HomeMy WebLinkAbout09-27-07 Environment and Neighborhood Quality Committee Meeting Agenda ENVIRONMENT AND NEIGHBORHOOD QUALITY COMMITTEE
-Mt/MAY &Err• 27, 2007
7'30 n t1
COMMON COUNCIL CHAMBERS
1) Call Meeting to Order
2) Approval of Minutes—July 2007
3) Agenda Review/Introductions—Staff Appreciation
4) Meeting schedule for remainder of 2007—Chair Proposes fourth Thursday 7 pm(9/27, 10/25,
November cancelled, 12/27)
5) Public Comment
6) Response to the Public and Privilege of the Floor
7) Ithaca Carshare—Proposed Revision to City Code to incorporate car sharing locations—
Discussion/Resolution(15 minutes)
8) Tobacco Free Zone designation for and implementation at City parks,neighborhoods,public
spaces—Discussion/Resolution(20 minutes)
9) Exterior Property Maintenance Ordinance Article VI Property Maintenance Requirements relating
to Skirting—Discussion and Possible Resolution(20 minutes)
10)Old Business/Updates
11)Adjournment
Any questions regarding this agenda, or other issues relating to community and neighborhood services,
may be directed to Robin Holtham Korherr, Chair at 227-4330 or rkorherr @cityofithaca.org.
Cc: Mayor Media Dept Heads
Common Council Tim Logue Leslie Chatterton
Disability Advisory Council Neighborhoods Council
Bicycle Pedestrian Advisory Committee
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
TOBACCO FREE ZONE DESIGNATION FOR CITY NEIGHBORHOODS AND
PUBLIC SPACES
DRAFT Resolution and Ordinance
August 6,2007
Prepared by:
Ted Schiele, Coordinator,Tobacco Free Tompkins
Tompkins County Health Department
I. TOBACCO FREE ZONE COMMITMENT TO COMMUNITY HEALTH
Recognizing, that the social and economic costs of tobacco use and addiction are
borne by all members of the community and, that long-term reduction in the cost of
tobacco use and addiction is more likely to be successful with broad community
involvement, the goals of the Tobacco Free Zone program and the intent of the City of
Ithaca Comprehensive Measures for Tobacco Free Public Spaces are to foster a community
environment where pedestrian areas and areas of public gathering are smoke free, where
smokers who want to quit find the social support to help them succeed, and where teens
and young adults are more likely to refrain from using tobacco.
II. COMPREHENSIVE MEASURES FOR TOBACCO FREE PUBLIC SPACES
1. FINDINGS
WHEREAS, In New York State there are 25,500 deaths every year from causes
attributable to smoking. Nationwide,the toll is 450,000 deaths a year;1 and
WHEREAS, In New York State, medical costs to care for disease and disability
attributable to smoking total $8.17 Billion annually, or $12.62 for every pack sold in the
state. Direct Medicaid costs attributable to smoking total $5.47 Billion a year in New York
State, or$375 per capita;2 and
WHEREAS, Tobacco dependence is a chronic condition that often requires
repeated intervention. Personal contact, including but not limited to providing social
support, is especially effective for individuals attempting tobacco cessation;3 and
WHEREAS, In Tompkins County 19 percent of adults are cigarette smokers. The
average consumption per smoker is about 16 cigarettes a day, for a total of approximately
12,500 packs a day consumed by Tompkins County adults; and
WHEREAS, Half of Tompkins County adult smokers have tried to quit at least
once,but only 10 percent stayed quit for more than 3 months;4 and
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 11 TS
WHEREAS, The U.S. government has set a nationwide target of 12% adult
smokers by 2010.-The goal set by New York State is 1 million fewer smokers by 2010;
900,000 fewer adult smokers and 100,000 fewer youth smokers; and
WHEREAS, The June 27, 2006 Report of the Surgeon General cites "massive and
conclusive scientific evidence" that "there is no risk-free level of exposure to secondhand
smoke," and that "exposure of adults to secondhand smoke has immediate adverse effects
on the cardiovascular system and causes coronary heart disease and lung cancer";5 and
WHEREAS, An estimated 50,000 excess deaths a year result from exposure to
secondhand smoke in the United States;6 and
WHEREAS, The impact on children's health resulting from exposure to
secondhand smoke is broad, with national estimates of as many as 71,900 low birth weight
or preterm deliveries, 202,300 episodes of childhood asthma, up to 300,000 cases of lower
respiratory illness, and 789,700 cases of middle ear infections; and
WHEREAS, The 2006 Report of the Surgeon General states, "Clearly, the social
norms regarding secondhand smoke have changed dramatically, leading to widespread
support over the past 30 years for a society free of involuntary exposures to tobacco
smoke';8 and
WHEREAS, Tompkins County Local Law No. 3 of 2003 implemented smoking
restrictions designed to protect the health and safety of County residents; and
WHEREAS, A wide majority of Tompkins County adults support restrictions on
smoking at outdoor public places in the county:9
• 93% consider exposure to secondhand smoke to be harmful
• 86% favor restricting or not allowing smoking in the area around public
building entryways
• 80% favor restricting or not allowing smoking at outdoor public events
• 77% favor restricting or not allowing smoking at a public beach
• 75% favor restricting or not allowing smoking at a public park
• 90% favor restricting or not allowing smoking at a public playground; and
WHEREAS, The Tompkins County Health Department in July 2006 introduced the
Tobacco Free Zone program in part as a voluntary tool to protect the health and safety of
County employees, residents and visitors by improving air quality of building entryways
and outdoor areas frequented by the public; and
WHEREAS, Tompkins County Resolution No. 39 (2007) states the Legislature's
support for voluntary Tobacco Free Zones at buildings that serve as a workplace for
County employees for conducting County business; and
WHEREAS, Codes and administrative orders that ban smoking in outdoor public
spaces have been implemented by jurisdictions in New York State to help protect youth
from secondhand smoke and to provide a more healthy model of adult behavior;10 and
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
• Environment and Neighborhood Quality Committee Revised:Aug 6 0711 TS
WHEREAS, Smoke free workplace regulations contribute to an increase in
smoking cessation rates and decreased cigarette consumption;" and
WHEREAS, Multiple studies suggest a strong link between effective smoke free
regulations and decreased teen and adolescent smoking rates;12 and
WHEREAS, Smoke free public spaces may be an important part of a
comprehensive tobacco use prevention program; and
WHEREAS, Litter resulting from cigarette smoking in open public spaces is
unsightly and detracts from the visual landscape for both residents and visitors, presents a
potential hazard to young children,pets and wildlife, and is costly to clean up; and
WHEREAS, the tobacco industry has long known of the addictive nature and
health risks of tobacco use, yet they have undertaken large scale funding of social causes
such as the arts, education, and services for women in an ongoing "cause marketing"
campaign intended to establish a public image as responsible corporate citizens;13 and
WHEREAS, While cigarette manufacturers spend millions of dollars on youth
smoking prevention campaigns, these campaigns are widely recognized as ineffective and
possibly counterproductive;14' 15 and
WHEREAS, In August 2006, the U.S. District Court for the District of Columbia
ruled that U.S. cigarette manufacturers had violated the Racketeer Influenced and Corrupt
Organizations Act (RICO) by systematically defrauding the American public over the past
50 years;16 and
WHEREAS, Teens and adolescents are motivated to smoke by common tobacco
industry marketing practices, irrespective of whether or not they intentionally target
youth;17 and
WHEREAS, Teens and adolescents recall tobacco ads at twice the rate of adults,
tobacco ads have more impact than peer pressure for influencing youth tobacco use, and up
to a third of youth experimentation with smoking is linked to tobacco marketing;'$ and
WHEREAS, Retail advertising encourages teens to start smoking, and sales
promotions such as price discounting, coupons and value-added offers influence teens to
become regular smokers;19 and
WHEREAS, Youth regularly shop at stores where exposure to tobacco ads and
promotions is likely;20'21 and
WHEREAS, U.S. cigarette manufacturers have shifted their domestic marketing
focus to the retail point-of-sale using promotions such as price discounts, coupons, value-
added offers, and incentives paid to retailers, such that retail promotion now accounts for
81% of the U.S. industry's $13.1 billion domestic marketing expenditures;22 now, therefore
be it
RESOLVED, that smoking be prohibited in outdoor public areas of the City of
Ithaca as described below and be it further
RESOLVED, that special tobacco promotions be prohibited from taking place on
city owned or managed property as described below and be it further
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
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Environment and Neighborhood Quality Committee Revised:Aug 6 0711 TS
RESOLVED, that the City of Ithaca be prohibited from accepting any and all
donations from tobacco manufacturers as described below and be it further
RESOLVED, that this Common Council urges all businesses and workplaces
within the City to establish T-Free Zones at entrances, exits and outdoor common areas on
their property and be it further
RESOLVED, that this Common Council urges all retail stores licensed to sell
tobacco products to take voluntary steps to reduce the size and number of tobacco
advertising and promotional displays that are visible from outside the store to the minimum
which is reasonable to convey to customers who currently use tobacco the message that the
store sells tobacco products and be it further
RESOLVED, that this Common Council urges all retail stores licensed to sell
tobacco products to take voluntary steps to reduce the size and number of tobacco
advertising and promotional displays that are visible from inside the store to the minimum
which is reasonable to convey to customers who currently use tobacco information about
brands and products available for sale, and current pricing for those products.
2. ORDINANCE
1. Purpose
A. To protect the public from know health risks associated with exposure to
secondhand tobacco smoke;
B. To foster a community landscape and environment in which the use and
promotion of tobacco products becomes increasingly less common, thereby:
(1) Reducing the potential for youth to associate the use of tobacco products
with common and normal adult behavior,maturity and style;
(2) Encouraging youth and young adults to make healthy choices, including
avoidance of tobacco use;
(3) Supporting cessation attempts by tobacco users with a desire to quit, and
increasing the likelihood of their success;
C. To protect public health and enhance city beautification efforts by
discouraging behaviors that lead to the litter and pollution associated with the use of
cigarettes and smokeless (spit) tobacco;
D. To affirm the intent and findings stated by Common Council upon the
creation of the Conservation Advisory Council, "to preserve and improve the quality of the
natural and physical environment on behalf of the present and future inhabitants thereof';1
E. To support the Tompkins County Health Department's T-Free Zone
program initiative, and in so doing support city businesses and worksites that participate in
the T-Free Zone program
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07(I TS
2. Definitions
THE CIRCLE GREENWAY — A walking route around the City of Ithaca that
traverses and connects places of great natural beauty, historic interest and unusual urban
character. It is a way of providing unstructured recreation for Ithacans within a concept of
the city itself as a park.
CEMETERIES—All city-owned burial grounds.
NATURAL AREAS — of the City of Ithaca those areas which are wholly or
substantially in a natural and/or undeveloped state, which have significance for ecological
and/or recreational reasons, and which are best appreciated and maintained in a natural,
relatively undisturbed state(rather than as an active use park).
PARKS AND OPEN SPACES—All city-owned or-managed land that constitutes
parks, playgrounds, outdoor passive and active recreation areas (whether paved or
unpaved), plazas adjoining buildings, natural areas adjacent to waterways and bike paths.
The term "parks and open spaces" does not include the Ithaca Commons.
PUBLIC TRANSIT STOP — Any place designated by a recognized sign or by
common practice where individuals may gather over a period of time for the purpose of
boarding a public transit vehicle.
SMOKING—The burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco.
TOBACCO FREE ZONE — A specified area, or the area within 25 feet of a
specified place where certain restrictions or expectations may be applied or implied with
respect to smoking, the use of smokeless tobacco products, involuntary exposure to
secondhand tobacco smoke, and/or involuntary exposure to advertising for tobacco
products or solicitation to purchase or use tobacco products.
MOTORCADE, PARADE, PUBLIC GATHERING OR ASSEMBLAGE,
SPECIAL EVENT—As defined in City of Ithaca Code, §132-1 and §132-7.
TOBACCO MANUFACTURER — Any business or corporation that produces
tobacco products, including but not limited to cigarettes, smokeless tobacco, cigars, pipe
tobacco, represented by an employee of that business or corporation, their agent, agency,
wholesaler or licensed seller.
SPECIAL TOBACCO PROMOTIONS — In places other than within retail stores
licensed to sell tobacco products, the occurrence, intent or cause of any sale of tobacco
products; distribution of samples of tobacco products; distribution of merchandise or
literature that promotes a tobacco product, brand or manufacturer; distribution of offers
made by or on behalf of any tobacco manufacturer including coupons, sweepstakes entries,
subscriptions or direct marketing programs.
TOBACCO DONATIONS —Any funds, donations or underwriting in the form of
cash, in-kind or planned giving provided as charity or support for goods or services by any
City of Ithaca Code,§31-1;§31-9
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
' Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
Tobacco Manufacturer, excluding any payment made as part of or in connection with a
court-ordered settlement,penalty or fine.
3. Smoking Restrictions
A. Smoking is prohibited at or within, and extending 25 feet beyond the
following areas and places within the City of Ithaca:
(1) All doorways and docks serving as entrance or exit to city-owned or
managed buildings used to conduct city business or serve city
employees;
(2) All city-owned or managed Parks and Open Spaces, including
playgrounds;
(3) All Cemeteries;
(4) All Natural Areas;
(5) All areas that are part of or designated as the Circle Greenway;
(6) All public transit shelters;
(7) All marked public transit stops;
(8) City property during any motorcade, parade, public gathering or
assemblage, or special event;2
(9) All City owned or operated housing and residential units.
4. Restrictions on special tobacco promotions
A. Tobacco promotion by tobacco manufacturers is prohibited in the following
areas and places:
(1) All city-owned or managed Parks and Open Spaces, including
playgrounds;
(2) All Cemeteries;
(3) All Natural Areas;
(4) All areas that are part of or designated as the Circle Greenway;
(5) All public transit shelters;
(6) All marked public transit stops;
(7) City property during any motorcade, parade, public gathering or
assemblage, or special event;3
2 See City of Ithaca Code,§132-1;§132-7;§336-1-A;§342-7-C
3 See also City code§132-3
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
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Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
(8) All City owned or operated housing and residential units;
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(9) The Commons.
5.Restrictions on accepting donations from tobacco manufacturers
A. Tobacco donations are prohibited as a means of support for any of the
following:
(1) Programs, commissions or advisory councils that are defined as part of
the City Code;
(2) Programs, commissions or advisory councils currently established or
which may in the future be established by Common Council;
(3) Programs, commissions or advisory councils currently established or
which may in the future be established for The Commons;
(4) Special events on city property.
' U.S.Department of Health and Human Services.Centers for Disease Control and Prevention.Sustaining State
Programs for Tobacco Control,Data Highlights,2006
2 U.S.Department of Health and Human Services.Centers for Disease Control and Prevention.Sustaining State
Programs for Tobacco Control,Data Highlights,2006
3 Fiore MC,Bailey WC,Cohen SJ,et.al.Treating Tobacco Use and Dependence. Quick Reference Guide for Clinicians.
Rockville,MD:U.S.Department of Health and Human Services.Public Health Service.October 2000.
4 Community Tobacco Survey of Adult Residents of Tompkins County.Joel LaLone Consulting.June 2006.Quit rate
question asked respondents who identified themselves as a smoker,"During the past 12 months,have you stopped
smoking for one day or longer because you were trying to quit smoking?"
5 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.iii.
6 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.5.
7 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.6.
8 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke: A Report of the Surgeon General—Executive Summary,2006;p.22.
9 Community Tobacco Survey of Adult Residents of Tompkins County.Joel LaLone Consulting.June 2006.
10 Syracuse Post Standard,May 3,2007.http://blog.syracuse.com/news/2007/05/new_county_parks_initiative_re.html
Citations in,Campaign for Tobacco Free Kids.Smoke-free laws encourage smokers to quit and discourage youth from
starting.Revised July 2006. http://tobaccofreekids.org/research/factsheets/pdf/0I98.pdf
12 Citations in,Campaign for Tobacco Free Kids.Smoke-free laws encourage smokers to quit and discourage youth from
starting.Revised July 2006. http://tobaccofreekids.org/research/factsheets/pdf/0198.pdf
13 See Tobacco Free Tompkins No Thanks Campaign,http://www.tompkins-
co.org/wellness/tobaccofree/asp/whogets.htm
14 Campaign for Tobacco Free Kids.Behind the Smokescreen:Study-Youth Rank Tobacco Company's Ads Last
Among Anti-Tobacco Campaigns.http://tobaccofreekids.org/reports/smokescreen/study.shtml
" NPR.Effectiveness of anti-smoking ads questioned.May 31,2007.
http://www.npr.org/templates/story/story.php?storyld=10571508
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Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
• Environment and Neighborhood Quality Committee Revised:Aug 6 07 11 TS
16 See also U.S.Department of Justice web site,http://www.usdoj.gov/civil/cases/tobacco2/index.htm
17 Evans,N.,Farkas,A.,Gilpin,E.,Berry,C.,&Pierce,J.P.(1995).Influence of tobacco marketing and exposure to
smokers on adolescent susceptibility to smoking.Journal of the National Cancer Institute,87(20), 1538-45.
t8 Pierce J.P.,Choi,W.S.,Gilpin,E.A.,Farkas,A.J.,&Berry,C.C.(1998).Tobacco industry promotion of cigarettes and
adolescent smoking.Journal of the American Medical Association,279(7),511-515.
19 Slater,SJ et.al.2007.The Impact of Retail Cigarette Marketing Practices on Youth Smoking Uptake.Arch Pediatr
Adolesc Med. 161:440-445
20 L Henriksen,E C Feighery,N C Schleicher,H H Haladjian,S P Fortmann.Reaching youth at the point of sale:
cigarette marketing is more prevalent in stores where adolescents shop frequently.Tobacco Control 2004;13:315-318.
21 Elizabeth A.Gilpin,MS,Martha M.White,MS,Karen Messer,PhD,and John P.Pierce,PhD.Receptivity to Tobacco
Advertising and Promotions Among Young Adolescents as a Predictor of Established Smoking in Young Adulthood.
American Journal of Public Health,97:8.August 2007
22 FTC Cigarette Report for 2004 and 2005.Issued 2007. http://www.ftc.gov/reports/tobacco/2007cigarette2004-
2005.pdf
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An Ordinance to Amend Chapt er 346 of the C i ty of Ithaca Municipal cipai Code entitled
"Vehicles & Traffic" Sections 346-1(B) and 346-3(M) Regarding Car Sharing
ORDINANCE 07-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1: Section 346-1 of the City of Ithaca Municipal Code is hereby amended to
add the following definition as follows:
Article 1 — General Provisions
§346-1 — Definitions
(A) The words and phrases used in this chapter shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle
and Traffic Law of the State of New York.
(B) CARSHARING VEHICLE —A vehicle provided for member use by an
organization operating a membership program intended to offer an alternative to car
ownership under which persons or entities that become members are permitted and
insured to use said vehicles from a fleet on an hourly basis.
Section 2: Section 346-3(M)(1) is hereby amended to read as follows:
§346-3 Delegation of authority to regulate traffic
§346-3(E)(1) — to amend this section to read as follows:
To designate and maintain, by appropriate devices, marks or lines upon the surface of
the roadway, crosswalks at intersections where, in his/her opinion, there is particular
danger to pedestrians crossing the roadway and at such other places as he/she may
deem necessary.
§346-3(M)(1) — to amend this section to read as follows:
The City Traffic Engineer is hereby authorized and--rimed-to establish bus stops1 and
taxicab stands, locations for carsharing vehicles and stands for other passenger
common carrier motor vehicles on such public streets in such placed and in such
number as he/she shall determine to be of the greatest benefit and convenience to the
public. The Board of Public Works shall be the body for appeals to the City Traffic
Engineer's decisions.
Section 3. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 4. Effective Date.
This ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Chapter 346:Vehicles and Traffic
§ 346-1. Definitions.
A. The words and phrases used in this chapter shall,for the purposes of this chapter,
have the meanings respectively ascribed to them by Article 1 of the Vehicle and
Traffic Law of the State of New York.
B. The following words and phrases,which are not defined by Article 1 of the Vehicle
and Traffic Law of the State of New York,shall have the meanings respectively
ascribed to them in this section for the purposes of this chapter:
BUSINESS DISTRICT—The territory contiguous to and including a roadway when
within any 600 feet along such roadway there are buildings in use for business or
industrial purposes, including but not limited to hotels,banks or office buildings,
railroad stations,and public buildings which occupy at least 300 feet of frontage on
one side or 300 feet collectively on both sides of the roadway.
CARSHARING VEHICLE A vehicle provided for member use by an organization
operating a membership program intended to offer an alternative to car ownership
under which persons or entities that become members are permitted and insured to
use said vehicles from a fleet on an hourly basis.
CENTRAL BUSINESS DISTRICT—All streets and portions of streets within the
area bounded by both sides of the following streets:
(1) State Street from Plain Street to a point 600 feet west of Cayuga Street.
(2) Seneca Street from Aurora Street to Cayuga Street.
(3) Green Street from Tioga Street to a point 200 feet west of Cayuga Street.
(4) Aurora Street from Buffalo Street to Six Mile Creek.
(5) Tioga Street from Buffalo Street to Six Mile Creek.
(6) Cayuga Street from Seneca Street to a point 220 feet south of Clinton Street.
COMMERCIAL VEHICLE—(Reserved)
CURBLINE—The prolongation of the lateral line of a curb or, in the absence of a
curb, the lateral boundary line of the roadway.
GROSS WEIGHT—The weight of a vehicle without load plus the weight of any
Ioad thereon.
HOLIDAYS—New Year's Day, Lincoln's Birthday, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day and Christmas Day.
ITHACA COMMONS— Unless otherwise stated, "Ithaca Commons" or "Commons"
shall mean both Primary and Secondary Commons as described below:
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(1) PRIMARY COMMONS All streets and portions of streets within the area -
described as follows: all that area bounded by the 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— All streets and portions of streets within the
area described as follows: all that area bounded by the property between the
south building lines on the north and 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 block 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.
OFFICIAL TIME STANDARD—Whenever certain hours are named herein or on
traffic control devices, they shall mean the time standard which is in current use in
this state.
PARKING METER—Any mechanical device or meter not inconsistent with this
article placed or erected for the regulation of parking by authority of this article. Each
parking meter installed shall indicate by proper legend the legal parking time
established and,when operated, shall at all times indicate the balance of legal parking
time and,at the expiration of such period, shall indicate illegal or overtime parking.
PARKING METER SPACE—Any space within a parking meter zone,which is
adjacent to a parking meter and which is duly designated for the parking of a single
vehicle by lines painted or otherwise durably marked on the curb or on the surface of
the street or lot adjacent to or adjoining the parking meters.
PARKING METER ZONE—A designated on-street parking area or off-street
parking lot location within which the parking of vehicles is regulated by parking
meters.
SCHOOL— Any public, private, or nonprofit educational institution providing
preschool,elementary,or secondary educational instruction. For purposes of this
chapter,the term "school" includes a facility designed to provide day care,nursery
school or preschool in an institutional setting.
TRUCK— A commercial motor vehicle with a weight in excess of 10,000 pounds,
which motor vehicle is designed, used,or maintained primarily for the transportation
of property. For purposes of this chapter the applicable weight shall be either the
registered weight, the gross weight, or the vehicle specification plate weight,
whichever is higher.
§ 346-2.Authority to install traffic control devices.
The City Traffic Engineer,in cooperation with the Department of Public Works,shall
install and maintain traffic control devices when and as required under the provisions of
this chapter,to make effective the provisions of this chapter,and may install and maintain
such additional traffic control devices as he/she may deem necessary to regulate,warn or
guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the
provisions of§§ 1682 and 1684 of that law.
§ 346-3. Delegation of authority to regulate traffic.
A. Emergency and experimental regulations:The Chief of Police,by and with the
approval of the City Traffic Engineer,is hereby empowered to make regulations to
make effective the provisions of this chapter and to make and enforce temporary or
experimental regulations to cover emergency or special conditions.No such
temporary or experimental regulations shall remain in effect for more than 90 days
without formal enactment by the Common Council.
B. Stop and yield signs. The City Traffic Engineer shall be authorized to determine and
designate intersections where a particular hazard exists upon other than through
streets, and to determine whether vehicles shall stop or yield at one or more entrances
to any such intersection, and shall erect a stop or yield sign at every such place where
a stop or yield is respectively required.
C. Traffic and turning lanes. The City Traffic Engineer is authorized to place markers,
buttons or signs within or approaching intersections indicating the course or lanes to
be traveled by vehicles turning at such intersections,and such course or lane to be
traveled as so indicated shall conform to this chapter or as the City Traffic Engineer
shall prescribe.
D. Restricted turning. The City Traffic Engineer is hereby authorized to determine those
intersections at which drivers of vehicles shall not make a right, left or U-turn,and
shall place proper signs at such intersections. The making of such turns may be
prohibited between certain hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the signs or the signs may be removed
when such turns are permitted.
E. Crosswalks,safety zones and traffic lanes. The City Traffic Engineer is hereby
authorized:
(1) To designate and maintain,by appropriate devices,marks or lines upon the
surface of the roadway, crosswalks at intersections where, in his/her opinion,
there is particular danger to pedestrians crossing the roadway and at such other
places as he/she may deem necessary.
(2) To establish safety zones of such kind and character and at such places as may
be deemed necessary for the protection of pedestrians.
(3) To mark lanes for traffic on street pavements at such places as may be deemed
advisable, consistent with the traffic regulations of the city.
F. Play streets. The City Traffic Engineer shall have authority to declare any street or
•
•
•
part thereof a play street and to place appropriate signs or devices in the roadway
indicating and helping to protect the same.
G. Parking adjacent to schools.The City Traffic Engineer is hereby authorized to erect
signs indicating no parking upon that side of any street adjacent to any school
property when such parking would,in his/her opinion,interfere with traffic or create - .
a hazardous situation.
. H. Parking on narrow streets.The City Traffic Engineer is hereby authorized to erect = • -
"No Parking" signs:
•
(1) On both sides of any two-way street where the width of the roadway does not
exceed 26 feet.
(2) On one side of any two-way street where the width of the roadway does not
exceed 32 feet.
(3) On both sides of any one-way street where the width of the roadway does not
exceed 20 feet.
(4) On one side of any one-way street where the width of the roadway does not
exceed 26 feet.
I. Parking or standing on one-way streets. The City Traffic Engineer is authorized to
prohibit parking or standing upon the left-hand side of any one-way street.
- J. Divided highways. In the event that a highway includes two or more separate
roadways and traffic is restricted to one direction upon any such roadway, the City
Traffic Engineer may prohibit parking or standing upon the left-hand side of such
one-way roadway.
K. Stopping, standing or parking in hazardous places. The City Traffic Engineer is
•
hereby authorized to determine and designate places open to vehicular traffic not
exceeding 100 feet in length in which the stopping, standing or parking of vehicles
would create an especially hazardous condition or would cause unusual delay to
traffic.
L. Passenger and freight loading zones. The City Traffic Engineer is hereby authorized
to determine the location of passenger and freight curb loading zones and the hours
during which such zone shall be operable.
M. Bus stops and taxicab stands.
(1) The City Traffic Engineer is hereby authorized and-required-to establish bus
stops, and taxicab stands. locations for carsharitiLl vehicles and stands for other
passenger common carrier motor vehicles on such public streets in such places
and in such number as he/-she shall determine to be of the greatest benefit and
convenience to the public. The Board of Public Works shall be the body for
appeals to the City Traffic Engineer's decisions.
(2) The operator of a bus or taxicab shall not park upon any street in any business
•
district at any place other than at a bus stop or taxicab stand respectively.
N. Application of pavement markings.The City Traffic Engineer is hereby authorized to
apply or cause to be applied pavement markings in accordance with the standards and
specifications established by the Department of Transportation on such highways or
portions of highway as shall be determined to be necessary or appropriate.
0. Traffic control signals.The City Traffic Engineer is hereby authorized to regulate
traffic by means of traffic control signals.
346-4,Schedules; adoption of regulations.
A. The Board of Public Works is hereby authorized to adopt, and from time to time to
amend,appropriate regulations for the effective administration of the provisions of
this chapter.Such regulations shall be kept in the office of the Ithaca City Clerk.
B. Except as provided in § 346-3 above,Common Council delegates to the Board of
Public Works the authority to adopt regulations in accordance with the provisions of
General City Law,and the Vehicle and Traffic Law, § 1603.
C. For the purpose of maintaining an accurate record of all regulations adopted under the
provisions of this chapter, there is hereby established a system of schedules,
appearing as regulations of the Board of Public Works. Editor's Note: See Part 2 of
this chapter. Such schedules shall be deemed a part of the section to which they refer.
All regulations shall be adopted with reference to the appropriate schedule as
indicated in the various sections of this chapter.
ARTICLE VI Property Maintenance Requirements
§210-34.Conformance required. .
Residential premises shall be maintained in conformity with the provisions of this chapter to as to assure t.,
desirable residential character of the property. •'
§210-35.
A Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent
. development of stagnant ponds.Gutters,culverts,catch basins,drain inlets,stormwater sewers,approved
combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deem.a j_ 27/
necessary.
13 Fences and other minor constructions shall be maintained in safe and substantial condition. 1001
C Steps,walks,driveways,parking spaces and similar paved areas shall be maintained so as to afford safe p .,_ -
. under normal use and weather conditions. --
D Yards and courts shall be kept clean and free of physical hazards.
E. Yards and courts shall be kept clean and free of the accumulation of rubbish or other materials which can attract
vermin or insects.
F. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be
eliminated.
add Io in et ckQt.3e w h rC h r� u,+i res s f~;i t-1`-c rtg
be )Nat n+aijvvct r r safe a tnd 5003s-fan- ,tt1
Con A frot
e •
•
August 1,2007
City Council of Ithaca
108 East.Green Street
Ithaca,New York 14850
Members of Council:
At the City Council meeting held on February 7,2007,I spoke to you about the fact that
the Exterior Property Maintenance Code had no provisions regarding wing
skirting. I gave each of you a picture of a property with broken skirting which clearly
indicated that this condition can be both dangerous and an egregious eyesore. Having
previously spoken to Phyllis Ratan about this matter,I told you that her recommendation
was to amend the Code to include skirting. She said that this could be done simply by
removing the words"Open areas"from§210-35-B and adding a sub-paragraph G.that
would deal with skirting.I left the meeting with the impression that there was general
agreement among you that the proposed change in the Code would give the Building
Department another tool to use in reaching the goal of assuring that properties are of
desirable residential character_
I subsequently spoke to one of the City Attorneys who advised me that the procedure to
effect the change was to have a Councilperson contact a City Attorney. The City
Attorney then dra0s appropriate language and the Councilperson,upon receiving it can
follow whatever the procedures are to bring it before the Council at a regular.meeting for
a vote.I spoke to several of you individually and seat some a-mails regarding the
matter.The responses I got indicated that it was reasonable to assume that the change
would go forward.To date,the change has not been made.I am at a loss to understand
why something that is apparently uncomplicated,beneficial,non-controversial and
minimally time consuming has been dragging on for half a year.Predictably,other
skirting problems have appeared in my neighborhood. So I am again requesting that you
act to remove the words"Open areas"from§210-35-B and add a sub-paragraph G that
will deal with skirting.
Frances Weissman
112 Delaware Avenue
Ithaca,New York 14850
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Print View Page 1 of 2
•
From: Tom Nix
To: Mary Tomlan
CC: Mike Niechwiadowicz
Date: Monday - August 6, 2007 11:18 AM
Subject: Re: Code change request
Mary,
Changes that make the Housing Ordinance more restrictive than they were in 1984 are
unenforceable, as has been determined by the Courts in the Rabinor decision. The City of
Ithaca Housing Ordinance was in effect prior to January 1, 1984 when the Uniform Code
was adopted. Common Council successfully petitioned the Code Council later that year for
approval to retain the Housing Code as a more restrictive standard than the housing
maintenance provisions of the NYS Uniform Fire Prevention and Building Code. However,
subsequent modifications to the Housing Ordinance that make it more restrictive must be
approved by the State Code Council. To my knowledge this has not been done with any of
the revisions to the Ordinance. The Department of State web page dealing with more
restrictive standards is:
http://www.dos.state.ny.us/code/mrls.htm
The Building Department has had a policy since the Rabinor decision that violations of
more restrictive post-1984 Housing Code provisions are cited to property owners with the
stipulation that while the conditions may represent a safety or maintenance risk, such
violations are unenforecable. This, to the extent that the proposed code change imposed
more restrictive standards for building maintenance, will also be the likely fate of the
skirting regulations I think.
As a practical matter, I wonder if some property owners faced with the prospect of costly
City requirements for maintenance of porch skirting might just simply remove the
offending (and non-required) things. But I'm commenting without having seen the
proposed ordinance.
Tom
>>> Mary Tomlan 8/5/2007 4:36 PM >>>
I am writing to follow up on a request made by Frances Weissman at the August 1
Common Council meeting, continuing her concerns of at least six months regarding
broken skirting (generally below porches). As I responded at the meeting, I believe that
Ms. Weissman's earlier-stated concern "fell between the cracks" between the Planning
and Economic Development Committee, to which the Building Department reports, and
the Environment and Neighborhood Quality Committee, which has dealt with other
http://gw.cityofithaca.org/gw/webacc?User.context=kmbmzbNmcnvfksfLia&Item.drn=260... 8/6/2007
Print View Page 2 of 2
property maintenance matters, such as snow removal.
ENS Committee Chair Robin Korherr spoke up at the council meeting and agreed to take
up this request for a code change at her committee; she asked me to forward the material
presented to council members by Ms. Weissman on to you. I will drop off hard copies to
you on Monday, having not had time to do so at the end of last week, and Robin will be
addressing this thereafter.
With regard to the proposed change, which is to remove the heading of 210-35, "Open
areas," so that an item G. could be added addressing skirting, I guess I would note that I
would not favor that approach, as I believe it would make it difficult to come up with a
new, encompassing heading. Instead, I think a provision addressing the maintenance of
skirting would be better placed under either 210-36, "Buildings and structures" (since it is
part of the construction) or 210-37, "Infestation and screening" (if viewed primarily as an
infestation-prevention device).
Again, I will drop off the hard copy on Monday morning. Thank you for proceeding with
this.
Mary
Tom Nix
Deputy Building Commissioner
City of Ithaca Building Department
108 E. Green Street
Ithaca, New York 14850
ph: (607) 274-6508
fax: (607) 274-6521
email: tnix @cityofithaca.org
http://gw.cityofithaca.org/gw/webacc?User.context=kmbmzbNmcnvfksfLi a&Item.drn=260... 8/6/2007
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
TOBACCO FREE ZONE DESIGNATION FOR CITY NEIGHBORHOODS AND
PUBLIC SPACES
DRAFT Resolution and Ordinance
August 6,2007
Prepared by:
Ted Schiele, Coordinator, Tobacco Free Tompkins
Tompkins County Health Department
I. TOBACCO FREE ZONE COMMITMENT TO COMMUNITY HEALTH
Recognizing, that the social and economic costs of tobacco use and addiction are
borne by all members of the community and, that long-term reduction in the cost of
tobacco use and addiction is more likely to be successful with broad community
involvement, the goals of the Tobacco Free Zone program and the intent of the City of
Ithaca Comprehensive Measures for Tobacco Free Public Spaces are to foster a community
environment where pedestrian areas and areas of public gathering are smoke free, where
smokers who want to quit find the social support to help them succeed, and where teens
and young adults are more likely to refrain from using tobacco.
11. COMPREHENSIVE MEASURES FOR TOBACCO FREE PUBLIC SPACES
1. FINDINGS
WHEREAS, In New York State there are 25,500 deaths every year from causes
attributable to smoking.Nationwide,the toll is 450,000 deaths a year;' and
WHEREAS, In New York State, medical costs to care for disease and disability
attributable to smoking total $8.17 Billion annually, or $12.62 for every pack sold in the
state. Direct Medicaid costs attributable to smoking total $5.47 Billion a year in New York
State, or$375 per capita;2 and
WHEREAS, Tobacco dependence is a chronic condition that often requires
repeated intervention. Personal contact, including but not limited to providing social
support, is especially effective for individuals attempting tobacco cessation;3 and
WHEREAS, In Tompkins County 19 percent of adults are cigarette smokers. The
average consumption per smoker is about 16 cigarettes a day, for a total of approximately
12,500 packs a day consumed by Tompkins County adults; and
WHEREAS, Half of Tompkins County adult smokers have tried to quit at least
once,but only 10 percent stayed quit for more than 3 months;4 and
1
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 11 TS
WHEREAS, The U.S. government has set a nationwide target of 12% adult
smokers by 2010.-The goal set by New York State is 1 million fewer smokers by 2010;
900,000 fewer adult smokers and 100,000 fewer youth smokers; and
WHEREAS, The June 27, 2006 Report of the Surgeon General cites "massive and
conclusive scientific evidence" that "there is no risk-free level of exposure to secondhand
smoke," and that "exposure of adults to secondhand smoke has immediate adverse effects
on the cardiovascular system and causes coronary heart disease and lung cancer';5 and
WHEREAS, An estimated 50,000 excess deaths a year result from exposure to
secondhand smoke in the United States;6 and
WHEREAS, The impact on children's health resulting from exposure to
secondhand smoke is broad, with national estimates of as many as 71,900 low birth weight
or preterm deliveries, 202,300 episodes of childhood asthma, up to 300,000 cases of lower
respiratory illness, and 789,700 cases of middle ear infections; and
WHEREAS, The 2006 Report of the Surgeon General states, "Clearly, the social
norms regarding secondhand smoke have changed dramatically, leading to widespread
support over the past 30 years for a society free of involuntary exposures to tobacco
smoke";8 and
WHEREAS, Tompkins County Local Law No. 3 of 2003 implemented smoking
restrictions designed to protect the health and safety of County residents; and
WHEREAS, A wide majority of Tompkins County adults support restrictions on
smoking at outdoor public places in the county:9
• 93% consider exposure to secondhand smoke to be harmful
• 86% favor restricting or not allowing smoking in the area around public
building entryways
• 80% favor restricting or not allowing smoking at outdoor public events
• 77% favor restricting or not allowing smoking at a public beach
• 75% favor restricting or not allowing smoking at a public park
• 90% favor restricting or not allowing smoking at a public playground; and
WHEREAS, The Tompkins County Health Department in July 2006 introduced the
Tobacco Free Zone program in part as a voluntary tool to protect the health and safety of
County employees, residents and visitors by improving air quality of building entryways
and outdoor areas frequented by the public; and
WHEREAS, Tompkins County Resolution No. 39 (2007) states the Legislature's
support for voluntary Tobacco Free Zones at buildings that serve as a workplace for
County employees for conducting County business; and
WHEREAS, Codes and administrative orders that ban smoking in outdoor public
spaces have been implemented by jurisdictions in New York State to help protect youth
from secondhand smoke and to provide a more healthy model of adult behavior;10 and
2
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 TS
WHEREAS, Smoke free workplace regulations contribute to an increase in
smoking cessation rates and decreased cigarette consumption;" and
WHEREAS, Multiple studies suggest a strong link between effective smoke free
regulations and decreased teen and adolescent smoking rates;12 and
WHEREAS, Smoke free public spaces may be an important part of a
comprehensive tobacco use prevention program; and
WHEREAS, Litter resulting from cigarette smoking in open public spaces is
unsightly and detracts from the visual landscape for both residents and visitors, presents a
potential hazard to young children,pets and wildlife, and is costly to clean up; and
WHEREAS, the tobacco industry has long known of the addictive nature and
health risks of tobacco use, yet they have undertaken large scale funding of social causes
such as the arts, education, and services for women in an ongoing "cause marketing"
campaign intended to establish a public image as responsible corporate citizens;13 and
WHEREAS, While cigarette manufacturers spend millions of dollars on youth
smoking prevention campaigns, these campaigns are widely recognized as ineffective and
possibly counterproductive;14' 15 and
WHEREAS, In August 2006, the U.S. District Court for the District of Columbia
ruled that U.S. cigarette manufacturers had violated the Racketeer Influenced and Corrupt
Organizations Act (RICO) by systematically defrauding the American public over the past
50 years;16 and
WHEREAS, Teens and adolescents are motivated to smoke by common tobacco
industry marketing practices, irrespective of whether or not they intentionally target
youth;" and
WHEREAS, Teens and adolescents recall tobacco ads at twice the rate of adults,
tobacco ads have more impact than peer pressure for influencing youth tobacco use, and up
to a third of youth experimentation with smoking is linked to tobacco marketing;18 and
WHEREAS, Retail advertising encourages teens to start smoking, and sales
promotions such as price discounting, coupons and value-added offers influence teens to
become regular smokers;' and
WHEREAS, Youth regularly shop at stores where exposure to tobacco ads and
promotions is likely;20'21 and
WHEREAS, U.S. cigarette manufacturers have shifted their domestic marketing
focus to the retail point-of-sale using promotions such as price discounts, coupons, value-
added offers, and incentives paid to retailers, such that retail promotion now accounts for
81%of the U.S. industry's $13.1 billion domestic marketing expenditures;22 now, therefore
be it
RESOLVED, that smoking be prohibited in outdoor public areas of the City of
Ithaca as described below and be it further
RESOLVED, that special tobacco promotions be prohibited from taking place on
city owned or managed property as described below and be it further
3
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 Il Ts
RESOLVED, that the City of Ithaca be prohibited from accepting any and all
donations from tobacco manufacturers as described below and be it further
RESOLVED, that this Common Council urges all businesses and workplaces
within the City to establish T-Free Zones at entrances, exits and outdoor common areas on
their property and be it further
RESOLVED, that this Common Council urges all retail stores licensed to sell
tobacco products to take voluntary steps to reduce the size and number of tobacco
advertising and promotional displays that are visible from outside the store to the minimum
which is reasonable to convey to customers who currently use tobacco the message that the
store sells tobacco products and be it further
RESOLVED, that this Common Council urges all retail stores licensed to sell
tobacco products to take voluntary steps to reduce the size and number of tobacco
advertising and promotional displays that are visible from inside the store to the minimum
which is reasonable to convey to customers who currently use tobacco information about
brands and products available for sale, and current pricing for those products.
2. ORDINANCE
1. Purpose
A. To protect the public from know health risks associated with exposure to
secondhand tobacco smoke;
B. To foster a community landscape and environment in which the use and
promotion of tobacco products becomes increasingly less common, thereby:
(1) Reducing the potential for youth to associate the use of tobacco products
with common and normal adult behavior, maturity and style;
(2) Encouraging youth and young adults to make healthy choices, including
avoidance of tobacco use;
(3) Supporting cessation attempts by tobacco users with a desire to quit, and
increasing the likelihood of their success;
C. To protect public health and enhance city beautification efforts by
discouraging behaviors that lead to the litter and pollution associated with the use of
cigarettes and smokeless (spit)tobacco;
D. To affirm the intent and findings stated by Common Council upon the
creation of the Conservation Advisory Council, "to preserve and improve the quality of the
natural and physical environment on behalf of the present and future inhabitants thereof';1
E. To support the Tompkins County Health Department's T-Free Zone
program initiative, and in so doing support city businesses and worksites that participate in
the T-Free Zone program
4
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 Il Ts
2. Definitions
THE CIRCLE GREENWAY — A walking route around the City of Ithaca that
traverses and connects places of great natural beauty, historic interest and unusual urban
character. It is a way of providing unstructured recreation for Ithacans within a concept of
the city itself as a park.
CEMETERIES—All city-owned burial grounds.
NATURAL AREAS — of the City of Ithaca those areas which are wholly or
substantially in a natural and/or undeveloped state, which have significance for ecological
and/or recreational reasons, and which are best appreciated and maintained in a natural,
relatively undisturbed state(rather than as an active use park).
PARKS AND OPEN SPACES—All city-owned or-managed land that constitutes
parks, playgrounds, outdoor passive and active recreation areas (whether paved or
unpaved), plazas adjoining buildings, natural areas adjacent to waterways and bike paths.
The term "parks and open spaces" does not include the Ithaca Commons.
PUBLIC TRANSIT STOP — Any place designated by a recognized sign or by
common practice where individuals may gather over a period of time for the purpose of
boarding a public transit vehicle.
SMOKING—The burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco.
TOBACCO FREE ZONE — A specified area, or the area within 25 feet of a
specified place where certain restrictions or expectations may be applied or implied with
respect to smoking, the use of smokeless tobacco products, involuntary exposure to
secondhand tobacco smoke, and/or involuntary exposure to advertising for tobacco
products or solicitation to purchase or use tobacco products.
MOTORCADE, PARADE, PUBLIC GATHERING OR ASSEMBLAGE,
SPECIAL EVENT—As defined in City of Ithaca Code, §132-1 and §132-7.
TOBACCO MANUFACTURER — Any business or corporation that produces
tobacco products, including but not limited to cigarettes, smokeless tobacco, cigars, pipe
tobacco, represented by an employee of that business or corporation, their agent, agency,
wholesaler or licensed seller.
SPECIAL TOBACCO PROMOTIONS — In places other than within retail stores
licensed to sell tobacco products, the occurrence, intent or cause of any sale of tobacco
products; distribution of samples of tobacco products; distribution of merchandise or
literature that promotes a tobacco product, brand or manufacturer; distribution of offers
made by or on behalf of any tobacco manufacturer including coupons, sweepstakes entries,
subscriptions or direct marketing programs.
TOBACCO DONATIONS —Any funds, donations or underwriting in the form of
cash, in-kind or planned giving provided as charity or support for goods or services by any
'City of Ithaca Code,§31-1;§31-9
5
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 TS
Tobacco Manufacturer, excluding any payment made as part of or in connection with a
court-ordered settlement,penalty or fine.
3. Smoking Restrictions
A. Smoking is prohibited at or within, and extending 25 feet beyond the
following areas and places within the City of Ithaca:
(1) All doorways and docks serving as entrance or exit to city-owned or
managed buildings used to conduct city business or serve city
employees;
(2) All city-owned or managed Parks and Open Spaces, including
playgrounds;
(3) All Cemeteries;
(4) All Natural Areas;
(5) All areas that are part of or designated as the Circle Greenway;
(6) All public transit shelters;
(7) All marked public transit stops;
(8) City property during any motorcade, parade, public gathering or
assemblage, or special event;2
(9) All City owned or operated housing and residential units.
4.Restrictions on special tobacco promotions
A. Tobacco promotion by tobacco manufacturers is prohibited in the following
areas and places:
(1) All city-owned or managed Parks and Open Spaces, including
playgrounds;
(2) All Cemeteries;
(3) All Natural Areas;
(4) All areas that are part of or designated as the Circle Greenway;
(5) All public transit shelters;
(6) All marked public transit stops;
(7) City property during any motorcade, parade, public gathering or
assemblage, or special event;3
2 See City of Ithaca Code,§132-1;§132-7;§336-1-A;§342-7-C
3 See also City code§132-3
6
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
(8) All City owned or operated housing and residential units;
•
(9) The Commons.
5.Restrictions on accepting donations from tobacco manufacturers
A. Tobacco donations are prohibited as a means of support for any of the
following:
(1) Programs, commissions or advisory councils that are defined as part of
the City Code;
(2) Programs, commissions or advisory councils currently established or
which may in the future be established by Common Council;
(3) Programs, commissions or advisory councils currently established or
which may in the future be established for The Commons;
(4) Special events on city property.
'U.S.Department of Health and Human Services.Centers for Disease Control and Prevention.Sustaining State
Programs for Tobacco Control,Data Highlights,2006
2 U.S.Department of Health and Human Services.Centers for Disease Control and Prevention.Sustaining State
Programs for Tobacco Control,Data Highlights,2006
3 Fiore MC,Bailey WC,Cohen SJ,et.al.Treating Tobacco Use and Dependence. Quick Reference Guide for Clinicians.
Rockville,MD:U.S.Department of Health and Human Services.Public Health Service.October 2000.
4 Community Tobacco Survey of Adult Residents of Tompkins County.Joel LaLone Consulting.June 2006.Quit rate
question asked respondents who identified themselves as a smoker,"During the past 12 months,have you stopped
smoking for one day or longer because you were trying to quit smoking?"
5 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.iii.
6 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.5.
7 U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.6.
S U.S.Department of Health and Human Services.The Health Consequences of Involuntary Exposure to Tobacco
Smoke:A Report of the Surgeon General—Executive Summary,2006;p.22.
9 Community Tobacco Survey of Adult Residents of Tompkins County.Joel LaLone Consulting.June 2006.
10 Syracuse Post Standard,May 3,2007.http://blog.syracuse.com/news/2007/05/new_county parks_initiative_re.html
11 Citations in,Campaign for Tobacco Free Kids.Smoke-free laws encourage smokers to quit and discourage youth from
starting.Revised July 2006. http://tobaccofreekids.org/research/factsheets/pdf/0198.pdf
12 Citations in,Campaign for Tobacco Free Kids.Smoke-free laws encourage smokers to quit and discourage youth from
starting.Revised July 2006. http://tobaccofreekids.org/research/factsheets/pdf/0198.pdf
13 See Tobacco Free Tompkins No Thanks Campaign,http://www.tompkins-
co.org/wellness/tobaccofree/asp/whogets.htm
14 Campaign for Tobacco Free Kids.Behind the Smokescreen:Study-Youth Rank Tobacco Company's Ads Last
Among Anti-Tobacco Campaigns.http://tobaccofreekids.org/reports/smokescreen/study.shtml
1$ NPR.Effectiveness of anti-smoking ads questioned.May 31,2007.
http://www.npr.org/templates/story/story.php?storyId=10571508
7
Tobacco Free Zone designation for outdoor public spaces DRAFT Resolution and Ordinance
Environment and Neighborhood Quality Committee Revised:Aug 6 07 II TS
16 See also U.S.Department of Justice web site,http://www.usdoj.gov/civil/cases/tobacco2/index.htm
17 Evans,N.,Farkas,A.,Gilpin,E.,Berry,C.,&Pierce,J.P.(1995).Influence of tobacco marketing and exposure to
smokers on adolescent susceptibility to smoking.Journal of the National Cancer Institute,87(20),1538-45.
18 Pierce J.P.,Choi,W.S.,Gilpin,E.A.,Farkas,A.J.,&Berry,C.C.(1998).Tobacco industry promotion of cigarettes and
adolescent smoking.Journal of the American Medical Association,279(7),511-515.
19 Slater,SJ et.al.2007.The Impact of Retail Cigarette Marketing Practices on Youth Smoking Uptake.Arch Pediatr
Adolesc Med. 161:440-445
20 L Henriksen,E C Feighery,N C Schleicher,H H Haladjian,S P Fortmann.Reaching youth at the point of sale:
cigarette marketing is more prevalent in stores where adolescents shop frequently.Tobacco Control 2004;13:315-318.
21 Elizabeth A.Gilpin,MS,Martha M.White,MS,Karen Messer,PhD,and John P.Pierce,PhD.Receptivity to Tobacco
Advertising and Promotions Among Young Adolescents as a Predictor of Established Smoking in Young Adulthood.
American Journal of Public Health,97:8.August 2007
22 FTC Cigarette Report for 2004 and 2005.Issued 2007. http://www.ftc.gov/reports/tobacco/2007cigarette2004-
2005.pdf
8
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An Ordinance to Amend Chapter 346 of the City o f Ithaca Municipal Code entitled
"Vehicles & Traffic" Sections 346-1(B) and 346-3(M) Regarding Car Sharing
ORDINANCE 07-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1: Section 346-1 of the City of Ithaca Municipal Code is hereby amended to
add the following definition as follows:
Article 1 — General Provisions
§346-1 — Definitions
(A) The words and phrases used in this chapter shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle
and Traffic Law of the State of New York.
(B) CARSHARING VEHICLE—A vehicle provided for member use by an
organization operating a membership program intended to offer an alternative to car
ownership under which persons or entities that become members are permitted and
insured to use said vehicles from a fleet on an hourly basis.
Section 2: Section 346-3(M)(1) is hereby amended to read as follows:
§346-3 Delegation of authority to regulate traffic
§346-3(E)(1) — to amend this section to read as follows:
To designate and maintain, by appropriate devices, marks or lines upon the surface of
the roadway, crosswalks at intersections where, in his/her opinion, there is particular
danger to pedestrians crossing the roadway and at such other places as he/she may
deem necessary.
§346-3(M)(1) — to amend this section to read as follows:
The City Traffic Engineer is hereby authorized and required to establish bus stops., and
taxicab stands, locations for carsharing vehicles and stands for other passenger
common carrier motor vehicles on such public streets in such placed and in such
number as he/she shall determine to be of the greatest benefit and convenience to the
public. The Board of Public Works shall be the body for appeals to the City Traffic
Engineer's decisions.
Section 3. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 4. Effective Date.
This ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Chapter 346: Vehicles and Traffic
§ 346-1. Definitions.
A. The words and phrases used in this chapter shall,for the purposes of this chapter,
have the meanings respectively ascribed to them by Article 1 of the Vehicle and
Traffic Law of the State of New York.
B. The following words and phrases,which are not defined by Article 1 of the Vehicle
and Traffic Law of the State of New York,shall have the meanings respectively
ascribed to them in this section for the purposes of this chapter:
BUSINESS DISTRICT—The territory contiguous to and including a roadway when
within any 600 feet along such roadway there are buildings in use for business or
industrial purposes, including but not limited to hotels,banks or office buildings,
railroad stations,and public buildings which occupy at least 300 feet of frontage on
one side or 300 feet collectively on both sides of the roadway.
CARSHARING VEHICLE—A vehicle provided for member use by an organization
operating a membership program intended to offer an alternative to car ownership
under which persons or entities that become members are permitted and insured to
use said vehicles from a fleet on an hourly basis.
CENTRAL BUSINESS DISTRICT—All streets and portions of streets within the
area bounded by both sides of the following streets:
(1) State Street from Plain Street to a point 600 feet west of Cayuga Street.
(2) Seneca Street from Aurora Street to Cayuga Street.
(3) Green Street from Tioga Street to a point 200 feet west of Cayuga Street.
(4) Aurora Street from Buffalo Street to Six Mile Creek.
(5) Tioga Street from Buffalo Street to Six Mile Creek.
(6) Cayuga Street from Seneca Street to a point 220 feet south of Clinton Street.
COMMERCIAL VEHICLE—(Reserved)
CURBLINE—The prolongation of the lateral line of a curb or, in the absence of a
curb, the lateral boundary line of the roadway.
GROSS WEIGHT—The weight of a vehicle without load plus the weight of any
load thereon.
HOLIDAYS—New Year's Day,Lincoln's Birthday, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day and Christmas Day.
ITHACA COMMONS—Unless otherwise stated, "Ithaca Commons" or "Commons"
shall mean both Primary and Secondary Commons as described below:
(1) PRIMARY COMMONS All streets and portions of streets within the area
described as follows: all that area bounded by the 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— All streets and portions of streets within the
area described as follows: all that area bounded by the property between the
south building lines on the north and 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 block 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.
OFFICIAL TIME STANDARD—Whenever certain hours are named herein or on
traffic control devices,they shall mean the time standard which is in current use in
this state.
PARKING METER—Any mechanical device or meter not inconsistent with this
article placed or erected for the regulation of parking by authority of this article. Each
parking meter installed shall indicate by proper legend the legal parking time
established and, when operated, shall at all times indicate the balance of legal parking
time and, at the expiration of such period, shall indicate illegal or overtime parking.
PARKING METER SPACE—Any space within a parking meter zone,which is
adjacent to a parking meter and which is duly designated for the parking of a single
vehicle by lines painted or otherwise durably marked on the curb or on the surface of
the street or lot adjacent to or adjoining the parking meters.
PARKING METER ZONE—A designated on-street parking area or off-street
parking lot location within which the parking of vehicles is regulated by parking
meters.
SCHOOL—Any public,private, or nonprofit educational institution providing
preschool,elementary, or secondary educational instruction. For purposes of this
chapter,the term "school" includes a facility designed to provide day care, nursery
school or preschool in an institutional setting.
TRUCK—A commercial motor vehicle with a weight in excess of 10,000 pounds,
which motor vehicle is designed, used,or maintained primarily for the transportation
of property. For purposes of this chapter the applicable weight shall be either the
registered weight, the gross weight, or the vehicle specification plate weight,
whichever is higher.
§ 346-2. Authority to install traffic control devices.
The City Traffic Engineer, in cooperation with the Department of Public Works,shall
install and maintain traffic control devices when and as required under the provisions of
this chapter,to make effective the provisions of this chapter,and may install and maintain
such additional traffic control devices as he/she may deem necessary to regulate,warn or
guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the
provisions of§§ 1682 and 1684 of that law.
§ 346-3. Delegation of authority to regulate traffic.
A. Emergency and experimental regulations. The Chief of Police,by and with the
approval of the City Traffic Engineer, is hereby empowered to make regulations to
make effective the provisions of this chapter and to make and enforce temporary or
experimental regulations to cover emergency or special conditions.No such
temporary or experimental regulations shall remain in effect for more than 90 days
without formal enactment by the Common Council.
B. Stop and yield signs. The City Traffic Engineer shall be authorized to determine and
designate intersections where a particular hazard exists upon other than through
streets, and to determine whether vehicles shall stop or yield at one or more entrances
to any such intersection, and shall erect a stop or yield sign at every such place where
a stop or yield is respectively required.
C. Traffic and turning lanes. The City Traffic Engineer is authorized to place markers,
buttons or signs within or approaching intersections indicating the course or lanes to
be traveled by vehicles turning.at such intersections, and such course or lane to be
traveled as so indicated shall conform to this chapter or as the City Traffic Engineer
shall prescribe.
D. Restricted turning. The City Traffic Engineer is hereby authorized to determine those
intersections at which drivers of vehicles shall not make a right, left or U-turn,and
shall place proper signs at such intersections. The making of such turns may be
prohibited between certain hours of any day and permitted at other hours, in which
event the same shall be plainly indicated on the signs or the signs may be removed
when such turns are permitted.
E. Crosswalks, safety zones and traffic lanes. The City Traffic Engineer is hereby
authorized:
(1) To designate and maintain,by appropriate devices,marks or lines upon the
surface of the roadway, crosswalks at intersections where, in his/her opinion,
there is particular danger to pedestrians crossing the roadway and at such other
places as he/she may deem necessary.
(2) To establish safety zones of such kind and character and at such places as may
be deemed necessary for the protection of pedestrians.
(3) To mark lanes for traffic on street pavements at such places as may be deemed
advisable, consistent with the traffic regulations of the city.
F. Play streets. The City Traffic Engineer shall have authority to declare any street or
part thereof a play street and to place appropriate signs or devices in the roadway
indicating and helping to protect the same.
G. Parking adjacent to schools. The City Traffic Engineer is hereby authorized to erect
signs indicating no parking upon that side of any street adjacent to any school
property when such parking would, in his/her opinion, interfere with traffic or create
a hazardous situation.
H. Parking on narrow streets.The City Traffic Engineer is hereby authorized to erect
"No Parking" signs:
(1) On both sides of any two-way street where the width of the roadway does not
exceed 26 feet.
(2) On one side of any two-way street where the width of the roadway does not
exceed 32 feet.
(3) On both sides of any one-way street where the width of the roadway does not
exceed 20 feet.
(4) On one side of any one-way street where the width of the roadway does not
exceed 26 feet.
I. Parking or standing on one-way streets. The City Traffic Engineer is authorized to
prohibit parking or standing upon the left-hand side of any one-way street.
J. Divided highways. In the event that a highway includes two or more separate
roadways and traffic is restricted to one direction upon any such roadway, the City
Traffic Engineer may prohibit parking or standing upon the left-hand side of such
one-way roadway.
K. Stopping, standing or parking in hazardous places. The City Traffic Engineer is
hereby authorized to determine and designate places open to vehicular traffic not
exceeding 100 feet in length in which the stopping, standing or parking of vehicles
would create an especially hazardous condition or would cause unusual delay to
traffic.
L. Passenger and freight loading zones. The City Traffic Engineer is hereby authorized
to determine the location of passenger and freight curb loading zones and the hours
during which such zone shall be operable.
M. Bus stops and taxicab stands.
(1) The City Traffic Engineer is hereby authorized and required to establish bus
stops,and taxicab stands. locations for cal sharintz vehicles and stands for other
passenger common carrier motor vehicles on such public streets in such places
and in such number as he/-she shall determine to be of the greatest benefit and
convenience to the public. The Board of Public Works shall be the body for
appeals to the City Traffic Engineer's decisions.
(2) The operator of a bus or taxicab shall not park upon any street in any business
district at any place other than at a bus stop or taxicab stand respectively.
N. Application of pavement markings.The City Traffic Engineer is hereby authorized to
apply or cause to be applied pavement markings in accordance with the standards and
specifications established by the Department of Transportation on such highways or
portions of highway as shall be determined to be necessary or appropriate.
0. Traffic control signals.The City Traffic Engineer is hereby authorized to regulate
traffic by means of traffic control signals.
§ 3464 Schedules; adoption of regulations.
A. The Board of Public Works is hereby authorized to adopt, and from time to time to
amend,appropriate regulations for the effective administration of the provisions of
this chapter. Such regulations shall be kept in the office of the Ithaca City Clerk.
B. Except as provided in § 346-3 above,Common Council delegates to the Board of
Public Works the authority to adopt regulations in accordance with the provisions of
General City Law, and the Vehicle and Traffic Law, § 1603.
C. For the purpose of maintaining an accurate record of all regulations adopted under the
provisions of this chapter, there is hereby established a system of schedules,
appearing as regulations of the Board of Public Works. Editor's Note: See Part 2 of
this chapter_Such schedules shall be deemed a part of the section to which they refer.
All regulations shall be adopted with reference to the appropriate schedule as
indicated in the various sections of this chapter.
ARTICLE VI Property Maintenance Requirements
§210-34.Conformance required
Residential premises shall be maintained in conformity with the provisions of this chapt&r io'as to assure Tit,
desirable residential character of the property. •N
§210-35.Apen.amas-(� )
A Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent
. development of stagnant ponds.Gutters,culverts,catch basins,drain inlets,stormwater sewers,approved
combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deem.' ZI/
necessary.
B Fences and other minor constructions shall be maintained in safe and substantial condition. 2 d Q t7
C Steps,walks,driveways,parking spaces and similar paved areas shall be maintained so as to afford safe p
. under normal use and weather conditions. —
D Yards and courts shall be kept clean and free of physical hazards.
E. Yards and courts shall be kept clean and flee of the accumulation of rubbish or other materials which can attract
vermin or insects.
F. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be
eliminated.
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August 1,2007
City Council of Ithaca
108 East Green Street
Ithaca,New York 14850
Members of Council:
At the City Council meeting held on February 7,2007,I spoke to you about the fact that
the Ex for Property Maintenme Code had no provisions regarding wining
skirting. I gave each of you a picture of a property with broken skirting which clearly
indicated that this condition can be both dangerous and an egregious eyesore. Having
previously spoken to Phyllis Pace about this matter,I told you that her recommendation
was to amend the Code to include skirting. She said that this could be done simply by
removing the words"Open areas"from§210-35-B and adding a sub-paragraph G.that
would deal with skirting.I left the meeting with the impression that there was general
agreement among you that the proposed change in the Code would give the Building
Department another tool to use in reaching the goal of assuring that properties are of
desirable residential character.
I subsequently spoke to one of the City Attorneys who advised me that the procedure to
effect the change was to have a Councilperson contact a City Attorney. The City
Attorney then drafts appropriate language and the Councilperson,upon receiving it can
follow whatever the procedures are to bring it before the Council at a regular meeting for
a vote.I spoke to several of you individually and sea some o-mails regarding the
matter.The responses I got indicated that it was reasonable to assume that the change
would go forward.To date,the change has not been made.I am at a loss to understand
why something that is apparently uncomplicated,beneficial,non-controversial and
minimally time consuming has been dragging on for half a year.Predictably,other
skirting problems have appeared in my neighborhood. So I am again requesting that you
act to remove the words"Open areas"from§210-35-B and add a sub-paragraph G that
will deal with skirting.
Frances Weissman
112 Delaware Avenue
Ithaca,New York 14850
Print View Page 1 of 2
•
From: Tom Nix
To: Mary Tomlan
CC: Mike Niechwiadowicz
Date: Monday - August 6, 2007 11:18 AM
Subject: Re: Code change request
Mary,
Changes that make the Housing Ordinance more restrictive than they were in 1984 are
unenforceable, as has been determined by the Courts in the Rabinor decision. The City of
Ithaca Housing Ordinance was in effect prior to January 1, 1984 when the Uniform Code
was adopted. Common Council successfully petitioned the Code Council later that year for
approval to retain the Housing Code as a more restrictive standard than the housing
maintenance provisions of the NYS Uniform Fire Prevention and Building Code. However,
subsequent modifications to the Housing Ordinance that make it more restrictive must be
approved by the State Code Council. To my knowledge this has not been done with any of
the revisions to the Ordinance. The Department of State web page dealing with more
restrictive standards is:
http://www.dos.state.ny.us/code/mrls.htm
The Building Department has had a policy since the Rabinor decision that violations of
more restrictive post-1984 Housing Code provisions are cited to property owners with the
stipulation that while the conditions may represent a safety or maintenance risk, such
violations are unenforecable. This, to the extent that the proposed code change imposed
more restrictive standards for building maintenance, will also be the likely fate of the
skirting regulations I think.
As a practical matter, I wonder if some property owners faced with the prospect of costly
City requirements for maintenance of porch skirting might just simply remove the
offending (and non-required) things. But I'm commenting without having seen the
proposed ordinance.
Tom
>>> Mary Tomlan 8/5/2007 4:36 PM >>>
I am writing to follow up on a request made by Frances Weissman at the August 1
Common Council meeting, continuing her concerns of at least six months regarding
broken skirting (generally below porches). As I responded at the meeting, I believe that
Ms. Weissman's earlier-stated concern "fell between the cracks" between the Planning
and Economic Development Committee, to which the Building Department reports, and
the Environment and Neighborhood Quality Committee, which has dealt with other
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property maintenance matters, such as snow removal.
ENS Committee Chair Robin Korherr spoke up at the council meeting and agreed to take
up this request for a code change at her committee; she asked me to forward the material
presented to council members by Ms. Weissman on to you. I will drop off hard copies to
you on Monday, having not had time to do so at the end of last week, and Robin will be
addressing this thereafter.
With regard to the proposed change, which is to remove the heading of 210-35, "Open
areas," so that an item G. could be added addressing skirting, I guess I would note that I
would not favor that approach, as I believe it would make it difficult to come up with a
new, encompassing heading. Instead, I think a provision addressing the maintenance of
skirting would be better placed under either 210-36, "Buildings and structures" (since it is
part of the construction) or 210-37, "Infestation and screening" (if viewed primarily as an
infestation-prevention device).
Again, I will drop off the hard copy on Monday morning. Thank you for proceeding with
this.
Mary
Tom Nix
Deputy Building Commissioner
City of Ithaca Building Department
108 E. Green Street
Ithaca, New York 14850
ph: (607) 274-6508
fax: (607) 274-6521
email: tnix @cityofithaca.org
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