1670-08-01-.04
Ingress And Egress
Cite as Tenn. Comp. R. & Regs. 1670-08-01-.04
(1)
General Prohibition on Obstruction. A local government shall not block streets or other rights-
of-way within an economic protection zone in a manner that:
(a)
Disrupts the operation of businesses within the tourism development zone;
(b)
Prohibits the delivery of goods, services, merchandise, food, and beverages to
businesses and patrons within the tourism development zone;
(c)
Prohibits taxicabs, public transportation vehicles, or ride sharing companies from picking
up or dropping off persons within the tourism development zone;
(d)
Causes business interruption; or
ECONOMIC PROTECTION ZONES
CHAPTER 1670-08-01
(e)
Fails to comply with 42 U.S.C. §§ 12101 et seq.
(2)
Facilitation of Access. Local governments shall regulate ingress and egress into businesses
and public property within tourism development zones in a manner that facilitates access to
tourists and residents. Local governments shall not institute any pilot programs, programs
and/or mechanisms of governance that impede this access.
(3)
Maintenance of Clear Passage. Streets, alleys, sidewalks, parks, plazas, parking lots,
driveways, rights-of-way, public buildings, and other locations open to or accessible by the
public within a tourism development zone shall be maintained in a condition that permits clear
and unobstructed passage for vehicular and pedestrian traffic.
(4)
Business Access Requirements. Local governments shall ensure that:
(a)
All businesses within a tourism development zone have reasonable and unobstructed
access for customers, employees, suppliers, and service providers;
(b)
Loading zones and delivery areas are kept accessible during business operating hours;
(c)
Signage directing visitors to businesses and points of interest remains visible and
unobstructed; and
(d)
Any action that may result in business interruption is minimized in duration and impact.
(5)
Transportation Network Access. Local governments shall:
(a)
Designate and maintain clearly marked areas for:
1.
Taxicabs, public transportation vehicles, and transportation network companies to
pick up and drop off passengers; and
2.
Electric bicycles and electric scooter corrals ensuring compliance with 42 U.S.C.
§§ 12101 et seq.
(b)
Ensure that designated pick-up and drop-off areas are reasonably distributed throughout
the tourism development zone to facilitate convenient access; and
(c)
Prohibit actions that unreasonably interfere with the ability of transportation providers to
serve the tourism development zone.
(6)
Prohibited Conduct. The following conduct on public property within an economic protection
zone is prohibited when it obstructs or interferes with ingress or egress to businesses, or
obstructs pedestrian or vehicular traffic:
(a)
Unlawful loitering.
(b)
Obstructive sitting: Occupying a seated position on a sidewalk, walkway, or other public
way in a manner that:
1.
Blocks or substantially impedes pedestrian or vehicular passage;
2.
Obstructs ingress or egress to a business entrance or exit; or
3.
Occupies more than one-third of the width of a pedestrian walkway during peak
pedestrian traffic hours, defined as 7:00 a.m. to 10:00 p.m.
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CHAPTER 1670-08-01
(c)
Camping.
(d)
Obstructive sleeping: Lying down or reclining on public property in a manner that:
1.
Blocks or substantially impedes pedestrian or vehicular passage;
2.
Obstructs ingress or egress to a business entrance or exit; or
3.
Occurs in a location that creates a hazard to pedestrian or vehicular traffic.
(7)
Exemptions. The prohibitions in paragraph (6) of this Rule do not apply to:
(a)
Persons using benches, seating areas, or other facilities specifically designed and
designated for public seating or rest;
(b)
Persons participating in permitted events or activities authorized by the local
government;
(c)
Persons waiting in line to enter a business or attend an event;
(d)
Persons using mobility assistive devices for persons with disabilities;
(e)
Persons experiencing a medical emergency;
(f)
Persons sitting or resting on public property in a manner that does not obstruct ingress,
egress, or traffic flow;
(g)
Persons complying with lawful enforcement orders; or
(h)
Conduct protected by the First Amendment to the United States Constitution or Article I,
Section 19 of the Tennessee Constitution.