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HomeMy WebLinkAboutMN-GOV-2004-07-26 . GOVERNANCE COMMITTEE MINUTES CITY OF ITHACA, NEW YORK Regular meeting 7:00 PM July 26, 2004 PRESENT: Pamela Mackesey, Chair Joel Zumoff, Vice Chair Alderpersons (3)—Whitmore, Taylor, Holtham Korherr OTHERS PRESENT: Legal Associate Sokoni Assistant City Attorney Sarachan Meeting called to order: Chair Mackesey called the meeting to order 7:00 PM Review Agenda: Item 9 — Removed from agenda Alderperson Mackesey requested the Deletion of Item 9 — Permits and Parades- Discussion from the Agenda. No committee member objected. Public Comment: Guy Gerard, City of Ithaca, addressed the Committee to express concern regarding the enforceability of the Exterior Property Maintenance Ordinance and certificates of occupancy. James Slizac—City of Ithaca, spoke in opposition to the proposed amendment to the noise ordinance, and relayed his recent experience with a noise violation. Response to Public by Committee members: Alderperson Taylor responded to comments made by Mr. Slizac and stated that he was not the only one that has shared the same experience regarding the noise violation. Alderperson Whitmore responded to comments made regarding the Noise Ordinance and that he was glad that the public shared their experiences. Announcements and Reports from Committee members: Alderperson Whitmore reported that the Mayor's Office is hosting a Public Forum on August 2, 2004 from 6:00 pm — 9:00 pm at GIAC regarding traffic related construction issues. He stated that City of Ithaca elected officials and staff will be present to provide information on current projects. • • 9.1 An Ordinance to Amend Chapter 240, section 4, 6 and 7, of the City of Ithaca Municipal Code entitled "Noise". By Alderperson Whitmore Seconded by Alderperson Taylor WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance provisions in the City Code and find that some provisions in the respective laws require amendment in order to promote the harmonious coexistence of all city residents in a manner which is mutually respectful of the interests, rights and obligations of all persons, now therefore ORDINANCE NO. of 2004 BE IT ORDAINED AND ENACTED that Chapter 240, section 4, 6 and 7 of the City of Ithaca Municipal Code entitled "Noise" is hereby amended as follows: 240-4. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following: (1) The intensity of the noise. (2) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11) The volume of the noise. (12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. • • C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. D. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. c2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article Ill of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-6. Radios, television sets and similar sound-amplifying devices. A. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. B. For the purposes of this section: (1). For an offense that occurs on any public property where permission was obtained to use that public property, a "person" shall include the person or persons who obtained permission to utilize that property for that event. (2) For an offense that occurs on private property, a "person" shall include any adult person or persons who live in or on the property that is involved in the offense. (3) For an offense that occurs after granting of a permit pursuant to Article Ill of this chapter, a "person" shall include the person or persons who are listed on the permit. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. SEVERABILITY CLAUSE. Severability is intended throughout and within the provision of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall no affect the validity of the remaining portions of this ordinance. 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 followed on the floor comparing South Hill vs. College Town. One area involves permanent residents while the other area has the student population that noise may not bother. (240-4 regarding Civilian Complaint) On a motion by Alderperson Whitmore; seconded by Alderperson Taylor, the Committee voted on Chapter 240, sections 4 A, B, C, D, and Section 240-6B As follows: Carried Unanimously Further discussion followed on the floor on the remaining language of the ordinance. On a motion by Alderperson Zumoff; seconded by; Alderperson Korherr the committee voted on chapter 240 sections 6A, & 7A & B as follows: Ayes (4) Mackesey, Zumoff, Whitmore, Korherr Nays (1) Taylor Abstentions (0) Carried Code of Ethics Concerns — Discussion Discussion followed on the floor regarding what constitutes a "Gift" for Common Council members, and what could be considered as an attempt to influence an elected official. Further discussion followed on the floor regarding a recommendation from the County Ethics Board, including the process of checking for completion of disclosure forms. It was recommended that training on the completion of the annual financial disclosure form become part of the orientation program for Common Council Members. All forms should be filed by February 1st in the Clerk's Office, and reviewed by the City Attorney's Office. A Proposed Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code regarding Exterior Property Maintenance and Garbage Can Lids - Discussion ORDINANCE NO. OF 2004. AN ORDINANCE TO AMEND SECTION 178-3 OF CHAPTER 178 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "STANDARDS FOR GROUNDS AND EXTERIOR PROPERTY." WHEREAS, Section 178-3(B) of said Code provides that all property owners in the City of Ithaca must ensure that, "All garbage, when stored outside, is completely contained in non absorbent, water tight, durable containers having a tight-fitting lid in place," and WHEREAS, West Nile Virus and other mosquito and insect born diseases thrive in water that accumulates in otherwise empty garbage containers that do not have proper lids in place, and WHEREAS, existing Code provisions do not require that tight-fitting lids be in place on garbage containers at all times; NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 178-3(B) of Chapter 178 of the City of Ithaca Municipal Code entitled "Exterior Property Maintenance" is hereby amended as follows: "Section 178-3(B). All garbage, when stored outside, is completely contained in non- absorbent, water tight, 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. Any garbage remaining after scheduled pick-up must be removed from curbside within twenty-four (24) hours. Garbage containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times. Any garbage remaining after scheduled pick-up must be removed from curbside within twenty-four (24) hours. 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. " Section 2. 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 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 followed on the floor regarding the proposed requirement that all garbage cans have a tight fitting lid on them. Dept. of Public Works trash collection crews routinely empty trash cans and leave the lids off of the cans. Alderpersons Korherr and Whitmore expressed concerns regarding the burden this proposed regulation would have on DPW crews. It was recommended that this Ordinance be sent back to the City Attorney's Office to revise the language so that it states that lids need to be placed on cans within 24 hours of trash collection. Adjournment On a motion the meeting was adjourned at 8:30 pm. e_tiTh CaU-) Cindie L. Day Pamela Mackesey, Information Management Specialist Chair An Ordinance to Amend Chapter 240, section 6 and 7, of the City of Ithaca Municipal Code entitled "Noise". WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance provisions in the City Code and find that some provisions in the respective laws require amendment in order to promote the harmonious coexistence of all city residents in a manner which is mutually respectful of the interests, rights and obligations of all persons, now therefore ORDINANCE NO. of 2004 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 240-6, 240-7, of Chapter 240 of the City of Ithaca Municipal Code entitled "Noise" are hereby amended as follows: § 240-6. Radios, television sets and similar sound-amplifying devices. A. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public or recklessly creates a risk thereof, within any building or, outside of a building, at a distance of 25 feet or more from the source of such sound or interferes with the conversation of members of the public who are 25 feet or more from the source of such sound. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2) That occurs on private property shall include the person who owns the premises involved and any adult person who lives in or on the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. Section 2: SEVERABILITY CLAUSE. Severability is intended throughout and within the provision of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall no 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. ORDINANCE NO. OF 2004. AN ORDINANCE TO AMEND SECTIONS 240-3 and 240-14 OF CHAPTER 240 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "NOISE." WHEREAS, Section 240-14 of said Code refers to a "sound source," and WHEREAS, the term "sound source" is not defined in said Code, and WHEREAS, Section 240-14(B) of said Code requires a person who uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. to the next day, to secure a permit under the provisions of Section 240-14 of said Code, and WHEREAS, Section 240-14(E) of said Code prohibits the issuance of a permit pursuant to said section for any sound source that will operate between 10:00 p.m. and 7:30 a.m. of any day and, WHEREAS, the Common Council is desirous of reconciling these two conflicting sections, NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 240-3 of Chapter 240 of the City of Ithaca Municipal Code entitled "Noise" is hereby amended as follows: "Section 240-3. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK -- Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger. IMPULSIVE SOUND -- A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. PERSON -- Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. SOUND-AMPLIFYING EQUIPMENT -- Any machine or device for the amplification of the human voice, instrumental music or any other sound. As used in this chapter, "sound-amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or Language to be deleted is stricken. New language to be included is underlined. 1 K.\Ordinances\Nuisance Law RevisionsWoise Ordinance-amends 8-2004.doc other warning devices on any vehicle used only for traffic safety purposes or authorized fire horns or other authorized emergency alarms. SOUND SOURCE—any person or thing from which sound is created. UNREASONABLE NOISE -- A level of sound that is injurious or annoying or disturbing to be heard." Section 2. Section 240-14 of Chapter 240 of the City of Ithaca Municipal Code entitled "Noise" is hereby amended as follows: "Section 240-14. Permit procedures for certain activities. A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. to the next day, such person must secure a permit under this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit under this section. D. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) Evidence that notification of the application for the permit has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given, if the event is not a community-wide or public event. The notification shall state that any person objecting to the granting of such permit may contact the appropriate city department to whom the application is being made to express his/her opposition to the granting of the permit. (7) Evidence that a copy of the application for the permit has been provided to the Chief of Police. E. The application shall be made to the Superintendent of Public Works in connection with construction work on public rights-of-way or in parks; to the Building Commissioner for all other construction projects; and to the Mayor for any other events. The issuance of permits shall be discretionary and shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2, . . . .= •- . .- ' . . . . .. . • - - - -- . 1.11 . When determining if a permit should be issued, factors the official shall consider shall include but are not limited to the volume of the noise, the proximity of the noise to sleeping facilities, the time of the day or night the noise occurs, the time duration of the noise, and the impact of the noise on persons living or working in different places or premises who are affected by the noise. Language to be deleted is stricken. New language to be included is underlined. 2 K:\Ordinances\Nuisance Law Revisions\Noise Ordinance-amends 8-2004.doc Any permit granted shall state that the permit only applies to this chapter, that § 240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, ... he makes unreasonable noise." F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement, the Superintendent of Public Works, the Building Commissioner and the Mayor shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. G. The Superintendent of Public Works, the Building Commissioner and the Mayor shall provide the Chief of Police with a copy of any permit issued pursuant to this section." 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. Language to be deleted is stricken. New language to be included is underlined. 3 K\Ordinances\Nuisance Law Revisions\Noise Ordinance-amends 8-2004.doc CITY OF ITHACA ce.I [1FTT=_l 108 East Green Street Ithaca, New York 14850-5690 f_flt FTTT�I ITTT��00 OFFICE OF THE CITY ATTORNEY Martin A.Luster,City Attorney Telephone: 607/274-6504 '',PoRpTEO--� Patricia Dunn,Assistant City Attorney Fax: 607/274-6507 Robert A. Sarachan,Assistant City Attorney Khandikile M.Sokoni,Associate Attorney Dawn M.L.Tordel,Legal Assistant MEMORANDUM To: Pamela Mackesey, Governance Committee Chair From: Khandikile M. Sokoni, Associate Attorney /!I .It,QA... Date: August 17, 2004 Subject: Amendments to Exterior Property Maintenance Ordinance—Garbage Container Lids Attached hereto, for inclusion on the Governance Committee agenda, is a new draft of an Ordinance amending the Exterior Property Maintenance Ordinance. This language addresses the concerns discussed at the last Governance Committee meeting regarding what will happen on scheduled garbage pick-up days. We have now added language that will allow a 24-hour grace period after scheduled garbage pick-up for lids to be placed back onto the containers. Please let feel free to contact Marty or myself if you have any questions. Encl. cc: Marty Luster, City Attorney 1 'An Equal Opportunity Employer with a commitment to workforce diversification." 0 ORDINANCE NO. OF 2004. AN ORDINANCE TO AMEND SECTION 178-3 OF CHAPTER 178 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "STANDARDS FOR GROUNDS AND EXTERIOR PROPERTY." WHEREAS, Section 178-3(B) of said Code provides that all property owners in the City of Ithaca must ensure that, "All garbage, when stored outside, is completely contained in non absorbent, water tight, durable containers having a tight-fitting lid in place," and WHEREAS, West Nile Virus and other mosquito and insect born diseases thrive in water that accumulates in otherwise empty garbage containers that do not have proper lids in place, and WHEREAS, existing Code provisions do not require that tight-fitting lids be in place on garbage containers at all times; NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 178-3(B) of Chapter 178 of the City of Ithaca Municipal Code entitled "Exterior Property Maintenance" is hereby amended as follows: "Section 178-3(B). All garbage, when stored outside, is completely contained in non- absorbent, water tight, 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. Any garbage remaining after scheduled pick-up must be removed from curbside within twenty-four (24) hours. Garbage containers, whether they contain garbage or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers within twenty- four (24) hours of scheduled garbage pick-up. Any garbage remaining after scheduled pi ck-up must be removed from curbside within twenty-four (24) hours. 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. " Section 2. 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 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. Date: August 14, 2004 To: Governance Committee From: David Whitmore, Common Council, Second Ward Re: Amendment to CC Rules of Procedure At our August meeting of Common Council, a question arose regarding the length of time appropriate before a failed resolution could come back before Common Council. The City Attorney and I felt that this is not sufficiently delineated in Robert' s Rules and that the Common Council Rules of Procedure should address this issue. Pursuant to that conversation, I have drafted the following change that I now submit to the Governance Committee for consideration. Rules of Procedure Meetings iv. Voting 3) A majority vote is required to pass any motion or resolution, except as is hereinafter provided. A vote of six (6) or more Council members shall constitute a majority vote. Any resolution, ordinance or local law that fails a vote of Common Council may not be considered by Common Council again for six months, except in a motion to reconsider as provided by Robert 's Rules of Order.