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HomeMy WebLinkAboutMN-GOV-2004-08-23 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 23, 2004 PRESENT: Chair Mackesey Alderpersons (4) Whitmore, Zumoff, Taylor, Korherr OTHERS PRESENT: City Attorney— Luster Information Management Specialist - Day Alderperson Tomlan Assistant City Attorney Sarachan MEETING CALLED TO ORDER: Chair Mackesey called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Approval of July 26, 2004 Governance Committee Meeting Minutes By Alderperson Korherr: Seconded By: Alderperson Zumoff RESOLVED, That the July 26, 2004 Governance Committee Meeting Minutes be approved with noted corrections. Carried Unanimously 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. ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS Alderperson Korherr thanked Chair Mackesey for her dedication and work during the past six months while the Governance Committee had no minute taker. An Ordinance to Amend Chapter 240, section 6 and 7, of the City of Ithaca Municipal Code entitled "Noise". By Alderperson Zumoff: Seconded by Alderperson Korherr 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. Extensive discussion followed on the floor regarding the proposed changes to the noise ordinance that would allow Police Officers to become complaintants for noise violations. Alderperson Taylor spoke in opposition to the ordinance as he feels that different neighborhoods have different tolerances. He stated that noise violations should require an official complaint by a neighbor. Further discussion followed on the floor regarding people's reluctance to call the police, and their fear of retribution. A Vote on the Resolution Resulted as Follows: Ayes (4) Mackesey, Zumoff, Whitmore, Korherr Nays (1) Taylor Carried AN ORDINANCE TO AMEND SECTIONS 240-3 and 240-14 OF CHAPTER 240 OF THE CITY OF ITHACA MUNICIPAL CODE ENTITLED "NOISE." By Alderperson Korherr: Seconded By Alderperson Zumoff 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 ORDINANCE NO. OF 2004. 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 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, - - •- -- - - - - .•-• - - - - -- - - - - - - - - •• - . •e - - - -- - - - - -- - • - - - - - - -- ':" . - - ' . . e - - - . 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. 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. Discussion followed on the floor regarding the proposed changes in the ordinance that establishes decision-making criteria for the issuance of noise permits and creates consistency in the language of the ordinance. A vote on the ordinance resulted as follows: Carried Unanimously A Proposed Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code regarding Exterior Property Maintenance and Garbage Can Lids By Alderperson Zumoff: Seconded By Alderperson Korherr 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 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 time frame to have tight fitting lids back on the cans after the scheduled trash pick up time. A vote on the resulted as follows: Carried Unanimously Amendment to Common Council Rules of Procedure Chair Mackesey commenced a discussion relating to the Common Council voting process. Concerns were raised about the amount of votes needed to pass legislation when the full body of Common of Council is not present. Further discussion followed regarding when failed legislation can be returned to the floor of Council for further consideration. Alderperson Whitmore introduced the following proposed language, but offered to prepare a dew draft that would incorporate the concerns raised by the committee. Rules of Procedure— Proposed Language 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. City Attorney's Office - Report City Attorney Luster presented the City Attorney's Office quarterly report. The report included the following topics: staff positions, Litigation, labor relations, real property transactions, tax foreclosure proceedings, Freedom of Information Law (FOIL) requests, contracts, notice of claim, legal opinions, legislation, trainings, bankruptcies, and miscellaneous items. Code of Ethics - Discussion Chair Mackesey postponed the Code of Ethics discussion until the next Committee meeting scheduled for September 27, 2004. ADJOURNMENT: On a motion the meeting adjourned at 8:30 p.m. CcL tv { Cu e 4 d Cindie L. Day Pamela Mackesey Information Management Specialist Chair