HomeMy WebLinkAboutMN-CC-1986-07-02i'
COMMON COUNCIL PROCEEDINGS
CITY•OF ITHACA, NEW YORK 4ii)
Regular Meeting 8 :00 P.M. July 2, 1986
PRESENT:
Mayor - Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis, Ha;;-e. r{ - ��;;.uli, Killeen,
Lytel, Peterson, Romanowski, Schlather
ABSENT: Alderperson Dennis arrived late.
OTHERS PRESENT:
City Attorney - Nash
Dep. Controller - Cafferillo
City Clerk - Paolangeli
Fire Chief - Olmstead
Dir., Planning $ Development - Van Cort
Building Commissioner - Hoard
Personnel Administrator - Best -Shaw
Police Chief - Herson
Supt. of Public Works - Dougherty i
Dir., Youth Bureau - Cutia
lob BPW Commissioner - Nichols i
i!1
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to the
.�1��erican flag.
-�. MINU`T'ES:
June 4, 1986 Regular Meeting
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the minutes of the June 4, 1986 meeting be approved
as published.
Carried Unanimously
June 12, 1986 - Special Meeting
By Alderperson Peterson: Seconded by Alderperson Haine
RESOLVED, That the minutes of the June 12, 1986 Special meeting be
approved as published.
Carried Unanimously
June 20, 1986 - Special Meeting
By Alderperson Killeen: Seconded by Alderperson Romanowski
RESOLVED, That the minutes of the June 20, 1986 Special meeting be
approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Hoffman requested t -at the original recycling resolution
which was tabled at the June 4, 1986 meeting, be lifted from the
table and handled in conjunction with Bf,A Committee Item D, Recycling
Contracts.
No Council member objected.
Unfinished and Miscellaneous Business
Alderperson Booth corrected Item A to read "Call for Executive
Session to discuss a personnel. matter involving actions by city
employees."
No Council member objectecl.
Report of Special Committees
Alderperson Killeen rec {nested addition of a brief report on alternate
side parking committee activities.
No Council member objected.
Alderperson Lytel requested addition of a report from EOC.
No Council member objected.
410 -2- July 2, 1986
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Bic cle Ban; DSS Move
Fay Gouga is, 10 W. Seneca Street, spoke to the Council, expressing
- T•n ¢i.tlon to the Bicycle Ban on the Commons; and to the move of the
n r
the city.
Exceptions to Bicycle �aIL
Paul Sayvetz, 2 1 Elm Street, requested the council to table the
resolution which would amend the Commons Rules to permit exceptions
to the bicycle ban for persons residing or working on the Commons.
East Hill Moratorium
Jane Pedersen, 20 Elmwood Avenue, on behalf of the officers of the
Bryant Park Civic Association, read the following:
"As officers of the Bryant Park Civic Association, and East Hill resi-
dents and homeowners, we support the Planning and Development Com-
mittee's recommendation for a public hearing on extending the mora-
torium.
The zoning and planning issues that prompted last year's moratorium
are many and complex, and the rezoning proposals that have been
drafted to date are far from final. While it is possible that they
could be finalized to everyone's satisfaction in the next month, the
alternative niiQht be to rush through :ill- considered zoning changes.
'I'Ite possibility ()!-' extending the moratorium at least forestall that
alternative. Better safe than sorry."
The communication was signed by Bickley Townsend, Pres.; John. Johnson,
lst VP; R. James Miller, 2nd VP; Charette Wheelis, Secy- Treas; and
Susan Brown, Director.
Chamber of Commerce Variance
A. F. Marsial1, 1 N. Geneva Street, addressed the council, saying
the Chamber of Commerce variance should be kept for professional use;
private housing will not fit in, but will cause more congestion in
an already congested area.
Mary L. Carey, 610 Coddington Road, owner of property at 118 W. Court
Street, also expressed opposition to the C of C property being zoned
for anything except professional use.
Ben Nichols, 109 Llenroc Court, a BPW commissioner, spoke against
the resolution supporting the Chamber of Commerce move to Stewart
Park. He asked the council not to support the resolution, but instead
to refer the matter for study by the Stewart Park Committee.
Neal Howard, Carey Property Management, spoke on behalf of several
property owners in the vicinity of the C of C, saying that they wished
the property to be used for professional use, not for low- income
housing.
Earl N. Roe, 420 N. Geneva Street, spoke in opposition to low - income
housing in the C of C property; and in favor of professional use.
Mayor Gutenberger commented that this matter has come up 4 or S times;
as a point of his clarification he asked if there has been some dis-
cussion by council, if the Chamber moves out, that it will be turned
into low- income housing. He said he had not been aware of it.
Alderperson Cummings responded that at the Planning & Development
Committee, Alderperson Haine and herself expressed the concern for
maintaining the integrity of residential neighborhoods. They noted
that the Chamber currently has a residential unit in it; a few years
ago it had two residential units in it. They asked whether or not
the residential component would be maintained since we have a shortage
of housing in the community. It was not a discussion of the conversion
of the Chamber building to low- income housing.
COMMUNICATION'S FROM THE MAYOR:
Collcgetown Project
1,,�- �iten erger reminded the council that on Thursday morning, at
0
-3-
July 2, 198411
11:00 a.m, there would be ground- breaking ceremonies for the City of
Ithaca portion of the Collegetown Project (the parking garage); for
the private development portion of the project (Eddygate Apartments);
and also, in conjunction, the beginning of the first phase of st=cet
improvements in Collegetown. Everyone is invited.
Annual Republican-Democrat Softball Game
Mayor Gutenberger invite everyone to attend the annual Republican -
Democrat softball game on Friday, July 4th, at 3:00 p.m. in Stewart
Park.
MAYOR'S APPOINTMENTS:
Non -Human Services Committee
As directed y the council, Mayor Gutenberger appointed a committee
of four persons to review requests from outside groups and agencies
during the budget process that do not get reviewed by the Human
Services Coalition. He appointed the following:
David Lytel, Planning & Development Committee
Dan Hoffman, Human Services Committee
Paul Mazzarella, Planning & Development staff
Joe Spano, Finance Department
Board of Fire Commissioners
Mayor Gutenberger requested approved of appointment of David H.
Cornelius, 109 Farm Street, to the Board of- Fire Commissioners for
a three -year term to expire June 30, 1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Council approves the appointment of David H.
Cornelius to the Board of Fire Commissioners for a term to expire
June 30, 1989.
Carried Unanimously
Mr. Cornelius took the Oath of Allegiance and was sworn in by City
Clerk Paolangeli.
CITY ATTORNEY'S REPORT:
Exceptions to Bicycle Ban on the Commons
Alderperson Sc lat er asked City Attorney Nash his opinion of the
legality of the exceptions to the bicycle ban on the Commons. Atty.
Nash responded that he didn't agree with Mr. Sayvetz's argument. fie
doesn't think there is a problem of legality.
Strand Theatre
Alderperson Haine asked the status of the Strand Theatre. City Atty.
Nash responded that the city has received no official communication
from Mr. Ciaschi; it appears from all evidence that he is not going
forward at this point. No one else has expressed interest in taking
it up at this time.
Alderperson Killeen asked if there are legal impediments to auctioning
the Strand Theatre property. City Atty. Nash responded that the city
doesn't own the property; its involvement is limited to its dealings
with ARC and the grant money so it doesn't have much control over its
disposition.
HUMAN SERVICES COMMITTEE:
JLWOO� Volunteer Incentives for the Fire Department
Ylderperson Peterson reported that the committee had received a memo
from Chief Olmstead on the 1986 expenditures so far for this item.
Many of the items were awarded on the basis of the most active volun-
teers. The Human Services Committee will be looking at that in
September and make recommendations for 1987 funding.
Human Relations Training for the Police Department
Alderperson Peterson reported teat there had been an item on the Budget
and Administration Committee agenda the night before, a recommendation
from the Community Police Poard that Phase I1 of the original program
be funded. The Iluman Services Committee recommended that it not be
412 -4- July 2, 1986
voted on at that meeting because they are
of Justice's report and recommendation of
Department training. The committee would
an-j hope to make a recommendation this mo
They are urging the Department of Justice
the committee by mid- month.
waiting for the Department
an action plan on the Police
like to have both in hand
nth at their next meeting.
to have the information to
Department Heads Performance Evaluation
Alderperson Peterson reported that the committee looked at five main.
performs the evaluation; how often is it to be performed;
by what method; should it be tied into salary; and what shape should
the evaluation form itself take? She said the committee is having
information gathered by Hazel Best -Shaw of Personnel so they can look-
at other systems in oth udistricttand.thelcounty does, an theeived
a report on what the school
committee will look at that information as well.
CHARTE AN ORDINANCE COMMITTEE:
An �6a iC a ter 70 Entitled "Ithaca Commons Rules"
By er: Secon ed y Al derperson Haine
ORDINANCE NO. 86-
AN ORDINANCE AMENDING CHAPTER 70 ENTITLED "ITHACA COMMONS RULES"
OF THE CITY OF ITHACA M11NICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City oC
Ithaca, New York, as follows:
Section 1. That Section 70.6 entitled "Bic cles, etc." of
Chapter 70 entitled "Ithaca Commons Rules" of t e City of Ithaca.
Municipal Code be and the same is hereby amended to read as follows:
g 70.6 Bicycles, etc.
Riding of bicycles, roller skates, skate boards and similar
wheeled devices is prohibited on the Primary Commons. No bicycles,
tricycles or unicycles may be walked, ridden, or located on the
Primary Commons.
Wheelchairs, baby carriages, and similar devices intended for the
convenience and comfort of handicapped persons or infants are per-
mitted on the Primary Commons. [Amd. Ord. #81 -6; 12/2/811
"Bicyclists who reside on or are employed on the Ithaca Commons may
apply to the Commons Advisory Board for a permit to walk their
bicycles to and from their residences or places of employment; all
bicycles must be stored inside of the bicycle owners' residences or
places of employment. Permits will be issued only with proper identi-
fication, proof of residency or employment, and verification of the
availability of indoor storage facilities. Failure to abide by the
conditions of the permit will result in the revocation of the permit.
Permits will be issued by the Department of Public Works. The
Commons Advisory Board shall provide each permit holder with an
identification tag which shall be either attached to each permitted
bicycle or carried by the user of the bicycle."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
S 3.11(B) of the Ithaca City Charter.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Cummings, Haine, Hoffman, Killeen, Romanowski,
Schlather
Nays (2) - Lytel, Peterson
Absent (1) - Dennis Carried
-5-
July 2, 19813
An Ordinance Amending Cha ter 32 Entitled "Landmarks Preservation"
of the City of Ithaca Munici al Code
13y Alderperson ScIllat ier: Seconded by Alderperson Booth
ORDINANCE NO. 86-
AN ORDINANCE AMENDING CHAPTER 32 ENTITLED "LANDMARKS PRESERVATION"
OF THE CITY OF ITHACA MUNICIPAL, CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Subdivision F of 9 32.6 entitled "Demolition of
Structures" be and the same is hereby amended to read as follows:
F. Demolition of structures.
Demolition of structures erected on landmark sites or within
historic districts and deemed by the Commission to be of a particular
architectural or historical significance shall be prohibited unless,
upon application and hearing the Commission finds that either:
1'e
I. In the case of commercial property, that prohibition of
;)) demolition prevents the owner of the property from earning
If a reasonable return; or
1.11 2. In the case of non- commercial property, all of the following:
(i) that preservation of the structure will seriously inter-
fere with the use of the property;
(ii) that the structure is not capable of conversion to a
useful purpose without excessive costs; and
(iii) that the cost of maintaining the structure without use
would entail serious expenditure all in the light of the
purposes and resources of the owner.
In the event that upon application and hearing the Commission shall
determine that an exception to the prohibition of demolition as set
forth in subparagraph 1 or 2 above exists, the Commission may, not-
withstanding such determination, if it finds that the structure is of
unique value, deny permission to demolish; provided, however, that a
denial of permission to demolish following a finding under subpara-
graph 1 or 2 above, and a finding of unique value, shall prohibit
demolition for no more than 90 days from the date of the hearing on
said application, unless at the expiration of 90 days adjustments
have been made which negate the findings of either subparagraph 1 or 2
above. During this 90 -day period, the Commission will endeavor to work
out with the owner an economically feasible plan for the preservation
of such structure, provided that, subject to approval of Common Council
the City shall reimburse the owner any difference between a fair return
and the return he might reasonably have obtained using the structure
in its then state. (Subd. F amd. by Ord. passed 10/1/75.)
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter.
Alderperson Killeen asked what bearing this amendment would have on
(4wooll the Ag Quad situation and /or litigation, i£ at all. Alderperson
Schlather responded that the Appellate Division will act on what is
before it. [£, in fact, our jurisdictional rights are upheld by an
Appellate Court, then the State Education Department will eventual]),
have to come to the City Landmarks Commission and make its pitch. If
it is able to satisfy these exceptional property requirements then it
would trigger these particular provisions. If it is not able to satis-
fy those requirements then these provisions would not come into play.
Alderperson Dennis arrived at 8:43 p.m.
A vote on the resolution resulted as follows:
Carried Unanimously
41 111 -6- July 2, 1986
PLANNING AND DEVELOPMENT COMMITTEE:
Authorization of Acceptance o Right -of -Way To Be Conveyed by County
nf Tomp ins
By Alderperson Cummings: Seconded by Alderperson Iiaine
WHEREAS, the County of Tompkins, upon being requested to release a
certain county- otined right- of- way.�(map attached) located in the city
for private development, referred the matter to the City for comment
or recommendation, and
;,fiiR[:.�j, the City determined that the public interest would be best
served by transfer of the subject right -of -way to the City in order
to facilitate direct negotiation between City and developer, and
accordingly requested such transfer, and
WHEREAS, 'the County, by Resolution No. 198, adopted June 17, 1986,
authorized and directed the Chairman of the Board of Representatives
to execute a quit -claim deed conveying subject right -of -way to the
City; therefore, be it
RESOLVED, That this Common Council authorize and direct the Mayor to
accept and execute said quit -claim deed for the City Of Ithaca, and
be it further
RESOLVED, That the Board of Planning and Development, in consulta-
tion faith the Department of Public 1vorks, be authorized to determine
whether a portion of the subject might -of -way should be released for
development, and that the Board be directed to inform the City Attorney
as to any terms and conditions which may be appropriate to attach to
the release of any such portion, and be it further
RESOLVED, That by copy of this Resolution, the City express appreci-
ation to the County for having initiated this example of intergovern-
mental cooperation.
Discussion followed on the floor. "40)
Alderperson Schlather asked why the city should preserve a right -of -w;
which.willnever be used as a city street. Mr. Van Cort responded that
it is an option should anyone want to provide access to the parcels
in the future if they should be subdivided again.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Cummings, Dennis, Haine, Killeen, Lytel,
Peterson, Romanowski
Nays (2) - Hoffman, Schlather
Carried
Route 96 Study Proposal
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, the proposed Route 96 relocation alternatives continue to be
one of the most important planning and development issues facing the
City of Ithaca, and
WHEREAS, many questions remain regarding the impacts of the various
Route 96 alternatives both inside the City and in the surrounding
area, and
I'dHERL'-AS, there is interest on the part of the 'Town of Ithaca and the
County of Tompkins in cooperating with the City of Ithaca on finding
answers to some of these questions, and
WHEREAS, acting on this interest, a proposal for investigation into
these questions has been sought and received from Planning/Environ-
mental Research Coll sultaIlts, and
1%1HEREAS, Town and County have agreed to share equally the cost for
such study; now, therefore, be it
RESOLVED, That the City of Ithaca does approve the PERC proposal as
submitted on June 24, 1986, and be it further
t, - �;L IF!- - 1,:, .., �:,
mf
�'i
,D BY ToMp
W'WS COUP.
-7-
July 2, 19415
RESOLVED, That $3,250 be allocated for one -third the expense of the
study, and be it further
RESOLVED, That the Mayor be and hereby is authorized and directed t:;
execute the contract with PERC for the Route 96 study proposal.
Alderperson Cummings reported that the P$D Committee passed the
resolution with a vote of 2 -2 and referred it to the Budget and Ad-
ministration Committee.
Alderperson Dennis reported that the B&A Committee did not review or
take action on it, but intended to at its next meeting. Alderperson
(Wo-ol Schlather commented that he would like it discussed in B&A before
taking action on it.
Referral Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Route 96 Study Proposal be referred to the B&A
Committee for review. i
i
Mayor Gutenberger urged passage of the P&D Committee resolution on
(I the floor.
Further discussion followed.
t7�
A vote on the Referral Resolution resulted as follows:
�I Ayes (5) - Schlather, Cummings, Hoffman, Booth, Peterson
Nays (5) - Dennis, Haine, Killeen, Lytel, Romanowski
Mayor Gutenberger voted Nay, breaking the tie vote..
Motion Defeated
Alderperson Hoffman asked for assurance that the study would cover
all three options. Mayor Gutenberger responded that if it did not
cover all three options he would not sign the contract.
Further discussion followed on the floor.
Recess
Council recessed at 9:20 p.m. and reconvened in regular session at
9 :30 p.m.
Alderperson Schlather asked Alderperson Cummings on what basis the
committee made its recommendation and she responded that they based
it on the letter of June 24, 1986. She had not seen the letter of
March 21, 1986, and didn't think the committee had.
Alderperson Schlather commented that he would neither support or
oppose the resolution; he would abstain. He said he didn't see how
he could otherwise insure the integrity of this deliberative process,
that when they are dealing with issues of this magnitude they send
them into committee and talk about them thoroughly before making recom-
mendations and acting on them at Council.
Tabling Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the Main Resolution be tabled.
Ayes (9) - Booth, Cummings, Haine, Hoffman, Killeen, Schlather,
(60000 Lytel, Peterson
Nay (1) - Romanowski
Carried
Introducing Proposed Amendment to Zoning Ordinance and Providing for
Public Notice and Pudic Hearing
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, the City of Ithaca follows a process of land use planning and
zoning to guide and regulate the use and development of property, and
WHEREAS, land use guidelines and controls established for this purpose
require periodic review to determine whether current property use and
development is consistent with established community objectives and
values, or whether modification of such regulations and guidelines may
416 -g- July 2, 1986
be needed in order to accommodate acceptable and desirable change or
to protect the value of existing development against inappropriate,
or detrimental use or development, and
WHEREAS, the Board of Planning and Development, having determined that
modifications are needed, is preparing a strategic plan for housing
and neighborhoods, and
WHEREAS, the conditions identified as detrimental to the East Hill
neighborhood which were cited as reason for imposition of a moratorium
on construction which would result in increased residential occupancy
in the neighborhood have not changed or have intensified, and
WHEREAS, the Board of Planning and Development is preparing recommends
tions for amendments to the Zoning Ordinance to address the problems
identified by neighborhood residents and refined in the recently
completed East Mill Study; now, therefore, be it
RESOLVED, That Ordinance No. 86- , entitled
Chapter 30 entitled 'Zoning', of the City of
To Provide for a Six Months Extension of the
Certain Building Permits and Certificates of
introduced before the Common Council of the
and be it further
"An Ordinance Amending
Ithaca Municipal Code
Temporary Moratorium on
Occupancy," is hereby
City of Ithaca, New York,
RESOLVED, That the Common Council shall hold a Public Hearing in the
r
:1atter of the adoption of the aforesaid ordinance to be held at the
Council Chambers, City Hall, 108 East Green Street in -the City OF
Ithaca, New York, on Wednesday, the sixth day of August, 1986 at
8:00 P.M. o'clock, and be it further
RESOLVED, That the City Clerk give notice of such public hearing by
publication of a notice in the official newspaper, specifying the time
when and the place where such public hearing will be held, and in.
general terms describing the proposed ordinance. Such notice shall be
ublished once at least fifteen days prior to the hearing, and be it
P
further
RESOLVED, That the City Clerk shall transmit forthwith to the Planning
and Development Board of the Town of Ithaca and to the Tompkins Count
Planning Board a true and exact copy of the proposed zoning ordinance
for their report thereon.
ORDINANCE NO. 86-
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF
ITHACA MUNICIPAL CODE TO PROVIDE FOR A SIX MONTH EXTENSION OF THE
TEMPORARY MORATORIUM ON CERTAIN BUILDING PERMITS AND CERTIFICATES OF
OCCUPANCY.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. AMENDED SECTION 30.01
That S 30.01 entitled "Temporary Moratorium on Certain Building
Permits and Certificates of Occupancy" is hereby amended to read as
follows:
"S 30.01 Temporary Moratorium on Certain Building Permits and
Certificates of Occupancy.
(1) In order to stabilize existing conditions of use and occupancy,
to facilitate the systematic and thorough evaluation of the effects
of recent changes in the use and occupancy of property within an area
which has been observed to be undergoing rapid change, and through
such study to identify and present for legislative action appropriate Sj
measures for the protection and enhancement of the area, the Building
Commissioner of the City of Ithaca shall for a period ending on
Thursday, March S, 1987, cease to issue:
a. any Building Permit for alterations, additions, or new construc-
tion which would increase the number or the legal occupancy of non -
owner- occupied dwelling units in the area described in subdivision 2
of this ordinance.
-g- July 2, 19841 7
b. any Certificate of Occupancy for a change in use which would
increase the legal occupancy capacity of any non - owner- occupied
dwelling unit, or the number of such units, in the area described in
subdivision 2 of this ordinance.
(2) Application of moratorium. This moratorium shall apply to all
properties in the area bounded by a continuous line beginning at the
Old Stone Bridge crossing Cascadilla Creek; thence following the
centerline of College Avenue southerly to its intersection with a line
which is the eastern extension of the northern boundary of tax parcel
63 -S -3; thence following the extension of the northern property
boundary of tax parcel 63 -5 -3 and the northern boundary of tax parcel
63 -S -3 westerly to its intersection with the western boundary of tax
parcel 63 -5 -3; thence southerly along the western boundaries of the
following tax parcels so as to include all. of each of said parcels
within the area encompassed by the moratorium: 63 -5 -3, 63 -5 -S,
63 -6 -11, 63 -6 -13, 63 -6 -14, 68 -4 -6 through 68 -4 -9 inclusive, 68 -5 -10
through 68 -5 -13 inclusive, 68 -6 -2 through 68 -6 -11 inclusive and
83 -4 -2 through 83 -4 -4 inclusive, to its intersection with the center-
line of Mitchell Street; thence easterly to its intersection1with the
centerline of Ithaca Road; thence northeasterly to its intersection
l�) with the centerline of Dryden Road and continuing northeasterly to
O'l its intersection with the centerline of Campus Road; thence westerly
to its intersection with the centerline of Cascadilla Creek; thence
SRI continuing westerly along the centerline of Cascadilla Creek to the
point and place of beginning.
-y (3) Appeals procedure. If an individual applying for a Building
Permit or Certificate of Occupancy covered by this moratorium can
demonstrate hardship as a result of the moratorium he or she may
appeal to the Board of Zoning Appeals which at its sole discretion,
upon recommendation of the Board of Planning and Development, may
exempt the individual from the provisions of the moratorium.
SECTION 2. EFFECTIVE DATE.
(Moo� This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in 9 3.11(B) of
the Ithaca City Charter, and shall remain in effect until March S,
1987.
Discussion followed on the floor.
A vote on the resolution calling for a public hearing resulted as
follows:
Chamber of Commerce Site
By Alderperson Cummings:
WHEREAS, the Tompkins Cou
to the City of Ithaca for
of a new headquarters for
Youth Bureau building now
Carried Unanimously
Seconded by Alderperson Killeen
my Chamber of Commerce has made a proposal
lease of land sufficient for construction
the Chamber of Commerce adjacent to the
under construction, and
h'IIL'•REAS, this proposal is consistent with the master plan for Stewart
Park recently approved by Common Council, and
WHEREAS, the Chamber of Commerce has proposed to pay fair market value
for the land and any ancillary costs associated with their occupancy
(6000, of the site, and
WHEREAS The Youth Bureau Board has examined and reported favorably
on the Chamber of Commerce proposal; now, therefore, be it
RISOLVED, That the Common Council approve the concept of leasing land
to the Chamber- of Commerce for a new building, and be it further
RESOLVED, That the Director of Planning and Development in cooperation
With the City Attorney and other staff as necessary be and hereby is
directed to work with the Chamber of Commerce to bring back to Common
Council for final review and action a specific proposal for deveiuhiu1,;,tL
of a Chamber of Commerce building adjacent to Stewart Park, and be it
further
418 -10- July 2, 1986
RESOLVED, That the Chamber of Commerce is urged to seek an appropriate
owner for the reuse of their present headquarters on West Court Street
in the DeWitt Park Historic District of the City Of Ithaca.
Discussion followed on the floor.
Tabling Resolution
By Alderperson Booth
RESOLVED, That the resolution be tabled.
Referral Resolution
By Alderperson Lytel: Seconded
RESOLVED, That the resolution be
Group for review.
Motion failed for lack
of a second J,
by Alderperson Cummings
referred to the Stewart Park Advisory
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (4) - Lytel, Cummings, Hoffman, Booth
Nays (6) - Dennis, Haine, Killeen, Peterson, Romanowski, Schlather
Motion Defeated
A vote on the main motion resulted as foLIows:
Ayes (5) - Lytel, Cummings, Dennis, Killeen, Romanowski
Nays (5) - Hoffman, Booth, Haine, Peterson, Schlather
Mayor Gutenberger voted Aye, breaking the tie vote.
Carried
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Cha ter 23
M ici al Co e
Entitled "Taxicabs" of the City of
of Ithaca
It.aca un p
By Alderperson Schlather: Seconded by Alderperson Cummings
BE IT ORDAINED AND ENACTED by the Common Council of the City
New York, as follows:
Section 1. That Chapter 23 entitled "Taxicabs" of the City of Ithaca
Municipal Code shall be and the same is hereby amended as described
in the copy attached to the Official Minute Book.
Section 2. Effective Date.
This ordinance shall take effect August 1, 1986 and in accordance
with law upon publication of a notice as provided in Section 3.11(B)
of the Ithaca City Charter. Carried Unanimously
Alderperson Schlather and Mayor Gutenberger expressed their appreci-
ation to the following members of the Taxicab Subcommittee for their
work on the ordinance: David Lytel, Dwight Mengel, Alice Wood,
Sidney Green, Robert and Eleanor Swartz and Fran Helmstadter.
Ms. Alice Wood thanked the council for expediting the action of
amending the ordinance, but said she was not sure they had accomplished
yet what they set out to do - to provide reliable and affordable taxi-
cab service, especially for the handicapped. Sue Ruff spoke briefly
on the subject. Alderperson Schlather responded, saying the
committee tried to balance the needs of the taxicab industry with the
needs of the clients, and pointed out thatrthere is provision for
certain discounts in S 23.42(B)( ); o y the
matter further if Ms. Ruff will submit something in writing to the
committee.
BUDGET AND ADMINISTRATION COMMITTEE:
Summer Youth Work Program
By Alderperson Dennis: Seconded by Alderperson Killeen
the Tompkins County Board of Representatives adopted a
resolution appropriating $11,700 to the City for participating in a
Summer Youth Work Program to be made available on a matching fund
basis, and
-11-
i
July 2, 19619
WHEREAS, the Executive Committee of the City's Youth Bureau .Board
has recommended that the City participate in this program; now,
therefore, be it
RESOLVED, That this Common Council approves an amount not to exceed
$11,700 as the City's matching share for this program, and be it
further
RESOLVED, That the Mayor be, and is, hereby authorized and direct,:i
to execute the agreement with Tompkins County.
Carried Unanimously
(W000, D.P.W. Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the 1986 Authorized Equipment List for the Department
of Public Works be amended to include the purchase of a brick cutter,
at a cost not to exceed $500, as requested by the Superintendent of
Public Works, and be it further
i
RESOLVED, That an amount not to exceed $500 be transferred within the
Department of Public Works Account A5111, Maintenance of Roads, from
Line Item 487, Machine Paving, to Line Item 225, Other Equipment.
Carried Unanimously
+1�
Atid_i t
I),r Aldc'- Person Dennis: Secoii(Icd by Allderherson Sch-Tather
RESOLVED, That the bills presented, as listed on Audit Abstract
#12/1986, in the total amount of $19,113.03, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Recycling Contracts
By Alderperson Hoffman: Seconded by Alderperson Cummings
(awool RESOLVED, That the resolution which was introduced on June 4, 1986,
which appears on page 7 of the minutes of that meeting (Rob Young
proposal), be removed from the table.
"RESOLVED, That Common.Council allocate $8,526 from Account A1990,
Contingency, to Planning Department Account A8020 -430, Fees for
Professional Services, to fund a Comprehensive Feasibility Study
for improving Ithaca's Recycling Program, as proposed by Rob Young
of American Soil Products, Inc."
A vote to remove the resolution from the table resulted as follows:
Carried Unanimously
Discussion followed on the floor.
A vote on the Recycling Feasibility Study resolution resulted as
follows:
Ayes (3) - Lytel, Cummings, Hoffman
Nays (7) - Booth, Dennis, Haine, Killeen, Peterson, Romanowski,
Schlather
Motion Defeated
Resolution
By Alderperson Dennis: Seconded by Alderperson Killeen
WHEREAS, the economic, environmental and energy costs and problems
associated with the disposal of municipal solid waste have become
increasingly severe, and
WHEREAS, the Common Council is committed to attempting to reduce the
volume of materials that must be disposed of through the promotion of
recycling, and
WHEREAS, the Council wishes to improve the effectiveness of the Ithaca
Recycles pioji -am; now, therefore be it
420 -12- July 2, 1986
RESOLVED, That $13,700 be transferred from Restricted Contingency,
Account A1990, to Refuse and Garbage, Account A8160 -435, for the
purpose of continuing the present Ithaca Recycles program through the
renewal of contracts with Ithaca Scrap Processors, for collection,
and with Lynn Leopold, for education, from July 1 through December 31,
1986, and be it further
=_
F. 71 I:uat an additional $1,200 be transferred from Unrestricted
Contingency, Account A1990, to Refuse and Garbage, Account A8160 -4359
to supplement the contract of Lynn Leopold; said funds shall be used
to compensate Lynn Leopold for spending up to 120 hours (at $7.00 /hour
in the research of costs, markets, equipment and operational technique)
needed for municipal collection and marketing of recycled materials in
the City of Ithaca. Also included shall be $360 for said contractor s
travel, telephone, postage, printing and miscellaneous expenses, said
contractor shall present a written report and recommendation to the
Board of Public Works and the Common Council by September 1, 1986.
Alderperson Romanowski requested the record show that he is opposing
the resolution because he is opposed to continuing the contract to the
end of the year for the scrap processor. He believes there is a vital
need for research of the market, equipment, costs and whatever else is
involved, but lie doesn't believe the existing program is working as well
as it should and can't see putting more money into it. lie said if the
c i t�- doesn't get after the problem very soon, it wi_11 really be o� %e7
wliel;iiled by it.
A vote on the resolution resulted as follows:
Ayes (9) -
Nay (1) -
Booth, Dennis, Haine, Killeen,
Cummings, Hoffman, Schlather
Romanowski
Carried
Peterson, Lytel,
Standardization of Police Department Computer
Y
B Alderperson Dennis: Seconded by Ai— u�rerson Lytel
WHEREAS, the Ithaca Police Department has attempted computerization
of its operations, and
WHEREAS, this operation has been carried out on a time- sharing basis
utilizing Hewlett Packard hardward and VOCOM custom developed soft-
ware, and
WHEREAS, it is in the best interest of the Ithaca Police Department
to own its own system and, more importantly, that it be Hewlett
Packard hardware and VOCOM software for reasons of economy, locally
available backup, and training already provided; now, therefore, be
it
RESOLVED, That the City of Ithaca does hereby standardize for Police
Department computer needs on Hewlett Packard hardware and VOCOM
software.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
REPORT OF SPECIAL COMMITTEES:
Alternate Side Parking Committee
Alderperson Killeen reporte teat the committee had met earlier in
the month in the Fall Creek Community School and has received informa-
tion from the public. Another meeting is being organized which will
be publicized.
EOC Committee
Alderperson Lytel reported that at a recent EOC Board meeting the
Board, by a vote of 8 -6, had authorized the agency to move to the
old hospital. fie said they have been looking for space for some time.
There have been some security and maintenance problems at their
present location; however, there is money in GIAC's proposed capital
improvements budget to take care of some of those problems. There
are other reasons why EOC would like to move: to consolidate its
���
operation -13- July 2, 19 ; to put its administration together with its warehouse•
and most important, it appears the county is responsible for paying
its rent. fie asked if the city is P Y� g
about the matter, g going to attempt to do anything
or if it is going to let these events transpire.
Discussion followed on the floor. Jeff True, First Ward representative
of T.C. Board of Representatives, responded to questions of the council.
Mayor Gutenberger directed City Atty. Nash to check the legal status
of the contract with the city, and said he will have Planning Depart-
ment set up a meeting between the EOC staff and board and the staff
and council of the city.
Resolution
By Alderperson Lytel: Seconded by Alderperson Killeen
RESOLVED, That the Planning staff is directed to set up a meeting
.between the City and the E.O.C. Corp, to discuss the EOC's possible
move to the old hospital building.
Carried Unanimously
Alderperson Schlather commented that the city staff should contact the
l.!. EOC staff immediately to work on the problem. Alderperson Cummin .
expressed the hope that the media would give better coverage to the
t, matter than they did to the DSS move to the old hospital so the Ithaca
residents IVIII know lvhat is going on.
ft4
-[41 Announcement of Meeting
£. Alderperson Cwnmings informed the council that the Housing and Nei hbor-
hood Study Technical Advisory Group will be meeting on Thursday, g
July 1.7, at 4:00 p.m. in the Central Fire Station and urged all who
can to attend.
Collegetown Project
Alderperson Dennis reported that he had that day attended the closing
of the Mack Travis portion of the Collegetown Project in New York
City. There is a groundbreaking ceremony scheduled for the following
day at 11:00 a.m.
Request for Salary Increases
Alderperson Cummings reported that two months before the BSA Committee
had received a request for salary increases for himself and staff
members from City Engineer Novelli. The B6A Committee referred the
request to the BPW with the request for response back in time for the
next B6A Committee meeting. She asked that the salary issue be taken
up at the next B6A Committee's meeting. She requested that it be
made a part of the record that this has been referred back to B6A
Committee for action.
Alderperson Dennis responded that the committee has received nothing
back from the BPW, and he has asked Personnel Administrator Best -Shaw
to formally request the same from the BPW. Basically, the committee
would like recommendation from the Board and the Supt. of Public Works.
Executive Session
By Al 'de fperson IT60tII Seconded by Alderperson Haine
RESOLVED, That the Council adjourn into Executive Session to discuss
a personnel matter.
Carried Unanimously
ADJOURNMI�NT:
Oe a motion the meeting adjourned into Executive Session at 11:25
p.m.
Ca11 i sta 1� . Paolaileli, City Clerk
�7o}in C . Guten erger, Mayo���
r -
CHAPTFR 23
TAXICABS
ARTICLE 1
DEFINITIONS
§ 23.1 Definitions
Unless otherwise expressly stated, or the context otherwise
requires, whenever used in the Chapter, the following words shall have the
following meaning:
1. "Street" shall mean and include any highway, street, alley, avenue,
court, bridge, lane or public highway or any other public way in the City
of Ithaca.
2. "Taxicab" shall mean and include any motor vehicle engaged in the
business of carrying persons for compensation, whether the same be
operated from a street stand, or subject to calls from a garage or radio
station, or otherwise operated for compensation, except vehicles subject
to the provisions of the Transportation Law, or used by undertakers in
carrying on their undertaking service.
3. "Taxicab driver's license" shall mean and include permission granted
by the City of Ithaca to any person to drive upon the streets of such city
by any licensed taxicab.
4.
"Taxicab
license" shall
mean and include permission granted by the
City
of Ithaca
to an}, person
to operate or keep for hire any taxicab in
such
city.
5.
"Taxicab
stand" shall mean
and include any place along side the curb
of a
street or
elsewhere which
is designated for the use of taxicabs.
6.
"Taxicab
driver" or "driver" shall mean any such person who drives
taxicabs, whether
such person
be the owner of such taxicab, or employed by
a taxicab owner
or operator.
7. "Operator" shall mean and include any person owning or having
(4000, control of the use of one or more taxicabs used for hire upon the streets
of the City of Ithaca, or engaged in the business of operating a taxicab.
8. "Owner" of a vehicle described herein is the person in whose name
the New York State license is issued pursuant to the Vehicle and Traffic
Law.
9. "Chief of Police" when used herein shall refer to the Chief of
Police or his or her designee.
23.1
MUNICIPAL CODE
10. "Same party" where used in the rate schedule shall refer to parties
together and with the same points of origin and destination.
ARTICLE II
TAXICAB DRIVERS
§ 2.3.21 Licensed required; qualifications
No person shall operate or drive a taxicab without having in force
and effect a taxicab driver's license in accordance with the provisions of
this Chapter. No person shall be issued a taxicab driver's license unless
such person:
1. Has a valid New York State chauffeur's license.
2. Is over the age of eighteen (18) years.
3. Is of sound mind and body, with good eyesight and not subject to any
infirmity of mind or body which renders the applicant incapable or unfit
to safely operate a taxicab for hire. Each applicant shall produce a
physician's certificate dated not more than thirty (30) days prior to the
application certifying that the applicant is physically qualified to
operate a motor vehicle.
4. Is clean in dress and person and not addicted to either intoxicating
liquor or to the use of drugs.
5. Shall not have been convicted of a felony involving violence,
dishonesty, deceit or indecency, nor any sexual. offense.
6. Shall not have been convicted of driving with ability impaired or
intoxicated due to alcohol or drugs while operating a taxicab.
7. Shall not have been convicted of leaving the scene of an accident
which resulted in personal injury or death for five years from the date of
the last conviction.
8. Shall not have been convicted, as a first offense, for any violation
of driving while ability impaired or intoxicated due to alcohol or drugs
for five years from the date of conviction.
9. Shall not have been convicted, as a second offense, for any violation
of driving while ability impaired or intoxicated due to alcohol or drugs.
23.2
0
TAXICABS
§ 23.22 Application for taxicab driver's license
A. Contents
Every applicant for a taxicab driver's license shall submit a signed
and sworn application upon such forms as shall_ be required by the Chief of
Police, showing compliance with the requirements hereinabove set forth and
such other information as shall be deemed necessary and reasonable by the
Chief of Police in the interest of safety, health and welfare. Such
information that is required by the Chief of Police shall include, but not
be limited to, a statement giving:
1. The full name and place of residence of the applicant.
2. The applicant's date of birth, height, color, color of eyes and hair,
and place of birth.
3. Whether or not the applicant is a citizen of the United States.
4. Places of employment for the previous five years.
S. Whether the applicant has ever been convicted of a felony or
misdemeanor. _
6. Whether the applicant's driver's license has ever been suspended or
revoked and, if so, for what cause.
7. The chauffeur's license number issued by the State.
Such statement shall be signed and sworn to by the applicant and
filed with the Chief of Police.
B. False information; effect and action thereon.
Any false statement by the applicant for a taxicab driver's license
shall be cause for refusing the license or revoking the license after it
is issued, and aay such false statement shall be promptly reported by the
Chief of Police to the District Attorney.
C. Photographs of drivers.
Each applicant for a taxicab driver's license must file with his or
her application two (2) unmounted, unretouched, good- likeness photographs
of the applicant, full face size two (2) inches by two (2) inches. The
face portion shall not be less that one and three- quarters (1 3/4) inches
high and the balance in normal prospective proportion. The photograph
shall be taken within thirty (30) days of the date of the application by
means of a permanent, non - fading process. The applicant shall be hatless
in the photograph. A copy of the photograph shall be filed with the
23.3
MUNICIPAL CODE
application and another copy attached to the license to be issued
hereunder.
D. Fingerprinting of drivers.
The applicant shall submit to fingerprinting by the Police
Department and furnish a set of fingerprints to accompany the application
which shall be kept on file as a permanent record.
E. Authorization for investigation.
Accompanying each application the applicant shall furnish to the
Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report
to the Chief of Police any matter which might otherwise be confidential
without limitation.
F. Investigation.
After receipt of an application, the ChiefIof Police shall institute
an investigation of the applicant, including the applicant's driving
record, and no license shall be issued under the provisions of this
Chapter until the Chief of Police has indicated, in writing, approval
thereof after such investigation has been completed.
G. Refusal of license.
If the results of the investigation are unsatisfactory, in the
opinion of the Chief of Police, the applicant shall be refused a license,
subject to the provisions hereof for hearings.
§ 23.23 Taxicab driver's license
A. Issuance; form and contents.
Upon the approval by the Chief of Police of the application for the
taxicab driver's license in accordance with the foregoing procedures, the
Chief of Police is authorized to issue a taxicab driver's license to the
applicant. The license shall be in a form to be prescribed by the Chief
of Police and shall contain thereon adequate identification, a photograph
and signature of the driver. The photograph shall be so attached to the
license that it cannot be removed and another photograph substituted
without detection. Each License shall be stamped by the seal_ of the City
23.4
J
0
TAXICABS
upon a portion of the photograph. All licenses shall be numbered in the
order in which they are issued, and shall contain the name of the licensee
and the expiration date of the license. A license shall be rendered
invalid if defaced, altered or obliterated in any way, or if any entry is
made thereon by other than the Chief of Police.
Such license shall be for a period to expire one year from the date
of issuance unless sooner suspended or revoked.
B. Display and use.
The
taxicab driver's
license shall be displayed by
the licensee at
all times
when driving or
operaLing or while in charge
of any taxicab.
The driver
shall not permit
the license to be used by any
other person.
C. Renewals.
Renewals shall be upon the same basis as a new application, provided
the application is filed not less than thirty (30) days, nor more thin
sixty (60) days, prior to the expiration of the current license on forms
supplied by the Chief of Police.
D. Fees for taxicab driver's applications and licenses.
Upon the filing of an application, as partial reimbursement to the
City for the cost of investigation and processing of the license, there
shall be paid ten ($10.00) upon the filing of an original application, and
five ($5.00) for the application for renewal of an existing license. Such
application fees will not be refunded in the event the application is
denied.
E. Replacement of lost licenses.
In the event that a license described in this Chapter has been lost,
destroyed or stolen, the Chief of Police shall cancel the particular
license number on the records of the department, and upon the payment of a
replacement fee of five ($5.00) issue a new license.
23. 5
rj
MUNICIPAL CODE
ARTICLE III
LICENSING OF TAXICABS
§ 23.31 Taxicab license required
It shall be unlawful for any person to use or keep for hire within
the City any taxicab without first having obtained with license
the therefor, and
having the same in force and effect in accordance of
this Chapter.
§ 23.32 Taxicab licensing procedure
A. Taxicab license application
Application for taxicab licenses shall be made by the owner on forms
to be furnished by the Chief of police. The completed application shall
contain:
1. Owner information. The name, date of birth, address, telephone
number, and record of all convictions of crime, if any, of (a) owners and
(b) managers having immediate charge of taxicabs and (c) beneficial
holders of 25% or more of stock of corporate applicants.
2. Prior license history of owner. Whether the owner has been
previously licensed to operate a taxicab in the City or elsewhere, and if
so, the particulars thereto.
3. Vehicle information. The make of motor vehicle, the year, engine and
body serial number, state registration number, length of time and mileage
the vehicle has been driven and the seating capacity according to its
trade rating.
4. Vehicle inspection. Proof of New York State inspection made within
thirty (30) days of license application shall be submitted by the
applicant. In addition, the Chief of Police shall inspect said vehicle
for safe and operable conditions pertinent to the transport of passengers.
Reinspection of said vehicles may be made from time to time at the
determination of the C100F of Police.
5. Vehicle type authorized. All taxicabs shall be of vehicle types
approved by the New York State Department of Motor Vehicles for use as a
taxicab.
L- .. -
TAXICABS
6. Vehicle Liability Insurance. Proof of liability insurance in the
minimum amount of $100,000 per person, $300,000 per accident.
B. Investigation.
After receipt of an application, the Chief of Police shall institute
an investigation of the applicant, including the applicant's driving
record, and no license shall be issued under the provisions of this
Chapter until the Chief of Police has indicated, in writing, approval
thereof after such investigation has been completed.
C. Issuance of license.
Upon completion of the investigation aforesaid, the Chief of Police
is authorized to issue a taxicab license upon determining:
1. That there are no false statements or concealed facts in the
application.
2. That all application requirements have bee m.satisfied; and
3. That there are no other grounds for refusal. In this regard, the
license may be refused for any reason which, in the opinion of the Chief=
of Police, may be detrimental to the best interest of the general public
both in welfare and safety, provided that in the making of such
determination the Chief of Police shall set forth specific reasons for
such disapproval. Such findings shall be subject to hearings as provided
by this Chapter.
Such license shall be for a period of twelve months from the date of
issuance unless sooner revoked.
D. Renewals of taxicab license.
The same procedures shall be followed as for the original
Q0,11 applications. Every person to whom an owner's license is issued shall
have the right to renew said license within thirty (30) days of the
expiration date, provided the other requirements of this Chapter are
complied with.
23.7
MUNICIPAL CODE
E. Taxicab license fees.
A fee of twenty -five dollars ($25.00) per vehicle per twelve (12)
calendar months from date of issuance shall be levied, payable upon
application. No reimbursement shall be made in the event of disapproval.
In the event a licensed vehicle is removed from service and a
substitute vehicle meets all other requirements of this Chapter, a vehicle
substitution license may be issued by the Chief of Police for a fee of
five dollars ($5.00). The term of this substitute vehicle license will
coincide with that of the original taxicab license.
F. Substitution of owner.
No taxicab license is assignable from one person, company or
corporation to another person or entity.
G. Temporary Taxicab Licenses.
Notwithstanding the foregoing, any holder of an existing taxicab
license may be issued 30 day temporary licenses for leased or owned
taxicabs, provided that these taxicabs are otherwise in compliance with
§ 23.32 (A)(3)(4)(5) and (6) above. The fee for each temporary license
shall be $25.00.
§ 23.33 Suspension, revocation of taxicab license
A. Grounds.
A taxicab license may be revoked or suspended at any time at the
discretion of the Chief of Police if the vehicle is used for criminal
business or purposes, or if the licensed owner is convicted of a violation
of this Chapter.
B. Surrender of license.
Whenever any taxicab license is revoked, the same shall be
surrendered to the Chief of Police. If a taxicab license is suspended,
the same shall be surrendered to the Chief of Police and retained by him
or her until the suspension period expires.
C. Automatic revocation.
In the event any person to whom a taxicab license is issued has such
license suspended on three (3) occasions, such owner's license shall be
revoked.
23.8
I F__' �
0
TAXICABS
ARTICLE IV
GENERAL PROVISIONS
5 23.41 Operating regulations
A. Drivers' rules.
Every person operating a taxicab for business purposes licensed
pursuant to this Chapter shall:
1. Non- discrimination. Not refuse or neglect to convey any orderly
person upon request in the City unless previously engaged or unable or
forbidden by the provisions hereof so to do.
2. multiple passengers. Not carry- any other person than the first
person employing the taxicab unless the person first employing the taxicab
shall not object to the acceptance of each additional. passenger..
3. Trip records. Keep a written record in ink of all trips on a form
approved by the Chief of Police. Entries on such forms shall be made as
each trip is completed.
4. Lost articles. Examine the interior of the vehicle after the
termination of each trip for any articles left or lost in the vehicle;
immediately take such property to the desk officer at the Police
Department, in compliance with Article 7 -B of the Personal Property Law.
S. Accident reports. Report all accidents as required by the Vehicle
and Traffic Law to the Police Department. The Chief of Police may require
that a taxicab be reinspected prior to its return to service.
6. Change of residence. Report each change of residence within ten
(10) days after such change to the Chief of Police.
7. Smoking or drinking on duty. Not smoke while the vehicle is
carrying passengers, unless smoking :is permitted by the passenger; not
drink alcoholic beverages during any tour or shift of duty.
8. Rate cards for passengers. At all times while on duty have
available in the taxicab a supply of rate cards issued pursuant to this
Chapter, which rate card shall be furnished to any passenger requesting
23.9
MUNICIPAL CODE
same, and be displayed in a place designated by the Chief of Police.
9. Work schedule. Not operate any vehicle:
a. For longer than twelve (12) hours of any twenty -four
(24) hour period, or
b. For longer than twelve (12) hours in any one tour or
shift of duty, or
C. With less than eight (8) hours relief from duty after
working twelve (12) hours of the twenty -four (24)
hour period preceding the commencement of such relief
from duty.
10. Examination and testing. Submit upon reasonable notice at the
request of the Chief of Police to a physical examination during any
license year, to be conducted by a City appointed physician, at City
expense, and to submit to the taking of a practical test, to demonstrate
capacity to operate a taxicab, which test shall be supervised by the Chief
of Police.
11. Cooperation with police. Not conceal any evidence of crime, nor
voluntarily aid violators to escape arrest. A driver shall report as soon
as possible to the police any unlawful act connected with his or her
vehicle or any attempt to use that vehicle to commit a crime or escape
from the scene of a crime.
12. Receipts to passengers. Upon request of a passenger, issue a
receipt for fares paid by the passenger.
13. Non- paying passengers. Not permit any passengers in a taxicab
except a paying fare passenger during such time as the taxi_ is being used
for business purposes or is being made available for the carrying of
paying passengers.
14. Locked doors. Not operate a taxicab in which the doors in each
compartment cannot be unlocked from the inside.
B. Duties of owner.
The owner of every vehicle licensed under the provisions of this
Chapter shall:
1. Vehicle cleanliness. Maintain the interior and exterior of the
23.10
J
ptr
L
TAXICABS
taxicab in a clean and sanitary condition.
2. Safety inspection. Inspect the vehicle and its equipment at least
daily, and make such repairs as may be required by the condition of the
vehicle, and not allow any vehicle to be operated until repairs are made
to maintain safety of passengers and the public in general.
3. Authorized driver employees. Employ only drivers who present and
have with them during the time of employment a currently valid City of
Ithaca taxi driver's license.
4. Work Shift .limitation. Prohibit any taxi driver from operating any
vehicle:
a. For longer than twelve (12) hours of any twenty -four
(24) hour period, or
b. For longer than twelve (12) hours in any one tour
or shift of duty, or
C. With less than eight (8) hours relief from duty
after working twelve (12) hours of the twenty -four (24)
hour period preceding the comencement: of such relief
from duty.
S. Report on driver. Report any driver to the Chief of Police who
would, in the opinion of the owner, not be qualified to hold a driver':;
license, stating the reason therefor.
6. Municipal. inspections. Submit vehicles for inspection whenever
required by the Chief of Police.
7. Rate cards for passengers. Maintain a supply of City taxicab rate
cards to be furnished to drivers in his or her employ in sufficient
quantities so that the driver of a taxicab may be able to deliver a rate
card to each passenger that requests same.
8. Operation records. Provide each driver with a manifest and require
the following entries to be recorded thereon in ink during the course of
daily operation:
a. The make, year and vehicle registration number.
b. The name of the driver.
c. The time the vehicle commenced operation.
d. A record of all trips made in chronological order
23.11
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L0,11-
Lq-
TAXICABS
§ 23.42 Rates
A. Taxicab zones and rates.
The City of Ithaca is hereby divided into zones as shown on a map
and schedule entitled, "Taxicab zones and rates City of Ithaca," which
said map and schedule appended herewith are hereby declared to be a part
of this Chapter. Except as provided in § B. below, the prices that may be
charged by the owners or drivers of taxicabs for the transportation of
passengers, within the City, shall not exceed the amounts shown on said
map and schedule under the heading, "Zone charges - one passenger," or for
additional passengers, all as shown on said schedule. The following
notice shall be conspicuously posted in full view of passengers: "Rate
maps and schedules for fares in the City of Ithaca, together with the full
text of the City's rate law, are available upon request from the driver of
this taxicab, according to City ordinance."
B. Rate Rules
1. Zone line rates. When the destination of the taxicab is the dividing
line between two zones, the fare for the lesser zone will be charged.
2. Children. One child five (5) years of age or under shall ride free
if accompanied by an adult passenger. No driver shall be required to
convey any child under the age of five (5) years unaccompanied by na
adult.
3. Baggage. No charge will be made for two (2) suitcases, no larger
than two (2) feet by two (2) feet by six (6) inches in size, and one (1)
travel bag for each passenger. A charge of $1.00 for each oversized or
additional piece of luggage under twenty -five (25) pounds shall be
authorized. A charge of $5.00 for footlockers, or luggage over twenty -
five (25) pounds shall be authorized. Each passenger shall be allowed to
carry up to three (3) grocery bags at no charge. A charge of $.50 for
each additional - rocery bag shall be authorized.
4. Skis. A charge of $2.50 per pair of skis is authorized, provided
taxicab is equipped with suitable racks.
5. Tip solicitation. No driver shall solicit tips, gratuities, or any
additional charges other than those authorized by this Chapter. However,
non - solicited voluntary tipping is permitted.
6. Out -of -town flat rates. If the taxicab is engaged for an out -of -town
trip originating or terminating in the City of Ithaca, the taxicab driver
shall agree with the passenger prior to the commencement of the trip for
the rate to be charged, which shall include all tolls required to be paid.
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MUNICIPAL CODE
7. Illegal competition. It is prohibited to charge rates other than the
ones specified in this Chapter, except for the following services
provided at the taxi cab owner's discretion: discounts for senior citizens
and handicapped persons, trips reserved a minimum of 24 hours in advance,
and taxi cabs chartered at an hourly rate.
8. Prepayment. A taxicab driver shall have the right to demand payment
of the legal fare in advance, and may refuse employment unless so prepaid.
9., Group rides. No taxicab driver shall carry any person other than the
passenger first employing the taxicab without consent of such passenger.
10. Waiting time. After a person has hired a taxicab, the taxicab driver
may charge the passenger for any time during which the taxicab waits for
the passenger at the passenger's request. The taxicab driver shall inform
the passenger of the charge for waiting time at the time of request.
11. Disputed fares. In the event that there is a dispute between the
taxicab driver and a passenger with respect to a fare, the taxicab driver
shall submit the dispute to the desk officer in charge at police
headquarters. If the passenger then makes the payment according to the
amount determined by said police officer, the passenger shall be given a
receipt by the taxicab driver of the amount paid_, which shall be witnessed
by the police officer. If the passenger pays under protest such fact
shall be recorded by the desk officer who shall make a memorandum of the
dispute, and the disposition made. The disposition of the dispute shall
not be binding in a court.
C. Petitions. Any person may petition Common Council at any time
to modify the rates and rate rules set forth herein.
§ 23.43 Taxicab stands
A. Generally.
It shall be unlawful for any taxicab not licensed to operate in the
City of Ithaca pursuant to this Chapter to occupy any portion of a taxicab
stand in the City of Ithaca. No taxicab shall stand within ten (10) feet
of any crosswalk, or remain unattended at any taxicab stand.
B. Number and location.
The City Traffic Engineer and the Chief of Police shall designate
the location of taxicab stands in the City using metal signs. They shall
specify whether or not the stands are for the exclusive use by tax=icabs.
23.14
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TAXICABS
§ 23.44 Suspension, revocation and refusal to renew or issue a
license.
A. Reasons
The Chief of Police may suspend, cancel or revoke a taxicab driver's
or taxicab license and ,_ma refuse to approve an application or a renewal
thereof
._for any of the fallowing reasons:
1. Violations. The applicant or licensee has not satisfied or has
violated any of 'the provisions of this Chapter.
2. Prior revocation or suspension. The applicant, any officer,
director, stockholder, or--partner or any other person directly or.
indirectly interested in the application for a taxicab license was the
former holder, or was an officer, director, partner, or stockholder in a
corporation or a partnership which was the former holder of a taxicab
license which had been revoked or suspended.
3. Unfit applicant or licensee. The Chief of Police finds the applicant
or licensee not fit to be a licensee in the best interest of the public
welfare and safety.
B. Hearing
Any taxicab driver or taxicab owner whose license has been
suspended, revoked or renewal refused, or any individual to whom an
initial license has been refused, shall be granted a hearing before the
Community Police Board within thirty days after written request therefore
has been made to the Chief of Police. At the hearing such person shall
have an opportunity to rebut by evidence or testimony such suspension,
revocation, or refusal. The Community Police Board is authorized to
affirm, reverse or modify in any respect the action of the Chief of
Police.
§ 23.45 Penalties
Any violation of any provision of this Chapter shall be punishable
as provided in Sect. 1.10 of Chapter 1 entitled "General Provisions" of
this Municipal code.
Authority: Gen City 1, Sect. 20(13), (22).
Gen Mun L Sect. 181.
ScCTION 2. EFFECTIVE DATE.
This ordinance shall take effect August 1, 1986 and in accordance with law upon;
publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter';
23.15