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ERUV
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 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 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 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 fee title to any 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 owners of the affected utility poles, 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 be affect the general appearance of the poles or being
aesthetically obtrusive;
e. Neither the City nor the public nor any owner of any property within such
designated area shall have any responsibility or liability regarding the
establishment or maintenance of the ERUV;
f. 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; and
g. 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.