects will attempt to accommodate all users who walk, bike, take transit, move goods, or drive cars.

 

This MCSP advances the concept of Complete Streets by developing a thoroughfare system that provides for safe and effective access for all users in completing their trips, while addressing streetscape design in context with the existing or envisioned character of the community. This philosophy in design of transportation corridors emerged in response to a changing culture and demographics which demand more transportation choices. The emphasis on active lifestyles, energy conservation, and the importance of accommodating users of all ages and abilities illustrates that a street can no longer be designed just for the automobile.

 

Complete Street design should be understood as a process, not a specific product. For that reason, not all “Complete Streets” will look the same. Complete Street design is both an art and a science. As such, good design standards balance engineering judgment and user needs within the context of the street. Roadway design must rely on the design professional’s knowledge of elements such as travel speeds, volumes, horizontal and vertical alignments and sight lines. User needs also influence the design of the Complete Street. Many of the facilities contained within the right-of-way are uniquely associated with the needs of people of all ages and abilities. Character, or the physical context in which the street resides, is another factor considered in Complete Street design. Character influences the form and function of the roadway and its associated streetscape all of which are designed to complement and enhance the surrounding character.

 

CSS and Complete Streets approaches support the development of healthy and sustainable communities in keeping with local and national policies and initiatives. A national example is the Centers for Disease Control and Prevention’s Healthy Community Design Initiative. This initiative promotes the integration of evidencebased health strategies into community planning, transportation, and land use decisions. Providing opportunities for people to incorporate physical activity into their daily lives is an example of one of these strategies and can be accomplished by facilitating activities such as walking to transit, biking to work, or walking to nearby shopping destinations. A transportation system that allows the healthy choice to be the easy choice will contribute to healthier life styles within the community.

 

Locally, Mayor Karl Dean’s Complete Streets executive order, “Together Making Nashville Green” initiative, the NashVitality campaign, Moving in Harmony campaign, and Access Nashville 2040, along with NashvilleNext inform the direction of this MCSP. The Complete Streets Executive Order, issued on October 6, 2010, directs Metro Departments to “Give full consideration to the accommodation of the transportation needs of all users, regardless of age or ability…” We anticipate future mayoral administrations to reaffirm this commitment. “Together Making Nashville Green” involves citywide efforts to advance environmental sustainability and community health throughout Nashville. Nashviltality promotes a healthy, active and green city. Moving in Harmony promotes sharing the road among all street users–bikes, pedestrians, and cars. NashvilleNext reinforces sustainability efforts, smart land use decisions, and a multimodal transportation network. CSS and Complete Streets further these initiatives by supporting active transportation choices and also by complementing a compact and sustainable urban form that emphasizes investment in the central city and centers where infrastructure is in place and where active transportation choices are relatively easy and convenient to make as part of day-to-day life.

 

[…]

 

Metropolitan Government of Nashville and Davidson County, Amended Executive Order No. 031. Complete and Green Streets Policy.

05/24/2016 – 06/01/2024

SUBJECT: Green and Complete Streets Policy

 

I, Megan Barry, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby amend Executive Order No. 031 and find, direct and order the following:

 

1. The Metropolitan Government reaffirms and expands its commitment to encouraging a safe, reliable, efficient, integrated and connected system of Green and Complete Streets that promotes access, mobility and health for all people, regardless of their age, physical ability, or mode of transportation. The system fairly balances the accommodation of all users of the transportation system, including, but not limited to, people who walk, bike, take transit, drive, transport freight, operate emergency vehicles, or own adjacent land. Furthermore, the system improves environmental quality through the inclusion of green-street elements such as street trees, swales, native plants and grasses, that reduce storm-water runoff, optimize storm-water quality, and enhance natural environments.

 

1. “Public Ways” are public streets, roads, alleys, sidewalks, greenways and similar infrastructure.

 

III. “Green and Complete Streets” are a system of Public Ways that are designed, built, operated, and maintained as a system to improve environmental quality and to enable safe access for people of all ages and abilities to safely move along and across the street right-of-way, regardless of their mode of transportation.

 

1. “Access Nashville 2040” and its component plans, including, but not limited to the “Major and Collector Street Plan,” has been adopted by the Planning Commission as a component of the General Plan, implementing Nashville’s Complete Streets Policy by establishing the use of a system of Public Ways that supports all users, regardless of age, ability, or mode of transportation in all contexts and community character types.

 

1. The Urban Street Design Guide is a publication of the National Association of City Transportation Officials, hereinafter referred to as “the NACTO Guide”, that has been endorsed by the United States Department of Transportation, the Tennessee Department of Transportation, and Metro Public Works, that provides design guidelines for green and complete street elements.

 

1. Policy

 

All Metro-owned transportation facilities in the public right-of-way including, but not limited to, streets, bridges and all other connecting pathways shall be designed, constructed, operated, and maintained to enhance environmental quality and to allow users of all ages and abilities to travel upon them safely and independently. In conjunction with projects relating to Public Ways, departments, boards and commissions of the Metropolitan Government shall:

 

(a) Approach every transportation improvement project phase with the purpose to create greener, safer, and more accessible streets for all users. These phases include, but are not limited to: planning, programming, design, right-of-way acquisition, construction, reconstruction, operation and maintenance. Capital improvement projects, re-channelization projects, major maintenance projects, and projects handled by Metro contractors or other qualified consultants that will be accepted for maintenance by Metro Public Works must also be included;

 

(b) Within one year, complete interdepartmental updates or amendments to all current Public Way plans, guides, regulations, engineering specifications and details to conform to the street-element dimensions established in Access Nashville 2040 and its component plans, including Metro’s Major & Collector Street Plan, and authorize and encourage the appropriate use of green and complete street elements documented in the NACTO guide as components of Public Ways. Nothing in this clause shall preclude the Metropolitan Government from complying with the Manual on Uniform Traffic Control Devices, the Public Right of Way Accessibility Guidelines, or other design guidelines or standards which may be appropriate based on context or required by law;

 

(c) Publish online a summary-review of these interdepartmental updates or amendments to all Public Way plans, guides, regulations, engineering specifications and details in regards to Green and Complete Streets;

 

(d) Foster partnerships with the State of Tennessee, the Nashville Area MPO, neighboring communities and counties, utility providers, private parties, the Mayor’s Bicycle & Pedestrian Advisory Committee, business and school districts to develop facilities and agreements that further the Green and Complete Streets policy;

 

(e) Whenever applicable, incorporate and maintain street-trees and sustainable water-quality management principles as identified in the Low Impact Development Stormwater Management Manual of the Metropolitan Government of Nashville and Davidson County, the NACTO Guide, or other applicable documents to reduce pollutant, temperature, and runoff impacts to local waterbodies.

 

2. Exceptions.

 

Exceptions may be appropriate when:

 

(a) An affected roadway prohibits use by specified users (such as a limited-access highway or a pedestrian mall), in which case a greater effort shall be made to accommodate those specified users elsewhere;

 

(b) The activities are ordinary maintenance activities designed to keep assets in serviceable condition (e.g. mowing, cleaning, sweeping, spot repair, or other interim measures);

 

(c) Severe topographic, historical, natural resource, or right-of-way constraints preclude construction of complete street facilities without incurring extreme cost.

 

Any exception to the Green and Complete Streets Policy, including for eligible private projects, must receive an interdepartmental staff review and approval –among the Mayor’s Director of Infrastructure, the Director of Public Works, the Director of Planning, and the Director of Metro Water Services– and be documented with publicly-available, supporting information that indicates a basis for the decision.

 

3. Implementation.

 

The Metropolitan Government shall view Green and Complete Streets as integral to everyday decision-making practices and processes. To this end:

 

(a) All departments, agencies, or committees will review and modify current standards, including but not limited to internal policies, codes and ordinances, to ensure they effectively implement Green and Complete Streets principles; and such groups shall incorporate Green and Complete Streets principles into all future planning documents, manuals, design standards, checklists, decision-trees, rules, regulations, programs, and other appropriate endeavors;

 

(b) The Metropolitan Government shall encourage staff professional development and training on the latest and best practices in multimodal-transportation and green-street infrastructure by attending conferences, classes, seminars, and workshops;

 

(c) Staff of the Metropolitan Government shall identify sources of funding for street improvements and maintenance programs, and recommend potential budgetary improvements to support and maintain Green and Complete Streets projects;

 

(d) The Public Works Department, the Planning Department, the Metropolitan Transit Authority, Metro Water Services, the Health Department, the Police Department, the Mayor’s Bicycle & Pedestrian Advisory Committee, and other applicable departments, boards, commissions, and committees of the Metropolitan Government, shall collaborate among themselves and with Nashville Electric Service and other utility/communications providers on engineering, educational, enforcement, and evaluation activities that support the implementation of the Green and Complete Streets Policy, with the goal of achieving zero traffic-related deaths on Nashville streets;

 

(e) The Metropolitan Government shall measure the success of this Green and Complete Streets policy using performance measures selected by the Planning Commission, and as-derived from NashvilleNext Guiding Principles including measures around equity. The performance measures shall be annually reported to the public at-large via a widely-accessible format, such as Nashville.gov and Metro’s Open Data Portal.

 

The Metropolitan Government of Nashville and Davidson County, Executive Order 45

01/17/2024 – 06/01/2024

WHEREAS, former Mayor Megan Barry’s Amended Executive Order No. 31 issued in 2016 (“Former Order No. 31”), committed the Metropolitan Government to encouraging a safe, reliable, efficient, integrated and connected system of Green and Complete Streets that promotes access, mobility and health for all people, regardless of their age, physical ability, or mode of transportation; and

 

WHEREAS, Former Order No. 31 made strides to fairly balance the accommodation of all users of the transportation system, including, but not limited to, people who walk, bike, take transit, drive, transport freight, operate emergency vehicles, or own adjacent land; Moreover, the Order addressed environmental quality by encouraging inclusion of green-street elements such as street trees, swales, native plants and grasses, that reduce storm-water runoff, optimize storm-water quality, and enhance natural environments; and

 

WHEREAS, residents of Metropolitan Nashville have benefitted from Former Order No. 31 and the policies and processes specified therein, namely over 100 miles of sidewalks and over 50 miles of bikeways constructed since 2017; and

 

WHEREAS, in 2022 the Metropolitan Government adopted Resolution RS2022-1724 approving the Vision Zero Action Plan and Vision Zero Five-Year implementation plan and pledged its support to implementing Vision Zero in Nashville and Davidson County to reduce the number of traffic-related deaths and serious injuries to zero; and

 

WHEREAS, since issuance of Former Order No. 31, best practices around Complete Streets policies, as offered by national leaders such as Smart Growth America and the National Complete Streets Coalition, have changed significantly, with added emphasis on community engagement, equity, implementation and transparency; and

 

WHEREAS, the Metropolitan Government has analyzed barriers to implementing Complete Streets in Nashville and incorporated best practices around Complete Streets policies and implementation into a Complete Streets Implementation Guide and associated resources which direct considerations for vulnerable road users and safety and comfort factors for all projects and programs that apply to the transportation network; and

 

WHEREAS, despite progress initiated by the Green and Complete Streets policy, the need remains great for a safer, more accessible, and better-connected transportation system for all residents of Nashville and Davidson County, with around 4,500 miles of sidewalks still missing and over 100 roadway fatalities in both 2022 and 2023.

 

NOW, THEREFORE, I, Freddie O’Connell, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct, and order the following:

 

1. VISION, INTENT, AND GUIDING PRINCIPLES

 

Vision and Intent

 

The Metropolitan Government views all transportation improvements as opportunities to foster a vibrant, healthy, equitable, interconnected, accessible, environmentally sustainable, and more livable region where everyone can move about safely, comfortably, and with dignity. Nashville’s Green and Complete Streets Policy shall guide the development of a safe, connected, and equitable transportation network that promotes greater mobility for people of all ages and abilities including, but not limited to, people walking, biking, using transit, driving, or using wheelchairs or other mobility devices.

 

This includes integrating and prioritizing multimodal street improvements such as bicycle boulevards, protected bicycle lanes, high-capacity transit corridors (such as bus rapid transit or streetcar/light rail lines), connected and accessible networks of sidewalks/walking paths, safe and convenient street crossings, and comfortable and inviting streetscapes. Prioritization shall be based on equity considerations such as the location of vulnerable populations, safety factors such as the High Injury Network and High Injury Intersections identified in Vision Zero, and multimodal transportation plans.

 

The Green and Complete Streets policy shall also enhance access to destinations such as schools, parks, healthy food retail establishments, public transit, and other key locations.

 

The Green and Complete Streets policy shall incorporate, where applicable, new street trees and green stormwater infrastructure to reduce urban heat islands, water pollution, and flooding, improving sustainability and resilience.

 

To the extent consistent with applicable law and procedures, the Metropolitan Government shall consistently fund, plan, design, construct, and operate an interconnected transportation network that safely accommodates all anticipated users and transportation modes. Specific attention shall be given to the safety and comfort needs of the most vulnerable individuals on our streets—people walking, biking, taking transit, and using wheelchairs or other mobility devices—while still balancing the needs of those driving private, commercial, freight, and emergency vehicles. To achieve consistency in applying complete streets practice in infrastructure planning and delivery, the Metropolitan Government shall apply the Complete Streets Implementation Guide in scoping, designing, and constructing roadway infrastructure.

 

This policy recognizes that all modes cannot receive the same type of accommodation on every street, but the overall goal is that everyone can safely and comfortably travel throughout the network. To accomplish this goal, the Metropolitan Government will rebalance transportation investments to make walking, biking, public transit, and shared mobility safe, attractive, and viable travel options in Nashville and Davidson County. The Nashville Department of Transportation and Multimodal Infrastructure (NDOT) will also revise the existing Major and Collector Street Plan to incorporate a layered network that will provide a clear modal hierarchy on every street, with clearer guidance to manage trade-offs and ensuring safe, complete, and connected networks for all modes.

 

In addition to their transportation function, streets are the largest form of public space in the region. Therefore, in implementing this Policy, the Metropolitan Government intends to enhance the potential of our streets to become healthy, vibrant, and inviting “places to be” with car-free streets, pedestrian-scale lighting, shade trees and landscaping, public art, walkable destinations, street furniture (such as benches, bus shelters, planters, drinking fountains, trash cans, etc.), and other amenities.

 

Guiding Principles

 

This Policy is built upon the following six guiding principles and provides a framework for integrating a Green and Complete Streets approach into the plans, policies, decision-making processes, funding priorities, and other everyday practices of NDOT as well as other relevant departments.

 

SAFETY: Complete Streets provide a safe travel experience to all and designing Complete Streets is a safety strategy to eliminate preventable traffic fatalities.

 

ACCESSIBILITY: Complete Streets serve people of all ages and abilities.

 

EQUITY, DIVERSITY, AND INCLUSIVITY: Complete Streets elements are implemented equitably and inclusively throughout the region.

 

LAND USE: To the extent permitted by law (where construction of public right of way elements are required of developers), Complete Streets will incorporate context sensitive, flexible design approaches and consider the surrounding community’s current and expected land use and transportation needs in an interconnected manner.

 

ENVIRONMENT AND HEALTH: Complete Streets support the health and wellbeing of Nashville’s residents and environment by enhancing sustainable transportation options, providing opportunities for physical activity through active transportation (such as walking and biking), improving air quality through reduced vehicle emissions, mitigating urban heat island effect, utilizing stormwater runoff and decreasing stormwater pollutants, and maximizing shade trees and vegetation.

 

ECONOMIC VITALITY: Complete Streets help spur economic development by supporting business and job creation and fostering a more resilient workforce that has greater access to employment opportunities through improved travel options.

 

1. COMMITMENT IN ALL PROJECTS AND PHASES

 

All transportation projects are potential opportunities to make the transportation network safer, as well as more accessible, convenient, affordable, and reliable. Therefore, this Complete Streets Policy, through the Complete Streets Implementation Guide, shall inform decision making throughout all phases of all transportation projects. This includes new construction and reconstruction/retrofit projects as well as maintenance projects and ongoing operations like resurfacing, repaving, restriping, rehabilitation, and signal upgrades, when applicable.

 

Construction and repair work can create a burden especially for people walking, biking, or using wheelchairs or other mobility devices. Therefore, the Metropolitan Government shall require that all public departments and private contractors provide accommodations for people using all modes of transportation to continue to use the street safely and efficiently during any construction or repair work that infringes on the right-of-way, sidewalk, bicycle lanes, transit stops, or accessibility infrastructure such as curb ramps.

 

III. EQUITY

 

The Metropolitan Government is committed to advancing transportation equity through the Green and Complete Streets approach by investing in the most underserved communities, involving the people who have historically been excluded from the transportation planning process, and prioritizing projects and roadway designs that serve the most vulnerable users of the transportation network.

 

There are populations and communities within the region that face higher transportation burdens and experience greater barriers to accessing resources and opportunities, as well as disenfranchised populations and communities that have traditionally been underrepresented in regional planning and decision-making processes. These populations include low-income individuals, people of color, older adults, children, youth, people with disabilities, and people living in households without access to a private automobile.

 

Each of these groups are either at higher risk of injury or death while walking or biking and/or more likely to walk, bike or use public transit than the population as a whole and, therefore, needs to be considered specifically when improving the transportation environment. To begin to address these inequities, and consistent with applicable law, the Metropolitan Government shall incorporate equity criteria into the project prioritizing process (as outlined in Section IX) and undertake inclusive community engagement plan (as outlined in Section X) to reach our most vulnerable users and underrepresented populations.

 

1. CLEAR, ACCOUNTABLE EXCEPTIONS

 

Exceptions may be appropriate when:

 

An affected roadway prohibits use by specified users (such as a limited-access highway or a pedestrian mall), in which case a greater effort shall be made to accommodate those specified users elsewhere;

 

The activities are ordinary maintenance activities designed to keep assets in serviceable condition (e.g. mowing, cleaning, sweeping, spot repair, or other interim measures);

 

Severe topographic, historical, natural resource, or right-of-way constraints preclude construction of complete street facilities without incurring extreme cost.

 

Any exception to the Green and Complete Streets Policy, including for eligible private projects, must receive an interdepartmental staff review and approval among the Mayor’s Director of Transit and Mobility, the Director of NDOT, the Metropolitan Transit Authority, the Director of Planning, the Director of Metro Water Services, and other Metropolitan Government departments as applicable.

 

Documentation for proposed exceptions, including supporting information that indicates a basis for the decision, must be made available to the public prior to final approval of an exception, and the public must be afforded the opportunity to offer comment.

 

The process for pursuing an exception is outlined in the Complete Streets Implementation Guide and associated resources.

 

1. JURISDICTION

 

Implementing the Green and Complete Streets Policy is the work of various Metro departments, as well as private partners who manage or fund projects that impact the right-of-way (to the extent permitted by law), the transportation network, and/or the public realm. Therefore, collaborations among multiple departments and other entities are necessary to identify opportunities to incorporate Green and Complete Streets elements and to implement them. To that end, NDOT, the Planning Department, the Metropolitan Transit Authority, Metro Water Services, the Health Department, the Police Department, the Vision Zero Advisory Committee, the Mayor’s Bicycle & Pedestrian Advisory Committee, and other applicable departments, boards, commissions, and committees of the Metropolitan Government, shall collaborate among themselves and with Nashville Electric Service and other utility/communications providers on engineering, educational, enforcement, and evaluation activities that support the implementation of the Green and Complete Streets Policy, with the goal of achieving zero traffic-related deaths on Nashville streets.

 

The Metropolitan Government shall foster partnerships with the State of Tennessee, the Nashville Area MPO, neighboring communities and counties, utility providers, private parties, the Mayor’s Bicycle & Pedestrian Advisory Committee, businesses and school districts to develop facilities and agreements that further the Green and Complete Streets policy.

 

In addition, to the extent possible, the Metropolitan Government shall work closely with relevant entities to incorporate Green and Complete Streets elements into transportation projects that are located within the regional boundaries but are not under the direct control of the Metropolitan Government, such as state-owned roadways.

 

In some cases, projects that impact the right-of-way are managed and funded by private partners. Therefore, to ensure consistency in the new construction or reconstruction of public streets, the Metropolitan Government shall, to the extent permitted by law, ensure that private development will comply with this Policy through design and development standards and the Guidelines for Multimodal Transportation Analysis for Site Development authorized by Chapter 17.20.140 of the Metropolitan Nashville Code of Ordinances.

 

1. DESIGN SECTION

 

The Metropolitan Government strives to use the best and latest design standards and guidelines to maximize design flexibility and innovation, and to ensure that design solutions are proactively applied to address the safety and comfort of everyone using regional streets.

 

Therefore, to the extent permitted by applicable law and procedures, the Metropolitan Government will adopt and develop new transportation design resources, including standard details and specifications based upon best practices in urban design or street design.

 

These may include, but are not limited to, the following:

 

The Urban Street Design Guide,Transit Street Design Guide, and Urban Bikeway Design Guide, publications of the National Association of City Transportation Officials, hereinafter referred to as “the NACTO Guides”, that have been endorsed by the United States Department of Transportation, the Tennessee Department of Transportation, and NDOT, that provide design guidelines for green and complete street elements.

 

Alternate roadway design publications recognized by the Federal Highway Administration under the Bipartisan Infrastructure Law (BIL) and FAST Act.

 

In addition, the Low Impact Development Stormwater Management Manual of the Metropolitan Government of Nashville and Davidson County, the NACTO Urban Street Stormwater Guide, and/or other applicable documents shall be consulted in regard to sustainable water-quality management solutions.

 

To the extent permitted by applicable law, the Metropolitan Government shall revise Access 2040 and the Major and Collector Street Plan and other all existing Public Way plans, guides, regulations, engineering specifications and details to ensure they align with a Complete Streets approach as outlined in the Complete Streets Implementation Guide

 

Nothing in this policy shall preclude the Metropolitan Government from complying with the Manual on Uniform Traffic Control Devices, the Public Right of Way Accessibility Guidelines, or other design guidelines or standards which may be appropriate based on context or required by law.

 

The Metropolitan Government shall publish online a summary review of these interdepartmental updates or amendments to all Public Way plans, guides, regulations, engineering specifications and details in regard to Green and Complete Streets.

 

VII. LAND USE AND CONTEXT SENSITIVITY

 

The Green and Complete Streets approach is not a one-size-fits-all solution and doesn’t mean that every street will have exactly the same elements to accommodate all modes of transportation in the same manner. Implementing Green and Complete Streets design elements must be done in a context sensitive manner with respect to the surrounding community, the natural and built environments, demographics, current and future land uses, and transportation needs. In addition to improving safety and mobility, this approach to process and design aims to support a range of goals—such as enhancing scenic, historic, and environmental resources, ensuring access to business, and allowing for roadway designs to be flexible and sensitive to community needs and values—to better balance economic, social, and environmental objectives.

 

There is an inextricable connection between land use and transportation. Transportation facilities and investments influence development and neighborhood character. In turn, land use and development patterns affect travel behavior and help determine whether walking, biking, and public transportation are appealing and convenient transportation options. Therefore, complementary land use policies and zoning ordinances are needed for effective Complete Streets Policy implementation to occur, for example, to the extent permitted by law, by facilitating the creation of walkable neighborhood destinations as well as higher density, mixed-use, transit-oriented development in appropriate locations (such as along high capacity transit corridors).

 

To this end:

 

The Metropolitan Government shall continue to support coordination between its various departments to identify opportunities to integrate land use and transportation in plans, policies, and practices.

 

The Metropolitan Government shall review and, in coordination with our development community and applicable law, revise land use policies, plans, zoning ordinances, and/or other relevant documents and procedures to incorporate the vision of the Green and Complete Streets Policy. After a comprehensive review of existing documents, a timeline shall be established for the revisions to be completed.

 

With the update of the Major & Collector Street Plan, the Metropolitan Government shall consider how transportation projects will serve current and future land uses and shall incorporate new street typologies that take into account the adjacent land uses, densities, and local context of the surrounding neighborhoods, as well as natural environments and hydrological characteristics for integration of green stormwater infrastructure.

 

In certain instances, significant public investment in transportation infrastructure can trigger an increase in land values and housing costs. In the planning phases of large-scale transportation projects, the Metropolitan Government shall ensure collaboration with NDOT to thoroughly consider measures to preserve housing affordability and increase new affordable housing options in order to help meet community needs and mitigate unintended consequences such as involuntary displacement tied to gentrification.

 

VIII. PERFORMANCE MEASUREMENT, REPORTING, AND ACCOUNTABILITY

 

The Metropolitan Government shall measure the success of this Green and Complete Streets policy using performance measures selected by the Planning Commission, and as derived from NashvilleNext Guiding Principles including measures around equity. This includes identification of barriers to equitable implementation of Green and Complete Streets in priority areas with history of disinvestment or underinvestment, areas with poor health outcomes, and/or an area with diminished access to transportation options, and corresponding solutions.

 

The performance measures and corresponding data shall be annually reported to the public at large via a widely accessible format, such as Nashville.gov and Metro’s Open Data Portal.

 

1. PROJECT SELECTION CRITERIA

 

Allocating funding to projects with Complete Streets design elements is key to building a safe and interconnected transportation network. To facilitate this, NDOT shall develop a project prioritization tool based on a point system to prioritize projects that improve safety and increase multimodal level of service for the most vulnerable communities. This tool builds upon and expands the project prioritization tools applied in the WalknBike 2022 Update and 2022 – 2024 Work Plan and the Vision Zero High Injury Network, High Injury Intersections. Any regional or projects already prioritized for funding in the Transportation Improvement Program (TIP) prior to developing the project prioritization tool shall automatically be included in the priority list and shall include as many Complete Streets elements as possible, consistent with applicable law and within the criteria set by the funding source.

 

The tool shall incorporate various ranking criteria including an analysis of demographic attributes for vulnerable communities, walking/ bicycling/transit demand, network connectivity, existing crashes/fatalities and the Vision Zero High Injury Network and High Injury Intersections, multimodal level of service improvements, and inclusion of Green and Complete Streets elements. The tool shall also incorporate criteria to ensure equitable implementation of this Policy, to help alleviate disparities by prioritizing geographic areas and communities that have had the least investment in Complete Streets infrastructure.

 

Additionally, the tool shall further prioritize projects with Complete Streets elements in neighborhoods where residents disproportionately rely on low-cost mobility options and shall, at a minimum, consistent with applicable law, include criteria to direct investment to neighborhoods with higher concentrations of low-income individuals, people of color, and households without access to a private automobile. The tool shall also include additional equity-focused criteria to prioritize projects that directly benefit other vulnerable users of the transportation system such as children, older adults, and people with disabilities.

 

Health impact assessments may also be utilized during the project decision-making processes as a way to evaluate the health effects of proposed projects and to promote health equity.

 

1. IMPLEMENTATION STEPS

 

The Metropolitan Government shall view Green and Complete Streets as integral to everyday decision-making practices and processes. To this end:

 

All departments, agencies, or committees will review and modify current standards, to the extent consistent with law, including but not limited to internal policies, land use policies, zoning codes and ordinances, to ensure they effectively implement Green and Complete Streets principles by December 31, 2024; and to the extent permitted by law, such groups shall incorporate Green and Complete Streets principles into all future planning documents, manuals, design standards, zoning ordinances, checklists, decision-trees, rules, regulations, programs, and other appropriate endeavors. To the extent permitted by law, new or revised plans, policies and standards should state how they support Green and Complete Streets.

 

Review and revise street design standards currently used in the planning, designing, and implementation phases of transportation projects, in a manner consistent with applicable law, to ensure that they reflect the best available design guidelines for effectively implementing Complete Streets facilities. Draft and publish updated transportation standard details and drawings, pulling from nationally recognized best practices by July 31, 2024.

 

The Metropolitan Government shall offer training opportunities at least once per fiscal year to boost staff capacity in Green and Complete Streets Policy implementation. Trainings can focus on Green and Complete Streets design and implementation, community engagement, equity, smart technology, or other relevant topics. The Metropolitan Government shall also encourage and facilitate professional development in the Green and Complete Streets approach by sending staff to national conferences or other trainings. The Vision Zero Advisory Committee and the Mayor’s Bicycle & Pedestrian Advisory Committee members shall be included in these trainings, as appropriate. The general public may also be included in these trainings, whenever feasible.

 

Identify performance targets and select performance measures as outlined in Section VIII by July 31, 2024.

 

Develop a project prioritization tool as outlined in Section IX and develop and adopt other tools associated with the Complete Streets Implementation Guide, such as a Project Charter, Complete Streets Checklist, Project Development Manual, Plan Review Checklist, Design Exception Form, and other resources as necessary to help guide project implementation by July 31, 2024.

 

Identify ways to improve other Metro practices to better align with the vision and intent of the Complete Streets Policy and changing trends in the industry, including smart technologies, parking regulations, and guidelines for transportation impact studies that include multimodal metrics (such as multimodal level of service analysis and multimodal/urban trip generation methods). This step shall build upon and expand the updates included in the Multimodal Transportation Analysis Guidelines.

 

Proactively implement automobile speed-management strategies—such as roadway right-sizing, striping narrower lanes, narrowing turn radii, and adding traffic-calming/green stormwater infrastructure features like speed tables, neighborhood traffic circles, curb extensions, diverters, and chicanes—during planned maintenance and operations as well as retrofitting projects.

 

Support materials, staffing, and other resources needed for new “tactical urbanism” installations, aligned with NDOT’s Tactical Urbanism Guidelines, utilizing temporary materials—like paint, planters, and portable street furnishings—for a variety of Complete Streets enhancements (such as protected bike lanes, traffic calming and management features, plazas, parklets, and intersection safety improvements), to test out ideas, implement pilot projects, and gather community input more quickly.

 

Develop a plan for accommodating each mode of transportation at a network or system level as a part of an update to Access 2040 and the Major and Collector Street Plan. This Multimodal Mobility Master Plan(3MP) will integrate WalkNBike, nMotion, and new guidance for street trees, green stormwater infrastructure, freight traffic and curbside management. It will also include an updated classification system and new street typologies to provide a multi-modal emphasis and a context-sensitive approach in the way streets are classified and designed.

 

Create an Equitable Engagement Plan to ensure robust, meaningful, and inclusive community engagement, with a particular emphasis on engaging communities that have traditionally been underrepresented in planning and decision-making processes. The plan shall include specific strategies for overcoming barriers to engagement associated with race/ethnicity, income, age, disability, English language proficiency, vehicle access, and other factors linked to historic disenfranchisement.

 

To the extent consistent with applicable law and procedures, the Metropolitan Government shall identify sources of funding for street improvements and maintenance programs and recommend potential budgetary improvements to support and maintain Green and Complete Streets projects.

 

Ordered, Effective and Issued: January 17, 2024

 

Freddie O’Connell

 

Metropolitan County Mayor

Tenn. Code § 7-51-1802 Local government authority regarding civil rights, leave policies, and health insurance
Effective: 4/7/17 – Through: 4/27/23
(a)(1) No local government shall by ordinance, resolution, or any other means impose on or make applicable to any person an anti-discrimination practice, standard, definition, or provision that shall deviate from, modify, supplement, add to, change, or vary in any manner from:

(A) The definition of “discriminatory practices” in § 4-21-102 or deviate from, modify, supplement, add to, change, or vary any term used in such definition and also as defined in such section; or

(B) Other types of discrimination recognized by state law but only to the extent recognized by the state.

(2) Any such practice, standard, definition, or provision imposed or made applicable to any person by a local government prior to May 23, 2011, shall be null and void.

(b)(1)

(A) No local government shall by ordinance, resolution, contract or any other means authorize or mandate, as a condition of a doing business within the jurisdictional boundaries of a local government or contracting with a local government, that employers establish a leave policy that deviates from, modifies, supplements, adds to, changes, or varies in any manner from state statutorily imposed or recognized requirements such as those authorized pursuant to § 4-21-408.

(B) Subdivision (b)(1)(A) shall not apply if the local government is entering into a contract with the federal government and the federal government requirements are different from those imposed pursuant to state law.

(c) Except to the extent specifically required pursuant to any federal law, no local government shall by ordinance, resolution, contract or any other means, mandate or require, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, that employers must provide health insurance benefits to persons employed by such employer.

(d) Except as otherwise provided by state or federal law, a local government shall not, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, prohibit an employer from requesting any information on an application for employment or during the process of hiring a new employee.

(e) Subsections (a), (b), (c), and (d) shall not apply with respect to employees of a local government.

(f) Except as otherwise provided by state or federal law, a local government shall not adopt or enforce any ordinance, regulation, resolution, policy, or any other legal requirement that regulates or imposes a requirement upon an employer pertaining to employee scheduling except when necessary to avoid creating a public or private nuisance.

–

Tenn. Code § 66-28-107. Residential landlord registration; penalties and fines; application
Effective: 7/1/21 – Through: 6/1/23
(a)(1) Each landlord of one (1) or more dwelling units is required to furnish the following information with the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located:
(A) The landlord or the landlord’s agent’s name, telephone number, and physical address, which does not include a post office box; and
(B) The street address and unit number, as appropriate, for each dwelling unit that the landlord owns, leases, or subleases or has the right to own, lease, or sublease.
(2) The information required under subdivision (a)(1) shall be furnished on a form provided by the agency or department responsible for enforcing building codes. The agency or department is authorized to collect from a landlord filing the form a fee not to exceed ten dollars ($10.00) per year.
(3) If any information required under subdivision (a)(1) or the ownership of the dwelling units changes, the landlord who transferred the property by sale or otherwise, or the landlord’s agent, shall notify the agency or department of such change within thirty (30) days of the change in ownership.
(b)(1) Any landlord who fails to register or who fails to send notification of change of ownership as required by this section shall be assessed a fine in the amount of fifty dollars ($50.00) per week by the agency or department of local government that is responsible for enforcing building codes in the jurisdiction where the dwelling units are located.
(2) Prior to the assessment of the fine, the landlord shall be given an opportunity to appear and be heard at a hearing to be held concerning the landlord’s failure to register or failure to send notification of change of ownership. A written notice of the date, time and place of the hearing shall be mailed the landlord at least fifteen (15) days prior to the scheduled hearing.
(c) This section shall only apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.

Tenn. Code § 66-28-104. Definitions
Effective: 4/28/14 – Through: 6/1/23
Subject to additional definitions contained in this chapter, which apply to specific portions of this chapter, and unless the context otherwise requires, in this chapter:
(1) “Action” means recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined, including an action for possession;
(2) “Building and housing codes” means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit;
(3) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(4) “Good faith” means honesty in fact in the conduct of the transaction concerned;
(5) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 66-28-302;
(6) “Manager” means an individual, group, business, or organization hired by a landlord or owner to oversee the day-to-day operations of a premises;
(7) “Nuisance vehicle” means any vehicle that is incapable of operating under its own power and is detrimental to the health, welfare or safety of persons in the community;
(8) “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity;
(9)(A) “Owner” means one (1) or more persons, jointly or severally, in whom is vested:
(i) All or part of the legal title to property; or
(ii) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
(B) “Owner” also means a mortgagee in possession;
(10) “Person” means an individual or organization;
(11) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(12) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under § 66-28-402 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
(13) “Rents” means all payments to be made to the landlord under the rental agreement;
(14)(A) “Security deposit” means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant’s occupancy other than ordinary wear and tear and any monetary damage due to the tenant’s breach of the rental agreement;
(B) “Security deposit” shall in no way infer that the landlord is providing any service for the personal protection or safety of the tenant beyond that prescribed by law;
(15) “Substantially impaired” means that a dwelling unit or premises has been deemed unfit for human habitation by a governmental authority;
(16) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others;
(17) “Unauthorized vehicle” means a vehicle that is not registered to a tenant, an occupant or a tenant’s known guest, and has remained for more than seven (7) consecutive days on real property leased or rented by a landlord for residential purposes;
(18) “Utilities” means the provision of water, electricity, sewer or natural gas; and
(19) “Vehicle” means any device for carrying passengers, livestock, goods or equipment that moves on wheels and/or runners.

Tenn. Stat. § 13-21-302. Municipal ordinance; inspection of deteriorating residential rental units
Effective: 7/1/06 – Through: 6/1/23
(a) The governing body of a municipality may adopt an ordinance to inspect residential rental dwelling units that are either deteriorated or in the process of deteriorating for compliance with applicable local housing, building, plumbing, electrical, fire, health or related codes and to promote the health, safety and welfare of its citizens in accordance with the following:
(1) The dwelling units shall be located in a residential rental inspection district established by the local governing body in accordance with this section; and
(2) The residential rental inspection district shall be based upon a finding by the local governing body that:
(A) There is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated residential rental inspection district;
(B) The residential rental dwelling units within the designated residential rental inspection district are either deteriorated or in the process of deteriorating; or the residential rental dwelling units are in the need of inspection by the municipality to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed residential rental inspection district; and
(C) The inspection of residential rental dwelling units inside the proposed residential rental inspection district is necessary to maintain the health, safety and welfare of tenants and other residents living in the proposed residential rental inspection district. Nothing in this section shall be construed to authorize a municipality-wide residential rental inspection district and a local governing body shall limit the boundaries of the proposed residential rental inspection district to the areas of the municipality that meet the criteria set forth in this section.
(b) For purposes of this part, the local governing body of the municipality may designate any local government department or agency to serve as the public authority to perform all or part of the duties authorized by this part.

Tenn. Stat. § 13-21-306. Periodic inspections
Effective: 7/1/06 – Through: 6/1/23
Except as provided in § 13-21-307, following the initial inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating, the public authority may inspect periodically any residential rental dwelling unit that is deteriorated or in the process of deteriorating that is not otherwise exempted by this part.

Tenn. Stat. § 13-21-305. Inspection of residential units
Effective: 7/1/06 – Through: 6/1/23
Upon establishment of a residential rental inspection district in accordance with this part, the public authority may, in conjunction with the written notifications as provided for in this part, proceed to inspect dwelling units that are either deteriorated or in the process of deteriorating located in the designated residential rental inspection district, to determine if the dwelling units are being used as a residential rental property and to determine if the dwelling units are in compliance with applicable housing, building, plumbing, electrical, fire, health or related codes.

Tenn. Code § 66-28-102. Application
Effective: 7/1/21 – Through: 6/1/23
(a) This chapter applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census.
(b) This chapter applies to rental agreements entered into or extended or renewed after July 1, 1975. Transactions entered into before July 1, 1975, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the amendment or repeal has not occurred.
(c) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser’s interest;
(3) Transient occupancy in a hotel, or motel or lodgings subject to city, state, transient lodgings or room occupancy under the Excise Tax Act, compiled in title 67, chapter 4, part 20;
(4) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; or
(5) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
(d) This chapter shall not apply to any occupancy in a public housing unit or other housing unit that is subject to regulation by the department of housing and urban development and owned by a governmental entity or non-profit corporation to the extent such regulation conflicts with state law, but shall apply to the extent that any such regulations defer to the application of state law.
(e) In the counties in which this chapter applies, this chapter occupies and preempts the entire field of legislation concerning the regulation of landlords and tenants. The governing body of a county subject to this chapter shall not enact or enforce regulations that conflict with, or are an addition to, this chapter.

Tenn. Rev. Stat. § 39-17-1802. Definitions
Effective: 7/1/22 – Through: 6/1/23
As used in this part, unless the context otherwise requires:

(1) “Acceptable form of identification” means:

(A) A state-issued driver license;

(B) A state-issued identification card;

(C) A valid passport; or

(D) A valid military identification;

(2) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;

(3) “Cigar bar” means a legal establishment that:

(A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;

(B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;

(C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and

(D) Does not permit vaping or the smoking of products other than cigars on the premises;

(4) “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person’s services for a nonprofit entity;

(5) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons;

(6) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;

(7) “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. “Health care facility” includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;

(8) “Person” means an individual, partnership, committee, association, corporation or any other organization or group of persons;

(9) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility;

(10) “Place of worship” means any enclosed area that is:

(A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212, based on ownership and use of the enclosed area by a religious institution; and

(B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;

(11)(A) “Private club” means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria:

(i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;

(ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members;

(iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and

(iv) Advertise exclusively and only to its members, excluding membership drives;

(B) “Private club” also means any institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(19);

(12) “Public place” means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;

(13) “Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives, or offers for sale, food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. “Restaurant” includes a bar area within the restaurant;

(14) “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories;

(15) “Retail vapor product store” means a retail store that derives the store’s largest category of sales from vapor products and accessories;

(16) “Service line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;

(17) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments;

(18)(A) “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form;

(B) “Smoking” also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device;

(19) “Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events; and

(20) “Vapor product” has the same meaning as defined in § 39-17-1503.

Tenn. Rev. Stat. § 39-17-1551. Preemption of other laws or regulations; exception
Effective: 7/1/22 – Through: 6/1/23
(a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products or smokeless nicotine products enacted or promulgated after July 1, 2021, by any agency or political subdivision of this state or any agency thereof is void; provided, that cities, counties, and counties having a metropolitan form of government may regulate the use of tobacco products or vapor products in buildings owned or leased by the political subdivisions; and provided further, that airport authorities created pursuant to title 42; utility districts created pursuant to title 7; and special school districts may regulate the use of tobacco products, smokeless nicotine products, or vapor products in buildings owned or leased by the entities. Notwithstanding any law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall retain the right to determine the policy on the use of tobacco products or vapor products within the person’s establishment.

(b)(1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution to prohibit smoking or use of a vapor product on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks.

(2) Any regulation or ordinance that is passed or adopted by a local government pursuant to the authority granted by this subsection (b) may prohibit smoking or use of a vapor product by a distance of up to fifty feet (50′) from a hospital’s entrance unless the application of a fifty-foot limit would place hospital patients in a potentially unsafe condition. In which case, the fifty-foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government’s legislative body in consultation with representatives of any hospitals that are subject to the regulation or ordinance.

(c)(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government.

(2) Subdivision (c)(1) only applies to:

(A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or

(B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.

(d)(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of an urban park center, as described in § 57-4-102.

(2) Subdivision (d)(1) only applies to municipalities located in a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census.

(e)(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds (2/3) vote of the legislative body of the local government.

(2) As used in this subsection (e) “playground” means an indoor or outdoor facility that is intended for recreation of children and owned by the local government.

(f)(1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution, as applicable, to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by youth as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county.

(2) Notwithstanding subdivision (f)(1), a prohibition enacted pursuant to this subsection (f) does not apply to buildings, sidewalks, or roads.

(3) As used in this subsection (f):

(A)(i) “Greenway” means:

(a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or

(b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance;

(ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body;

(B) “Playground” means an indoor or outdoor facility that is intended for recreation of children;

(C) “Tobacco product” means any product that contains tobacco and is intended for human use; and

(D) “Youth” means persons under twenty-one (21) years of age.

(g) Notwithstanding subsection (a) or another provision of this title, municipalities, counties, and counties having a metropolitan form of government may regulate, including prohibiting, by passing a resolution or ordinance, the following activities in age-restricted venues that are not retail tobacco stores, retail vapor product stores, or cigar bars:

(1) Smoking, as defined in § 39-17-1802; and

(2) The use of vapor products.

Tenn. Rev. Stat. § 39-17-1803. Smoking in public places
Effective: 4/24/17 – Through: 6/1/23
(a) Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places:

(1) Aquariums, galleries, libraries, and museums;

(2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments;

(3) Child care and adult day care facilities;

(4) Convention facilities;

(5) Educational facilities, both public and private, except as provided by § 49-7-135;

(6) Elevators;

(7) Health care facilities;

(8) Hotels and motels;

(9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

(10) Polling places;

(11) Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;

(12) Restaurants;

(13) Restrooms, lobbies, reception areas, hallways, and other common-use areas;

(14) Retail stores;

(15) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state;

(16) Service lines;

(17) Shopping malls;

(18) Sports arenas, including enclosed public places in outdoor arenas; and

(19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.

(b) This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment.

Tenn. Rev. Stat. § 39-17-1603. Definitions
Effective: 4/17/19 – Through: 6/1/23
As used in this part, unless the context otherwise requires:

(1) “Children” means individuals who have not attained eighteen (18) years of age;

(2) “Community center” means any center operated by any city or county government that is used for children’s activities;

(3) “Day care center” means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody;

(4) “Designated smoking area” means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area;

(5) “Group care home” means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization;

(6) “Museum” means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations;

(7) “Residential treatment facility” means a residential treatment facility licensed under title 33, chapter 2, part 4;

(8) “School grounds” means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school’s legally defined property boundaries as registered in a county register’s office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event;

(9) “Smoking” means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco;

(10) “Vapor product” has the same meaning as defined in § 39-17-1503;

(11) “Youth development center” means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and

(12) “Zoo” means any indoor area open to the public for the purpose of viewing animals.

Tenn. Rev. Stat. § 39-17-1602. Intent
Effective: 7/1/95 – Through: 6/1/23
It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children’s services are provided.

Tenn. Rev. Stat. § 39-17-1604. Smoking prohibited
Effective: 4/17/19 – Through: 6/1/23
Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:

(1) Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products;

(2) Any room or area in a community center while the room or area is being used for children’s activities;

(3) Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home;

(4) Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility;

(5) Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access;

(6) All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100′) of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school;

(7) Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;

(8) Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;

(9) Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and

(10) School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms.

Nashville, TN, § 10.64.020 – Prohibited smoking areas—Exceptions.
Effective: 4/1/75 – Through: 6/1/23
No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark-producing, flame-producing or fire-producing device not specifically authorized for use in such place by the fire marshal in any of the following places:

A. Exception for Approved Areas. The prohibition shall not apply to smoking in restrooms, restaurants, executive offices or beauty parlors in retail stores when specifically approved by the fire marshal by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property.

B. Elevators. Elevators, regardless of capacity, in any public place.

C. Public Theaters. During a performance in public theaters, motion picture houses or other auditoriums used for such purposes:

1. Exception for Approved Areas. The prohibition of this subsection shall not apply to smoking rooms and areas and restrooms when specifically approved by the fire marshal by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property.

2. Exception for Performers. The prohibition of this subsection shall not be construed to prohibit smoking by performers upon the stage as part of any theatrical production.

D. Projection Booths. Any projection booth, enclosure or other room in a public place in which any motion pictures machine is operated.

E. Public Conveyances. Buses or other public conveyances, except taxicabs.

F. Dance Floors. Dance floor of any cabaret, restaurant, nightclub or other public place offering facilities for dining and dancing.

Tenn. Rev. Stat. § 39-17-1804. Exemptions
Effective: 7/1/22 – Through: 6/1/23
Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803:

(1) Age-restricted venues; provided, that an age-restricted venue does not lose the exemption if an employee is:

(A) At least sixteen (16) years of age;

(B) Not employed at an adult-oriented establishment, as defined in § 7-51-1102; and

(C) A child of the owner of the age-restricted venue;

(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, that no more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited pursuant to this part;

(3) All premises of any manufacturer, importer, or wholesaler of tobacco or vapor products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities;

(4)(A) Nonenclosed areas of public places, including:

(i) Open air patios, porches or decks;

(ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and

(iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open;

(B) Smoke from those nonenclosed areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;

(5) Nursing homes and long-term care facilities licensed pursuant to title 68, chapter 11; provided, that this exemption shall only apply to residents of those facilities and that resident smoking practices shall be governed by the policies and procedures established by those facilities. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;

(6) Private businesses with three (3) or fewer employees where, in the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public. Smoke from that room shall not infiltrate into areas where smoking is prohibited pursuant to this part;

(7) Private clubs; provided, that this exemption shall not apply to any entity that is established solely for the purpose of avoiding compliance with this part;

(8) Private homes, private residences and private motor vehicles, unless those homes, residences and motor vehicles are being used for child care or day care or unless the private vehicle is being used for the public transportation of children or as part of health care or day care transportation;

(9) Retail tobacco stores, cigar bars, and retail vapor product stores that prohibit persons under twenty-one (21) years of age on their premises; and

(10) Commercial vehicles when the vehicle is occupied solely by the operator.

Nashville, Tenn. Code § 7.04.050 – Powers and duties.
A. The metropolitan beer permit board shall have jurisdiction of the licensing, regulating and controlling of the transportation, storage, sale, distribution, possession, receipt and/or manufacture of beer of an alcoholic content of not more than five percent by weight or any other beverage of like alcoholic content, and shall constitute the sole administrative agency in the metropolitan government for the administration of all laws and ordinances relating to beer and like alcoholic beverages.
B. The metropolitan beer permit board may promulgate such bylaws, rules and regulations not inconsistent with state law, the Charter, or any ordinance, as it deems appropriate for the conducting of its business, copies of which shall be filed with the secretary of the board, and with the metropolitan clerk. ”

Nashville, Tenn. Code § 7.08.020 – Required.
No person shall sell beer within the territorial jurisdiction of the metropolitan government without being the holder of a valid annual permit issued by the metropolitan beer permit board.

Nashville, Tenn. Code § 7.08.030 – Types of permits.
The following types of permits may be issued by the metropolitan beer permit board:
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B. A retailer’s “”off-sale”” permit shall be issued to any person engaged in the sale of beer for consumption and not resale where the beer sold is not to be consumed by the purchaser upon or near the premises of such seller.
C. A retailer’s “”on-sale”” permit shall be issued to any person engaged in the sale of beer where the beer is to be consumed by the purchaser or his guests upon the premises of the seller. A retailer’s on-sale permit may be issued to regularly conducted hotels or motels and to regularly incorporated clubs and lodges in which places beer may be sold and consumed by the purchaser when a retailer’s on-sale permit has been issued for the premises.
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Nashville, Tenn. Code § 7.08.110 – Suspension and revocation of permit—Authority.
A. The metropolitan beer permit board shall have the power to revoke or suspend, and shall be charged with the duty of revoking or suspending, any permits issued by it, upon notice to the permittee and a hearing thereon, for any violation of any provision of state law regulating the sale, storage and transportation of alcoholic beverages or for any violation of any provision of this code or any other ordinance of the metropolitan government or of any private act, county court resolution or City of Nashville ordinance which has the effect of an ordinance of the metropolitan government regulating beer or other intoxicating beverage, or when the permittee:
1. Operates a disorderly place;
2. Permits boisterous or disorderly conduct on the premises;
3. Has been convicted by final judgment of a court of competent jurisdiction of a crime involving moral turpitude;
4. Permits minors to congregate about the premises;
5. Sells or transfers the equipment or assets of the business authorized by his permit to another for the purpose of conducting the business on the same premises, unless he shall notify the board in writing immediately upon such sale or transfer, and shall surrender his license within thirty days after said sale or transfer;
6. Has made a false statement of a material fact in any application or notice to the board;
7. Sells or allows to be sold on the premises of the permittee any beer to any person under the age of twenty-one years; or
8. Sells or allows to be sold on the premises of the permittee beer to any person using food stamps issued pursuant to state or federal law for the purchase of such beer.
B. Pursuant to Tennessee Code Annotated § 57-5-608, the beer board shall not revoke or suspend a permit because of the sale of beer to a minor if, at the time of the sale: (1) the permit holder was a responsible vendor, and (2) the clerk who made the sale was certified under the Responsible Vendor Program, or had been employed for sixty-one days or less. If the permit holder’s certification has been revoked, the permit holder shall be punished by the beer board as if the vendor were not certified as a responsible vendor.
C. In lieu of any suspensions that might have been imposed but for the restrictions set forth in subsection B; the beer permit board may impose a civil penalty not to exceed one thousand dollars. If the beer board determines that a clerk of an off-premises beer permit holder certified under the Responsible Vendor Program sold beer to a minor, the beer board shall report the name of the clerk to the alcoholic beverage commission within fifteen days after such determination by the board.