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HomeMy WebLinkAbout08-06-09 Attorney's Office ERUV-resolution10. Delineation Bounardy (ERUV) — Discussion and Possible Resolution Request for ERUV Designation Draft Resolution for Consideration by Neighborhood & Public Safety Committee (from City Attorney's office — 8/5/09) WHEREAS, the Center for Jewish Living at Cornell University has advised and informed the City of Ithaca's Neighborhood Committee and Common Council that certain precepts and provisions of Jewish religious law preclude observant Jews, on their Sabbath, from moving and /or carrying items, except when such moving and /or carrying is performed within their private area of occupation or ownership, but that Jewish religious law allows for certain public areas, when so designated by a municipality, to be deemed a "joint private domain," which is described in Hebrew as "eruv chatzerot" or "ERUV," where such moving and carrying is also proper; and WHEREAS, the City of Ithaca has been petitioned by the Center for Jewish Living at Cornell University to facilitate the creation and establishment of such an ERUV within its municipal boundaries, as indicated by the attached map; and WHEREAS, an ERUV is a symbolic boundary "enclosing" the designated area, which boundary would be identified by small plastic strips, referred to as "lechis ", attached to existing utility poles within the City of Ithaca, and it would not require the building or erection of any new structures or poles, or any work or expense by the City; and WHEREAS, an ERUV is symbolic in nature and does not contravene any federal, state or local law and — assuming permission for attachment of the lechis is granted by the owner of the involved utility poles - will not violate any existing property rights; and WHEREAS, the Common Council acknowledges that the establishment of an ERUV within its municipal boundaries will provide certain benefits of mobility to the residents for whom the request has been presented, while representing no detriment to the public at large and no diminution of the rights of other citizens of Ithaca; and WHEREAS, while the City of Ithaca, as a government body, does not formally participate in the practice or promotion of any religion, it permits and honors the free expression and practice of religion within its borders; now, therefore, be it RESOLVED, That the Common Council hereby acknowledges that the public area of the City of Ithaca so delineated on the map attached hereto and incorporated by refertence herein may be included in the symbolic ERUV contemplated by the Center for Jewish Living at Cornell University, on the following conditions: a. Such designation of this public area as being included in this ERUV shall not in any way diminish, interfere with, limit, modify or amend the City of Ithaca's or the public's rights to the lawful use of such public area, nor shall it have any effect whatsoever on the City's full and unencumbered fee title to any of the City's real property; b. Such designation shall have no impact on the benefits derived by the City of Ithaca and the public in its use of the public roads, streets and other public facilities located within the designated area; c. The construction, establishment and creation of the ERUV is subject to the consent of the owner(s) of the affected utility poles to their use for this purpose, and any required variances from the City of Ithaca Board of Zoning Appeals (or an official interpretation from such Board that a variance is not required); d. The attachment of "lechis' to utility poles located within the City of Ithaca shall be no more than what is required to meet the religious needs of the applicant, and shall not affect the general appearance of the poles or be aesthetically obtrusive; e. If the use or modification of any City of Ithaca fixtures or structures is required, for the establishment of the ERUV, then the Center for Jewish Living at Cornell University shall petition the City of Ithaca under separate cover for permission; f. The City of Ithaca shall bear no responsibility whatsoever for any cost or expense incurred in the establishment of the ERUV or its construction, modification, or maintenance; and g. This resolution shall not take effect until the City receives from the Center for Jewish Living at Cornell University a written and duly executed release from liability, indemnifying and holding harmless the City of Ithaca with regard to any claims brought or damages awarded against the City, arising out of the implementation or operation of the ERUV.