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HomeMy WebLinkAboutMN-GOV-2005-05-23 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting May 23, 2005 7:00 p.m. PRESENT: Chair Mackesey Alderpersons (2) Zumoff, Taylor EXCUSED Alderperson (2) Whitmore, Korherr OTHERS PRESENT: City Attorney— Luster Information Management Specialist - Day City Clerk— Julie Conley Holcomb An Ordinance to Amend the City of Ithaca Municipal Code Chapter 210 Entitled "Housing Standards", section 43-F (3) to repeal that subsection. By Alderperson Taylor: Seconded by Alderperson Zumoff WHEREAS, on January 29, 2003 Common Council adopted Ordinance 03-02 which added subsection (3) to Section 210-43 (D), that read as follows: "D. The fee for a certificate of compliance shall be based on the following: (3) Home owners wishing to procure a Certificate of Compliance for their house for purposes of selling the building will be assessed a service charge of$100 for a single family owner-occupied home and $150 for a two family owner-occupied dwelling. Fees for such service include filing fee, housing inspection fee, an electrical survey and a "defects removed" letter from the City's Electrical Inspection Bureau." and WHEREAS, Section 210-43(D) was later renumbered as Section 210-43(F) by Ordinance 03-12 and WHEREAS, this amended language has not been effective for the Building Department, and WHEREAS, This language was never formally incorporated in the City of Ithaca Municipal Code, now therefore f t ORDINANCE 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section 210-43F(3) of the City of Ithaca Municipal Code entitled "Fee for a Certificate of Compliance" is hereby repealed in its entirety. Section 2: This Ordinance shall take effect immediately upon publication. Julie Conley Holcomb, City Clerk, addressed the committee to explain that although the "Housing Standards" ordinance is an active ordinance on the books, the fee structure is not a current practice of the building department. She further explained that Building Commissioner Radke has requested that this ordinance be repealed. A vote on the ordinance resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code Entitled "Exterior Maintenance" — Same Day. By Alderperson Taylor: Seconded by Alderperson Zumoff ORDINANCE NO. 05 BE IT NOW ORDAINED AND ENACTED that Section 178-3(B) of the City of Ithaca Municipal Code entitled "Standards for grounds and exterior property" is hereby amended as follows: Section 1. § 178-3. Standards for grounds and exterior property. It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that: A. All grounds on the exterior of the premise are kept free from solid waste and any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees for 48 hours, is removed. B. All garbage, when stored outside, is completely contained in nonabsorbent, watertight, durable containers having a tight-fitting lid in place. Plastic bags are not considered durable containers. Strong, waterproof plastic bags may be used to place garbage at the curbside on the evening before scheduled collections or may be taken to an approved refuse disposal sight. Garbage containers, whether they contain garbage ? J or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers as soon as possible after garbage collection and, in any event, on the same day as collection. Any garbage remaining after scheduled pickup must be removed from curbside as soon as possible after garbage collection and, in any event, on the same day as collection. Garbage containers shall not be stored in front yards, or any other yards that have frontage on a public street unless all yards on the property have frontage on public streets. Prohibited storage areas include the area between the sidewalk and curb. Composting materials, so long as they are maintained as defined by this section, shall not be considered garbage. It is presumed that the contents of any garbage bag or plastic bag or garbage can is garbage. C. Solid waste, other than garbage stored in proper containers and in the locations described above, and other than recyclable materials stored in accordance with § 178- 3K below, is not stored in the public view, except that construction and demolition debris related to an ongoing construction project with a valid building permit may be stored in the public view for not more than 30 days. Reusable household discards may be placed at curbside on special scavenger days designated by the Department of Public Works, but unclaimed discards must be removed by the property owner by the deadline set by the Department. Residents may place reusable materials on the tree lawn for purposes of informal scavenging, not to be observable for more than two successive days. Section 2 SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3 EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion was held on the floor with City Attorney Luster explaining the difference between the wording in chapters 178 and 196 regarding the time period in which trash can lids must be replaced on the cans. Chapter 178 states "same day" and Chapter 196 states "within 24 hours". Attorney Luster said the preference of the Building Department would be the Chapter 178 language as it would be difficult to calculate the 24 hours from the time of trash pick-up. A vote on the ordinance resulted as follows: Carried Unanimously f i An Ordinance to Amend Chapter 336 of the City of Ithaca Municipal Code Entitled "Parks and Recreation". By Alderperson Taylor: Seconded by Alderperson Zumoff ORDINANCE 05- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Chapter 336 of the City of Ithaca Municipal Code is hereby amended to read as follows: ARTICLE I, General Provisions § 336-1. Use of parks . A. No person shall make any use whatsoever of any public park or other natural area for an event described below e e- _ _ __ _ _ • - _- - : • without first obtaining a permit from the Superintendent of Public Works or his/her authorized agent. A permit is required for events which, if not controlled or regulated, can reasonably be expected to interfere with the use of public property by others. The authorized agent for issuing permits for the use of Cass Park shall be the Ithaca Youth Bureau. B. When considering a permit application, the issuing agent shall consider the following factors: 1.) The anticipated number of participants 2.) Whether the activity is scheduled to occur regardless of weather conditions 3.) Whether the activity would interfere with the enioyment of the park by others 4.) Whether the activity would have an impact on the surrounding area 5.) Whether available utilities are suitable for the needs of the event 6.) Whether there would be a potential of damage to city property due to the anticipated use of the park 7.) Whether the intended use of the park is appropriate for the size and location of the space C. General Liability Insurance shall be required in an amount to be determined by the issuing agent for activities that include any of the following: y i 1.) A risk that participants or attendees could be injured based on the nature of the activity 2.) Sale or consumption of alcoholic beveraqes 3.) Potential damage to city property A security deposit may be required in cases where the issuing agent determines that a certificate of insurance is either not adequate, or not appropriate. D. The Board of Public Works shall establish permit fees and insurance requirements including policy limits. E. If an application for the use of a park or natural area is denied by the issuing agent, applicants may appeal the decision to the Board of Public Works. § 336-2. Food concessions. No person shall sell, vend or otherwise dispense food or drink for pay on any park area without first obtaining a vending permit or concession agreement from the Superintendent of Public Works, or his/her authorized agent., Board of Public Works to operate a concession at the particular park_, except that f Fraternal, service, political and other similar organizations may obtain permission from the Superintendent of Public Works to hold picnics or barbecues for which a charge for the meal may be made. However, solicitations for the sale of tickets shall not be made of the public enjoying the use of the park or at the entrance to the park. § 336-3. Amusement concessions. No person shall operate any amusement device on any park area without first obtaining an agreement from the Beard Superintendent of Public Works to operate a concession at the particular park. This shall apply to boat rides based at any park. § 336-4. Riding animals or operating vehicles restricted. [Amended 8-12-1992] No person shall drive any motorized vehicle, except wheelchairs and scooters assisting people with mobility impairments, or ride a horse or other animal on the lawn or grass areas of any park. § 336-5. Boats. A. Generally. No person shall launch, moor or tie any boat from or to any parklands except in the properly designated areas and under the existing rules pertaining to the particular park. B. Abandoned boats. Boats abandoned on city property shall be delivered to the Police Department for disposition. 1 C. Mooring in unauthorized areas. Boats moored in unauthorized areas of the waters within the city limits adjacent to or on city property shall be delivered to the Police Department for disposition. § 336-6. Newman Golf Course. A. Rates and Rules. The rates and rules for play at the Newman Golf Course shall be as established by resolution of the Board of Public Works. [Amended 8-12-1992] B. Local rules. � - - - •.lt !allowed, professional or-elder7 • •. ^' ,, , . o1--ol t,,M GB. Opening and closing dates. The golf course shall be open for business not earlier than April 1 nor later than November 15 on or such dates as the Superintendent shall determine. § 336-7. Trash Policy The city parks operate under a "carry-in and carry-out" trash policy. Users of the parks are expected to remove any materials they bring with them into the parks. § 336-8. Closing and opening time for public parks. All public parks in the City of Ithaca shall be closed to the public at 10:00 p.m. daily, with the exception of scheduled facilities or permitted events. The Superintendent of Public Works shall erect signs in all public parks in the city indicating the established closing time. All public parks shall open at 5:00 a.m. Permits for exemptions to this provision shall be issued by the Superintendent of Public Works or his/her authorized agent. § 336-9. Snowmobiles. No person shall operate or cause to be operated any snowmobile in any public park in the City of Ithaca. ARTICLE II, Stewart Park § 336-10. Boundaries. Stewart Park shall include Newman Municipal Golf Course and all property now or hereafter owned by the city within the area bounded and described as follows: Beginning at the intersection of North Cayuga Street and Fall Creek; running thence northwesterly down Fall Creek to its mouth; thence north to the north city line; thence east along the north city line to the west line of Lake Road; thence south along the west line of Lake Road to the northwest line of State Route 13; thence southwesterly along the northwesterly line of State Route 13 to the west line of North Cayuga Street; thence south along the west line of North Cayuga Street to Fall Creek, to the place of beginning, excepting therefrom non-city-owned property within the above-described area and also excepting land lying within the right-of-way lines of North Cayuga Street. § 336-11. Dogs. [Amended 5-3-1995 by Ord. No. 95-7] No dogs shall be permitted in the park. This provision shall not apply to Seeing Eve dogs, service animals providing assistance to people with disabling conditions, and police working dogs. - - - - .- - - - -= - -- - - -. -- - T. - e•-- e . Exception to this prohibition is by permit only which may be granted by the Board of Superintendent of Public Works or his/her authorized agent. § 336-12. Horses. [Amended 5-3-1995 by Ord. No. 95-7] t . No saddle horses shall be permitted at any time in the park_ Exception to this prohibition is by permit only which may be granted by the Board Superintendent of Public Works or his/her authorized agent. § 336-13. (Reserved)'EN § 336-14. Trucks. No trucks except panel or larger than a standard pickup trucks shall be permitted in the park except for necessary service to or in the park. § 336-15. Motor vehicles. A. Operation and speed regulated. No person shall ride, drive or cause to be propelled any vehicle in the park at a greater rate of speed than 10 miles an hour nor on or over any path, lawn, flowerbed or other improvement. B. Parking. No vehicle shall be parked or left standing at any place in the park except at duly designated parking places. C. No motor vehicles will be allowed on any grassy area within the park at any time without a permit which may be granted by the Board of Public Works. This prohibition shall not apply to vehicles owned and operated by the City of Ithaca. [Added 5-3-1995 by Ord. No. 95-7] §§ 336-16 through 336-17. (Reserved)"EN § 336-18. Closing of park. The Board of Public Works, when necessary for the public welfare or for the improvement of the park or any portion thereof, may close the park or a portion thereof by posting proper signs at the entrance thereto or at the part to be closed. § 336-19. Boats. [Amended 5-3-1995 by Ord. No. 95-7] Except in the event of an emergency, no motorboat shall land at the beach in the park, nor shall any motorboat approach close to any such beach. § 336-20. Property damage. No person shall pick any flower or damage any planting of grass, shrubbery, trees or otherwise or damage any building or other improvement in the park. § 336-21. Selling and soliciting. - - - e • - - - - = - ••• e • - - - , - • - • No person shall solicit in the park for any purpose whatsoever without obtaining a permit from the Superintendent of Public Works or his/her authorized agent. : e - - - ' - - '- e , • -•• • - e e - - - • =• -- • -=--•- . The provisions of this section shall not apply to fraternal, service, political and other organizations selling tickets for picnics or barbecues to persons coming to the park especially for that purpose. However, solicitations for the sale of tickets cannot be made from the public enjoying the use of the park or at the entrance to the park. § 336-22. Firearms. No person shall carry, transport or possess any firearm of any nature in the park, but this section shall not apply to duly constituted peace officers. Limited use of archery equipment, supervised as part of a program provided by the Ithaca Youth Bureau shall be exempt from this provision. § 336-23. Fires. [Amended 5-3-1995 by Ord. No. 95-7] No fires shall be started or maintained at any point in the park except at duly constituted fireplaces. Exception to this prohibition is by permit only which may be granted by the Board Superintendent of Public Works or his/her authorized agent after notification to and approval by the Fire Chief."'EN ARTICLE III, Penalties § 336-24. Penalties for offenses. [Amended 8-12-1992] Any person who shall violate any provision of the rules and regulations contained in this chapter shall be subject to a penalty of not more than $250 or imprisonment for a term not to exceed 15 days, or both. Section 2. Severability. Severability is intended throughout and within the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. City Clerk Holcomb explained the proposed amendments to the ordinance. Discussion was held on the floor regarding minor changes that should be made prior to the Common Council meeting. The vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code Entitled "Commons". By Alderperson Zumoff: Seconded by Alderperson Taylor ORDINANCE NO. 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The Commons Operations Manual, Appendix Chapter A352 is hereby repealed. Section 2. Chapter 157, Entitled "Commons" of the City of Ithaca Municipal Code is hereby amended to read as follows: ARTICLE I, Commons Advisory Board § 157-1. Title. This chapter shall be known and may be cited as the "Ithaca Commons Rules." § 157-2. Purpose. The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area. § 157-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD -- That board, duly appointed by the Mayor with approval of the Common Council, charged with various activities and/or powers relating to the Ithaca Commons by the Common Council. ITHACA COMMONS: A. The following described two areas: (1) PRIMARY COMMONS -- That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of State Street and the south line of Seneca Street. (2) SECONDARY COMMONS -- That area of public property between the south building lines on the north side and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East State Street, the 100 block of West State Street and the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side and the west building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North Cayuga Street. B. Unless otherwise stated, "Ithaca Commons" or"Commons" shall mean both the Primary Commons and the Secondary Commons as described above. ITHACA DOWNTOWN PARTNERSHIP: A not-for-profit business improvement league who engages in the following program areas for downtown Ithaca: Business Retention and Development; Promotions and Marketing; Government Relations; Image Marketing. NEWSRACKS: Any self-service or coin operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications. s . ,, . _ . _ amcndod from time to timc by the Common Council. STANDARD CANOPY -- A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard canopy is one that is constructed so that it cannot be retracted. Such standard canopy may only project from the face of the structure upon which it is mounted four feet from the face of the structure and be no taller than four feet. The standard canopy must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard canopy of eight feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. [Added 8-5-1998 by Ord. No. 98-20] STANDARD AWNING --A nonstructural addition to the facade of any building which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard awning must be capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached. Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted more than four feet from the face of the structure and be no taller than four feet. The standard awning must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard awning of seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. [Added 8-5-1998 by Ord. No. 98- 20] § 157-4. Commons Advisory Board. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of 14 members: one representative from the Common Council, one representative from the Board of Public Works, four representatives from the Ithaca Downtown Business Improvement District and five representatives from outside the Ithaca Downtown Business Improvement District (at large). The Executive Director of the Ithaca Downtown Partnership, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will be appointed by the Mayor with Common Council approval for staggered two year terms. (2) Officers. The Commons Advisory Board will have two officers, a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be made from the floor with election by a maiority of those members present at the meeting. (3.) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of 8 members. (5) Action. Action may be taken by vote with a quorum of 8 members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a maiority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a maiority of Board members. Members will be notified of scheduled meetings by mail at least three days in advance. (7) Review of Ithaca Commons Rules. The provisions of this Chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons for, and scheduling of, any of the following purposes: Entertainment Cultural, social, civic, religious, and educational events Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members, authorize the issuance of a permit. The Board may authorize the Chair alone, or the City Clerk to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and/or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. [Amended 4-14-1994 by Ord. No. 94-41 (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture such as benches, outside dining facilities, trash containers, flags, kiosks~ phone booths, playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (q) Other duties and responsibilities as may be assigned by the Mayor or Common Council, and to make such other recommendations to the Mayor and Council, and other public boards, officials, groups, or individuals as may be appropriate relative to the operation and administration of the Commons. 2. Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. (c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the primary and secondary Commons. (f) General maintenance of order on the Commons. (q) Placement, size, and type of Public Artwork, in any form, on and around the primary and secondary Commons. ARTICLE II Use of the Commons § 157-5. Commons Permits. A. Permit classes. Commons Use Permits will be required for all events, activities, displays, exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this section. General classes of permits that will be referred to the City Clerk or the Commons Advisory Board include: (1) Commons Use Permits including pavilion reservations, special event permits, merchant requests to display goods, and driving on the Commons. For information on Commons loading zones see Section 157-9(H). (2) Use of Amplified Sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud natured acoustical musical instruments such as drums, and horns. (3) Animals on the Commons Permits including permits for residents and businesses on the Commons. (4) External Speaker Permits for businesses on the Commons who utilize external sound systems that project on to the Commons. (5) Outdoor Dining Permits including storefront dining permits for restaurants, and Commons space permits for use by the Ithaca Downtown Partnership. (6) Mobile Vending Agreements including monthly, seasonal, and annual vending agreements. B. Permit Issuance. (1) All requests for permits must be submitted to the City Clerk's Office. The City Clerk may ask for additional information or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of time and location of the proposed use or activity, length of time that the permit is to be valid, and special conditions that should be placed on the permit. Permits will be approved by the City Clerk or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an Appeals Board for people whose permit applications have been denied, or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the city. Permits will be issued by the City Clerk or his/her designee. The applicant will be notified of the Board's decision within five (5) business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the City Clerk or the Commons Advisory Board may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried out in a manner that meets the terms of the permit. (6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefore in writing within five (5) business days of the decision. (7) The City Clerk will be responsible for notifying appropriate city staff of permit issuance. (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of Permit Activity. A report on requests for permits, and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board. § 157-6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise displays, products, equipment and any other material at all times. (2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time. (3) To remove or properly dispose of all litter created by the permit holder's activity, use, or event. (4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction therewith. (5) To show proof, when required by the City Clerk, that liability insurance in an amount to be determined based on the nature of the event has been obtained. (6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca in issuing a permit. (7) To provide a security deposit, when required by the Superintendent of Public Works or the City Clerk, to cover anticipated cleaning and repair costs. (8) To show proof when required, of various documentation including a New York State Sales Tax Certificate, or Health Department Certificate. (9) A permit holder or vendor shall not discriminate against the people attending their event or patronizing their businesses because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 157-7. General Commons Rules. A. The following rules apply to all uses and activities on the Commons: (1) Fire lanes are to be kept open at all times. No exhibit or item will be permitted to locate in a fire lane. (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m., and amplified sound may not start before 10:00 a.m. and may not extend beyond 10:00 p.m., without special permission by the Commons Advisory Board. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the Commons. (3) No user will be permitted to reserve a location on the Commons for more than five events in any calendar year with the exception of the Ithaca Downtown Partnership. A single event is defined as being limited to three consecutive days in duration. Applicants requesting events of a longer duration may be temporarily placed in mobile vending sites as available. (4) Rain dates will not be scheduled at the time the original permit is issued but, in case of rain, every effort will be made to reschedule the event at the earliest appropriate time. Reapplication for a permit will not be required. (5) Hawking, harassing passersby, accosting people, soliciting without a permit and otherwise disrupting the natural flow of pedestrian traffic, and ingress or egress from storefronts shall be prohibited. (6) No person shall litter or throw, scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thorough fares on the primary/secondary Commons shall not be permitted without a vending agreement. Sale of event specific, and not-for-profit bake sale items shall be allowed pursuant to approval and permit by the City Clerk and/or Commons Advisory Board. (8) No religious symbols shall be used as part of a continuous, unattended freestanding display on the Commons. (9) Promotional, advertising, banners or other materials are not to be placed across the Commons, or affixed to any pavilions or other infrastructure, except in cases where a Common's Use Permit has been approved. (10) No person shall climb upon or permit minors in his/her custody to climb upon the fountain structure or any public art piece on the Commons. (11) No items shall be affixed or bound to any light poles, trees, plants, pavilions or other infrastructure on the Commons, except in cases where approval of the Department of Public Works or City Clerk has been granted. (12) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be allowed to display and sell merchandise on the Ithaca Commons with a Commons Use Permit approved by the Commons Advisory Board. (13) Businesses on the Primary and Secondary Commons shall be allowed to display merchandise, sandwich board signs, and planters, in the area extending 24" from the storefront, or the area between the storefront and the fire lane, whichever is less. The fire lane shall remain clear of obstructions at all times. Displays shall not extend beyond the width of the storefront, and shall not protrude beyond the 24" limit or fire lane, whichever is less. Sandwich board signs shall be no larger than 48" in height and 24" in width. Signs must be resistant to wind, and shall be constructed of wood, slate (chalkboard), plastic or metal. Multiple businesses may be featured on a sign. Planters shall be tended by the owners and dead plants must be removed. All merchandise shall be supervised, kept in a neat and orderly manner. All merchandise and signs shall be removed at the close of business each day. Anyone who places a sign, merchandise or planter in front of a storefront is required to maintain that area, keeping it free from litter and debris at all times. Failure to maintain this area will result in a revocation of the privilege to use the area for six months. § 157-8. Amplified Sound, Lights and Other Electrical Equipment. A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others within any building or at a distance of 25 feet or greater. B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall. C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00 p.m. and 10:00 p.m. Monday - Friday, and between 10:00 a.m. and 10:00 p.m. Saturday and Sunday upon approval of a noise permit by the Commons Advisory Board or its designee. Sound levels should be kept low and subiect to immediate volume reduction when requested by any city official, staff member of the Ithaca Downtown Partnership, or member of the Commons Advisory Board. E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display will be carefully reviewed by the City Clerk, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard condition. § 157-9. Vehicles on the Commons. A. Vehicles are allowed on the Commons pursuant to the approval of a Commons Use permit. Permits shall be issued for use after 9:00 p.m. and before 9:00 a.m. Requests to drive a vehicle on The Commons during daytime hours require additional consideration by the City Clerk and/or the Mayor before a Commons Use Permit may be issued. B. Vehicles shall not operate at a speed greater than 5 mph, and the use of a flagger and/or hazard flashing lights is required. C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. E. Except for businesses without rear access, delivery vehicles will not be permitted to drive on the Commons for front door delivery. Permits for delivery vehicles will only be issued for after 9:00 p.m. and before 9:00 a.m. F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete their task. G. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. H. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers. No other use of the loading zones shall be made without the express written permission of the Chief of the Police Department. § 157-10. Bicycles and other wheeled devices. A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary and Secondary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle is also prohibited. Wheelchairs, baby carriages and similar devices intended for the convenience and comfort of infants or people with disabling conditions are permitted on the Commons. Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's possession while on the Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure on the main traveled portion of the sidewalk, in any such manner as to constitute a hazard to pedestrians, traffic or property. C. Bicycles may be impounded for the following reasons: (1) There is reasonable cause to believe the bicycle has been stolen; (2) There is reasonable cause to believe the bicycle has been used in the commission of a crime; (3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or (4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be a civil violation punishable by a fine of not more than $50. A second violation within three years is punishable by a fine of not more than $150 or a conditional discharge requiring not more than 40 hours of community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring not less than 25 hours of community service. § 157-11. Alcoholic beverages. No alcoholic beverages may be consumed on the Ithaca Commons except by permit approved by the Common Council. § 157-12. Animals. A. No animals are allowed on the Primary Commons except by special permit. This provision does not apply to Seeing Eye Dogs, service animals providing assistance to people with disabling conditions and police working dogs. B. Owners or tenants of residential or commercial premises on the Primary Commons, whose only access to their premises is from the Primary Commons, may apply to the City Clerk for a special permit. Such permit shall be conditional on compliance with all City laws and ordinances pertaining to animals. C. A permit shall allow tenants and owners of premises on the Primary Commons, or the customers of businesses that require the presence of animals to perform the function of the business, to transport their animals to and from their premises. Animals shall be leashed or transported in carriers. • D. The permit shall not be transferable and is revocable at any time should the permit holder fail to comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's lease or ownership of premises on the Commons or for a period of one year, whichever is shorter. The permit shall be renewable annually upon application to the City Clerk. The permit fee shall be $20 per animal, or in the case of a business that requires the presence of animals to perform the function of the business, $20 for the business and its customers. No more than two permits shall be issued for each residential or commercial unit. In the case of a business that requires the presence of animals to perform the function of the business, one permit shall cover the business and all of its customers. E. The Commons Advisory Board shall review each application for a business permit and shall grant such permit upon the following conditions: (1) That animals shall be limited to an area between the premises and the closest of the three primary Commons entrances (Aurora Street, Seneca Street or Cayuga Street); (2) That the permit shall be for the movement of animals to and from the business and shall not allow for the loitering of animals in the permitted area; (3) That the dog owners or other persons responsible for the dog are responsible for promptly removing any animal waste pursuant to § 164-9 of the City of Ithaca Municipal Code which is not preempted by this section; and (4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible for the cleaning of any animal urine or feces that is deposited in the permit area. F. Animals that are included in a venue during a special event scheduled on the Commons are allowed subject to the approval of a permit by the City Clerk and/or Superintendent of Public Works. § 157-13. Posting of bills and notices. A. Posting of bills or notices or the attachment of any unauthorized devices to any structures of the Commons is prohibited. Exceptions to this regulation shall be the display panels located in the three directory towers of the Commons. Bulletins shall be placed in such display panels by the Ithaca Downtown Partnership and shall be removed by the Ithaca Downtown Partnership after a reasonable period of time, to be determined by the Ithaca Downtown Partnership. B. The display panels shall provide three types of display space: f1) Official Commons activity announcements. This space is reserved for the use of the Ithaca Downtown Partnership to announce activities and dates of events on the Commons and in the community. (2) Public announcements. This space is available for general community public use. Material posted should be of reasonable size and limited to the announcement of public events such as local civic, artistic and cultural activities; it may not include personal messages, profit motivated events or political promotional material. Posters and notices to be displayed shall be received, posted and removed by the Ithaca Downtown Partnership. They should be dated and will not be left on display for more than two weeks. (3) Directory. This space is reserved for a directory of all business space located on the Commons and should be updated periodically by the Ithaca Downtown Partnership. C. If a request for posting a public announcement as defined in this section is not honored or is denied by the Ithaca Downtown Partnership, a letter of appeal may be forwarded to the Mayor for consideration. § 157-14. Newsracks. The Commons Advisory Board shall regulate, place, and monitor the placement of newsracks on The Commons on a routine basis in order to preserve the atmosphere and appearance of The Commons in an attractive and inviting manner. Newsracks shall be placed so that they are easily accessible to the public, but are not located within a pedestrian walkway, or areas dedicated for public art, events, outdoor dining or vending, or other uses. § 157-15. Refuse. A. All refuse, rubbish and litter generated by public use of the Commons must be placed in receptacles provided for that purpose. B. Recessed store entrances, foyers or other areas within the building lines shall at all times remain the responsibility of the tenants or owners, who shall keep them in a clean and sanitary condition. The sweeping or depositing of refuse or other litter onto the Commons is not permitted. § 157-16. Storage. No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by the Superintendent of Public Works. § 157-17. Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works. § 157-18. Cleaning and repairing. All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result in the city's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such case, the city shall bill the user for the cost of such repairing or cleaning, both on the Ithaca Commons and on the surrounding business improvement district. It is expected that the same level of maintenance will be extended to the entire business improvement district as prevails for the Ithaca Commons. This provision shall not relieve the city from performing normal, routine cleaning and maintenance activities. • § 157-19. Fees. A. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued. ARTICLE III, Outdoor Dining §157-20 Outdoor Dining. A. The City Clerk shall review and consider Outdoor Dining applications for food establishments on the Primary and Secondary Commons. Applications shall include the following documentation: (1) Certificate of General Liability Insurance naming the City of Ithaca as additional insured (2) Proof of Worker's Compensation Insurance. (3) Additional Liquor Liability Insurance is required if alcohol is to be served. (4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g. trees, fire hydrants, etc.). (5) A use fee shall be submitted with the completed Outdoor Dining Application and required paperwork. B. Rules of Operation. (1) The dining area shall be adjacent to the business holding the agreement. The area may extend out from the building, but not more than five feet. The dining area shall not block fire lanes or impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront. (2) If alcohol is served, the dining area shall be contiguous to the establishment, physically defined, and approval from Common Council is required through the City Clerk. (3) The merchant shall be completely responsible for all aspects of the area including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from January 1 until December 31. Outdoor dining furniture may not impede the city's efforts to remove snow and ice accumulations from the Commons. (5) Applications must be submitted and approved annually. (6) Furniture and fixtures, as well as any means used to define the dining area will be allowed only during the approved dining hours. (7) The area used is subject to periodic review by the City Clerk and the Department of Public Works. f8) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. (9) The City may terminate this agreement at any time without cause, in which case the applicant shall be reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated before expiration. (10) The City may terminate this agreement for the following causes, including but not limited to: (a) Violation of the guidelines and requirements listed above. (b) Fraud, misrepresentation or false statements in the agreement application. (c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement. (11) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (12) The Commons Advisory Board shall have the right to terminate or re- instate the agreement. Such decision shall become effective immediately. (13) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date o f revocation. (14) The Applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. C. The City Clerk shall be authorized to issue permits to the Ithaca Downtown Partnership for placement of tables and chairs for dining and leisure purposes on the primary Commons during warm weather season. D. Appeals for denied agreements. Any person or group that has been denied an agreement for Outdoor Dining on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. ARTICLE IV, Mobile Vending Cart Regulations 157-21. Location. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The City Clerk's office shall maintain and make available to the public a map of approved vending locations. 157-22. Hours of operation. Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts, tables, and tents must be removed from the Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain permission from the Commons Advisory Board. § 157-23. Agreements. A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile Vending Map which is approved by the Commons Advisory Board annually. The City Clerk may refuse to issue an agreement: (1) If there are no eligible vending sites available for that season. (2) To any applicant who fails to satisfy the application requirements. (3) To any applicant who violated the terms of a mobile vending agreement the previous vending season. B. Application requirements. (1) Completed applications for vending agreements with corresponding fees shall be received and considered by the City Clerk. (2) Rates for mobile vending shall be set by the Commons Advisory Board in consultation with the Board of Public Works. (3) A description of the type of merchandise to be offered for sale. (4) Price list of items being sold. (5) A description of the cart or table layout to be used. (6) Proof that the applicant has complied with the established regulations of the Tompkins County Health Department, Ithaca Fire Department and other appropriate state, federal and local laws and regulations applicable to the vending business. (7) A certificate of liability insurance naming the City of Ithaca as additional insured. (8) Proof of Worker's Compensation or New York State Worker's Compensation Waiver form completed (9) Applicants shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. (10) A written description of waste disposal plans for trash, water, grease, and other materials. (11) Proof of 501(C)(3) Designation if applicable. (12) Copy of IFD permit for solid, liquid or gas fired cooking/heating appliances (13) The City Clerk may require additional information from the applicant if deemed necessary. (14) Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the City Clerk within 10 days of the change. C. Mobile Vending Agreements Upon receipt of a completed application, the City Clerk will draft a mobile vending agreement to be signed by the applicant. The signed agreement shall be reviewed by city staff, and once approved will be forwarded to the applicant. 7 R D. Security Deposit: A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for clean-up within a specified time period. If the site is not cleaned-up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. E. All fees are non-refundable unless the site is re-assigned to another vendor. In that case, the fees will be proportionately refunded. F. Requested Site Location. Sites are listed on the Mobile Vending Map. Site preference consideration will first be given to seasonal applicants, second to returning vendors, and then on a first come basis. If two returning seasonal vendors request the same site, the site will be awarded on a first come, first served basis. 157-24. Vendor Responsibility. A. Vendors receiving agreements shall: (1) Comply with all laws, ordinances and regulations applicable to their business. (2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked. (3) Surrender their agreements promptly upon their revocation or suspension. (4) Display a copy of their New York State sales tax certificate on their cart. (5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the Ithaca Commons and shall be so duly insured in the minimum amount of$1,000,000.00. (6) The Vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 157-25. Rules of Operation. A. The following are the Mobile Vending Rules of Operation: (1) Vending sites are 10' x 10' in size and vendors are required to keep all of their equipment within their assigned site. On specially marked "expansion" sites, the site may expand to 20' x 20' in size for an increased fee. 12) Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. (3) All sites are open to retail and food vending except for the sites specifically marked NF (No food vendors). (4) Vending hours are from 10:00 am — 10:00 pm unless special permission is granted by the Commons Advisory Board. (5) Vending carts must be attended at all times. (6) Tents with one or two sides, and canopies are allowed during the summer season only, and must be removed daily. Off-season, monthly vendors require special permission from the Commons Advisory Board for the use of tents. (7) All carts, tents and canopies must be removed from the vending site at the close of business each day. (8) Food vendors must maintain the submitted food menu throughout the agreement period unless special permission is granted by the Commons Advisory Board. (9) Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. (10) Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter attached to their carts. Vendors shall be responsible for the removal of litter or trash placed in their containers. No dumping is allowed in City trash cans, grates, storm sewers, or other areas. (11) Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. (12) No music, amplified sound, or repetitive noise may be played by the vendor that can be heard outside of the vending site. (13) If your vending site remains vacant for 3 consecutive weeks without notification to the City Clerk's Office, it will be considered abandoned and re- assigned. (14) An additional permit for driving on the Commons is required for the purposes of loading and unloading before 9:00 am and after 9:00 pm, and is available from the City Clerk's Office. (15) The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. (16) The City does not provide water or electric service to mobile vendors. (17) All vendors shall cooperate with City of Ithaca and Ithaca Downtown Partnership employees. 157-26. Suspension or revocation of agreement. A. The City may terminate a mobile vending agreement at any time without cause, in which case the contractor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the CAB no sooner than 10 days after requesting such a hearing. Grounds for termination include, but are not limited to: 1. Violation of the Rules of Operation 2. Fraud, misrepresentation or false statements on the application. 3. Fraud, misrepresentation or false statements made in connection with the selling of merchandise. 4. Violation of any ordinances, regulations or laws applicable to the holder of such an agreement. 5. Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. C. The CAB shall have the right to terminate or re-instate the agreement. Such decision shall become effective immediately. D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. § 157-27. Ithaca Festival and Other Events. Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to this chapter shall exclude days on which it is expected that the Ithaca Festival or other events sponsored by the Ithaca Downtown Partnership will take place on the Ithaca Commons. A listing of these events and dates shall be maintained by the City Clerk. Vendors interested in vending during special events for an additional fee should contact the Ithaca Downtown Partnership or Ithaca Festival offices for information regarding vending requirements. § 157-28. Exceptions. Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed Forces Veteran pursuant to §32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees. § 157-29. Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's Office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. ARTICLE IV, Exceptions, Penalties § 157-30. Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions shall be subject to any appropriate e review by the City Clerk's Office, Department of Public Works, the Fire Department or the Police Department. § 157-31. Applicability of other ordinances. Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons - - - e- - - - e e • -• - - - - - - -- - - - _ provisions of this Ithaca Commons Ordinance. § 157-32. Penalties for offenses. Except as otherwise provided, any person who shall violate any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties, of this Code. Section 3.Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion was held on the floor regarding various issues on the Commons. City Clerk Holcomb addressed the questions asked by the committee. If passed the ordinance would reflect current practices and procedures and would address many of the situations discussed. After several wording changes were recommended the vote on the ordinance resulted as follows: Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:45 p.m. ___) C J.-)6C1,-t-Q.A2) 7d4W//1 2 — Cindie L. Day at Pamela Mackesey Information Management Specialist Chair