HomeMy WebLinkAboutMN-CC-2005-05-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. May 4, 2005
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Asst. Chief - Parsons
EXCUSED:
Alderperson Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Mayor Peterson requested the addition of item 14.3 – Executive Session to Discuss
Collective Bargaining.
No Council Member objected
Individual Member – Filed Resolution:
Mayor Peterson requested the addition of item 15.1 – Endorsing the US Mayors’
Climate Protection Agreement.
No Council Member objected
PROCLAMATIONS/AWARDS:
2005 Quarterly Recognition Awards:
Mayor Peterson presented Nancy Bower from the Ithaca Youth Bureau with the
Individual award, for her coverage of the front office at the Youth Bureau during
vacancies, and the long hours she put in including weekends to see that the work that
needed to be done was completed.
Mayor Peterson also presented Evadene Truax and Chris Irvin, from Streets and
Facilities with the Team award for the special fund they created with contributions from
DPW employees for sympathy cards, meals for families in crisis, the holiday party for
DPW families, and letters from Santa for the children. These thoughtful gestures have a
very positive effect on employee morale.
Proclamations:
Mayor Peterson presented the following proclamations:
May 2005 – National Historic Preservation Month
May 2005 – Asian American Heritage Month
June 1, 2005 – Ithaca High School Orchestra Day in the City of Ithaca
May 7, 2005 – Suicide Prevention Day
May 7-14, 2005 – Suicide Prevention Week
May 2005 – Childhood Depression Awareness Month and Mental Health Awareness
Month
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SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislature:
Nancy Schuler, 4th District Representative addressed Common Council with the
following items:
County Legislators from the - 1st, 3rd, and 4th districts have conducted work sessions
with members of Common Council to discuss issues of mutual interest.
- Southwest Development – Request to consider the County Comprehensive Plan when
discussing plans for future development.
- Northwest Airlines has begun operating out of the Ithaca Tompkins Regional Airport.
- Emergency Communication System – the county is looking at 10 sites that would
cover Tompkins County and improve reliability by 65-95%.
- There have been three public hearings on assessment exemptions for Historic Barns
and Major Improvements with disability/medical/senior exemptions
- Tompkins County prescription plan, 1,010 prescriptions were filled within a two-month
period; a three-month savings of $32,357 was realized with an average savings $14.90
per prescription.
- County has approved funding for upcoming community celebrations: Juneteenth,
National Night Out, and IPD Open House
- National Drinking Water Week – taste test on Saturday, May 7, 2005 at the Farmers’
Market.
Alderperson Townsend thanked Ms. Schuler for her years of service to the 4th Ward and
for the support and assistance she has offered.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Newfield, restaurant opportunities in the SW area and college
block parties.
Ken Deschere, City of Ithaca, Site proposed resolution
Donald Lifton, City of Ithaca, revenue side of City operating budget. The Cornell
University/City Memorandum Of Understanding (MOU) needs another review and
update.
Guy Gerard, City of Ithaca, Emerson Power Transmission environmental concerns;
Therm history of spills
Neil Oolie, City of Ithaca, TCAT fares, parking structure issues and cost. Proposed free
bus fares and cost benefit analysis.
Joyce Muchan, City of Ithaca, Emerson Power Transmission proposed resolution and
thanked Council for action on this item in short period of time.
Fay Gougakis, City of Ithaca, Cornell University/City MOU, traffic concerns: aggressive
driving, speed bumps, speed limits, and community partnerships.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Whitmore thanked Mr. Oolie for comments regarding TCAT ridership.
There has been a drop in ridership for cash fares, but not in bus pass fares. Future
ideas include free ridership.
Alderperson Mackesey recognized the Ithaca Police Department for its efforts on
Prospect Street during Ithaca College’s last day of classes. The South Hill residents are
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grateful. She also thanked the South Hill residents for their efforts in the Emerson
hazardous materials issue.
Alderperson Zumoff thanked Mr. Lifton for his comments on the Cornell/City MOU and
encouraged an Ithaca College contract as well. He further responded to comments
made about downtown entertainment opportunities. Alderperson Zumoff noted that
there was a retirement party for Marge Dill, Human Services Coalition Executive
Director, and thanked her for her years of service to the community. He further noted
that the Ithaca Farmers’ Market has increased its hours.
Alderperson Coles stated that the Emerson resolution has been a true community
undertaking and thanked the speakers for sharing their experiences. She stated that
alcohol consumption at end of the year parties with students causes damage to health
and impaired judgment. She thanked the Ithaca Police Department for their patience,
kindness, and resolve in handling Ithaca College’s last day of classes. She further
stated that the work sessions with Tompkins County legislators has improved
communications.
Alderperson Taylor stated that the Cornell University/City Working Groupwould be an
appropriate venue for discussing Cornell contributions. He further stated that Ithaca
College does not reimburse police overtime expenses, whereas Cornell University does
reimburse for services rendered.
Alderperson Berry thanked Alderpersons Mackesey and Coles, and Mayor Peterson for
their work on the Emerson and Prospect Street projects and stated that it is a true
collaboration between neighborhood and government. She further stated that there had
been an incident of a bike being stolen on Yates Street and informed everyone that
Ithaca Police Department has a bike registry so that when lost items are recovered they
can be returned to their owners. She also commented on an incident she witnessed of
young people fighting in the street, and voiced safety concerns. She thanked her
colleagues for their work with young people.
CONSENT AGENDA ITEMS:
City Administration Committee:
Request to Amend 2005 Budget for Criminal Justice Service Grant - Resolution
By Alderperson Cogan: Seconded by Alderperson Coles
WHEREAS, the Ithaca Police Department has received a notice of award for a State of
New York Division of Criminal Justice Service (DCJS) Grant for the amount of $23,102,
and
WHEREAS, the grant funds will be used to purchase one Livescan Mugshot System
and associated software to assist the Records Division of the Ithaca Police Department;
now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2005 Budget
Amendment in the amount not to exceed $23,102 for the purposes of accepting said
DCJS Grant:
Increase Revenue Account:
A3120-4389-5001 Federal Aid $23,102.00
Increase Appropriation Account:
A3120-5225-5001 Other Equipment $23,102.00
Carried Unanimously
Authorization to Execute Addendum to Farmers’ Market Lease - Resolution
By Alderperson Cogan: Seconded by Alderperson Coles
WHEREAS, the Ithaca Farmers’ Market Cooperative, Inc. (”Farmers Market”) leases the
Steamboat Landing site from the City of Ithaca for operation of the Ithaca Farmers’
Market through a lease agreement that extends through December 31, 2008, and
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WHEREAS, the Farmers’ Market seeks to extend the hours of operations by one hour
on Saturdays and Sundays to 3 PM to reduce peak time traffic congestion and respond
to shopper demand for later hours, and
WHEREAS, the lease provides for payment of rent for the leased premises based on
each five-hour period of use or any portion thereof, and
WHEREAS, extending hours of operation on Saturdays for one hour will exceed the
five-hour period on Saturdays resulting in a substantially increased rent, and
WHEREAS, the Farmers’ Market seeks an addendum to the lease to waive additional
rental fees for the one-hour extension of operations, and
WHEREAS, Common Council recognizes that traffic generated by visitors to the Ithaca
Farmers’ Market contributes to significant traffic congestion at the intersection of Rt. 13
and Third Street on Saturdays, and
WHEREAS, the Farmers’ Market has beautified and enhanced the Steamboat Landing
site for passive recreation use open to the public and provides opportunities for many
locally-owned micro-enterprise businesses to succeed, now therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor to execute an
addendum to the Ithaca Farmers’ Market Lease waiving the additional rental fees due
for the extension of operations of the Farmers Market from a five-hour period to a six-
hour period on Saturdays.
Carried Unanimously
COMMUNITY SERVICES COMMITTEE:
TCAT Collective Bargaining – Report
Alderperson Whitmore reported that the collective bargaining process continues; 9
items have been approved with many articles that still need to be considered, but they
are making positive headway. On May 8, 2005, the Union had a “strike vote” which
authorized the union negotiating committee to call for a strike if the bargaining process
is not moving forward. This may increase the media presence of the union negotiating
team.
GOVERNANCE COMMITTEE:
A Local Law to Amend Section 181-23 of the City of Ithaca Municipal Code
Entitled “Issuance of Appearance Tickets”
By Alderperson Mackesey: Seconded By Alderperson Whitmore
WHEREAS, pursuant to Section 181-7(C) the Chief of the Fire Department and his/her
designees were authorized to issue appearance tickets related to fire prevention and/or
safety, but said provision did not specifically authorize the issuance of appearance
tickets for fire related parking violations, and
WHEREAS, pursuant to Local Law No. 2 of 2001 adopted on January 3, 2001, the City
of Ithaca Common Council granted the Chief of the Fire Department and certain
designated staff of the Fire Department of the City of Ithaca authority to issue
appearance tickets to enforce any statute, local law, or ordinance, rule, or regulation
with regard to parking violations related to fire prevention and/or safety, and
WHEREAS, the above referenced Local Law added a new Section 181-23 to the City of
Ithaca Municipal Code, and
WHEREAS, the City of Ithaca Common Council is now in the process of revising
Chapter 181 of the City of Ithaca Municipal Code to comply with State legislation that
now supersedes any local fire codes but authorizes municipalities to adopt provisions
related to enforcement and administration of the Fire Code of New York State, and
WHEREAS, the Common Council wishes to consolidate the above provisions under one
addressing the issuance of all appearance tickets by the Fire Department, now
therefore
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LOCAL LAW NO. _____ OF 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 181-23 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 181-23. Issuance of appearance tickets.
The Chief of the Fire Department, the Deputy Chief, and other Fire Department
personnel designated by the Chief of the Fire Department shall have the authority, as
provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in
accordance with Article 150 of the New York State Criminal Procedure Law, to enforce
any statute, local law, or ordinance, rule, or regulation with regard to fire prevention
and/or safety and shall also have the authority to issue appearance tickets for any
parking violations related to fire prevention, public health and/or safety.
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of State as
provided by Law.
Carried Unanimously
A Local Law to Amend Section C-33 of the City of Ithaca Charter Entitled “Acting
Mayor; Alternate Acting Mayor”
By Alderperson Mackesey: Seconded by Alderperson Zumoff
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-33.A of the Ithaca City Charter is hereby amended to read as follows:
Section C-33. Acting Mayor; Alternate Acting Mayor.
A. In case the Mayor shall be unable to perform the duties of the
Mayor's office in consequence of sickness or absence from the city or if there shall be a
vacancy in the office, at the first meeting in each year or as soon thereafter as may be
practicable, the Common Council shall appoint [by ballot] one of its members to preside
at the meetings, and the presiding officer thus chosen shall be vested with all the
powers and perform all the duties of the Mayor of the city, except as provided in § C-
33A(1), until the Mayor shall resume the duties of the office or the vacancy shall be filled
for the unexpired term by election according to law. The officer so appointed shall be
styled "Acting Mayor" and shall sign all necessary papers with his/her name, adding
thereto the words "Acting Mayor."
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
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A Local Law to Section C-5C(2) of the City of Ithaca Charter Entitled “Officers who
serve at the pleasure of the Mayor.”
This item was withdrawn from the agenda.
A Local Law to Amend Section C-18 of the City of Ithaca Charter Entitled
“Municipal Surgeon.”
By Alderperson Mackesey: Seconded by Alderperson Tomlan
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-18 entitled "Municipal Surgeon" is hereby repealed in its entirety.
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon
approval by electors of the City of Ithaca at the general election to be held on November
8, 2005, and its filing in the office of the Secretary of State.
Carried Unanimously
A Local Law to Amend Section C-58.J of the City of Ithaca Charter Entitled “City
Clerk to Act as Secretary to Board of Public Works.”
By Alderperson Mackesey: Seconded by Alderperson Taylor
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-58.J of the Ithaca City Charter is hereby amended to read as follows:
Section C-58.J City Clerk or designee to act as secretary; open meetings.
The City Clerk or his or her designee shall act as secretary of the Board of Public Works
and keep a record of all meetings. The meetings of the Board shall be open to the
public[, except when, in the judgment of the Board, the public interest requires executive
session.] in accordance with the Public Officers Law.
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
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A Local to Amend Section C-94 of the City of Ithaca Charter Entitled
“Membership, terms and compensation of Board.”
By Alderperson Mackesey: Seconded by Alderperson Taylor
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-94 of the Ithaca City Charter is hereby amended to read as follows:
Section C-94 Membership, terms and compensation of Board.
There shall be a Board of Fire Commissioners, consisting of five Commissioners
appointed by the Mayor and confirmed by the Common Council. At least three of these
Commissioners shall be residents of the City of Ithaca. The remaining Fire
Commissioners may be residents of either the City of Ithaca or the Town of Ithaca in
Tompkins County, New York. The term of office of a Fire Commissioner shall be three
years, commencing on the first day of July, two commissioners to be appointed in each
of two successive years and one commissioner to be appointed in the third year. Such
appointments shall be made at a meeting of the Common Council held in June of each
year. A Commissioner shall hold office until the Commissioner's successor shall have
been chosen and qualified. A vacancy for an unexpired term may be filled in the manner
provided in this Charter. Permanent removal from the municipality of appointment, or
other cause to be determined by the Common Council, rendering impossible the proper
discharge of the Commissioner's duties as a Commissioner shall create a vacancy. [The
Commissioners now in office shall continue until the expiration of the term for which
they were respectively appointed.]
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
A Local Law to Amend Section C-24B of the City of Ithaca Charter Entitled
“Licensing Power.”
By Alderperson Mackesey: Seconded by Alderperson Whitmore
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-24.B of the Ithaca City Charter is hereby amended to read as follows:
Section C-24.B Licensing power. Said Board shall be empowered [, upon
written examination, to license persons engaged in carrying on or conducting the
business of employing or master electrician or those] to examine, license and regulate
master and special electricians and others engaging or contracting in electrical work for
hire in the City of Ithaca.
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
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Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
A Local Law to Section C-5C of the City of Ithaca Charter Entitled “Appointed
Officers of the City”
By Alderperson Mackesey: Seconded by Alderperson Zumoff
LOCAL LAW NO._____- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section C-5.C of the Ithaca City Charter is hereby amended to read as follows:
Section C-5.C The appointed officers of the city shall be:
(1) Members of boards, councils and commissions: the six
Commissioners of the Board of Public Works, [the five members of
the Advisory Commission on Art and Design for Public Space], the
10 members of the [Affirmative Action Committee] Workforce
Diversity Advisory Committee, the [seven] eleven members of the
Bicycle Pedestrian Advisory Council, the three members of the
Building Code Board of Appeals, the five Commissioners of the
Board of Fire Commissioners, the five members of the Board of
Zoning Appeals, [the five members of the Cable Commission, the
three members of the Circle Greenway,] the three members of the
Civil Service Commission, the [eight] eleven members of the
Commons Advisory Board, the [seven] nine members of the
Community Police Board, the nine members of the Conservation
Advisory Council, the five members of the Design Review Board,
the [12] twelve members of the Disability Advisory Council, [the 11
members of the Energy Commission,] the [four] three members of
the Examining Board of Electricians, the [four] three members of
the Examining Board of Plumbers, the five members of the Housing
Board of Review, the [seven] five members of the Ithaca Housing
Authority, the seven members of the Ithaca Landmarks
Preservation Commission, the five members of the Ithaca Urban
Renewal Agency, [the 12 members of the Citizens Advisory
Committee,] the nine members of the Parks Commission, the seven
members of the Planning and Development Board, the nine
members of the Rental Housing Advisory Commission, the [eight]
six or more members of the Shade Tree Advisory Committee, [the
nine members of the Six Mile Creek Advisory Committee] the ten
members of the Natural Areas Commission, the five members of
Pegasys Access Oversight Committee, the seven members of the
Public Art Commission, and the nine members of the Youth Bureau
[Advisory Council] Board, all of whom shall be appointed by the
Mayor in accordance with the provisions of the Charter or the
ordinances or resolutions which create such boards, commissions
or councils.
Section 2. Severability Clause. Severability is intended throughout and within the
provisions of this local law. If any section, subsection, sentence, clause, phrase, or
portion of this local law 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
local law.
Section 3. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
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An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code Entitled
“Fire Prevention”
By Alderperson Mackesey: Seconded by Alderperson Coles
WHEREAS the State enacted legislation titled the “Uniform Fire Prevention and Building
Code of New York State” effective January 1, 2003, to be applicable throughout the
State of New York, including in the City of Ithaca, and
WHEREAS the said Uniform Code comprises several sub-units including the Fire Code
of New York State, and the Property Maintenance Code of New York State, and
WHEREAS although the task of developing and promulgating the Uniform Code is a
State responsibility, and municipalities no longer have authority to enact substantive
provisions related to fire safety and prevention, New York Executive law § 381 directs
that cities, towns and villages of the State shall be responsible for enforcing the Fire
Code of New York State, and
WHEREAS in view of these developments the City of Ithaca Common Council wishes to
amend the portions of Chapter 181 of the City of Ithaca Municipal Code entitled “Fire
Prevention” which previously established a Fire Code for the City of Ithaca in order to
make the said Chapter consistent with State Law, and to provide for enforcement of the
Fire Code of New York State, now, therefore
ORDINANCE NO. _______ -2005
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Chapter 181 of the City of Ithaca Municipal Code entitled “Fire Prevention” is hereby
amended to read as follows:
Chapter 181, FIRE PREVENTION
ARTICLE I, Firesafety
§ 181-1. Blockading at fires or other emergencies.
The official in charge at any fire or emergency scene may, when deemed necessary by
him/her, blockade any street or part of a street or other place at or near a fire or
emergency scene so as to secure the safety of the personnel and apparatus, and no
person shall break through or attempt to break through such blockade.
§ 181-2. Injury Damage to fire apparatus prohibited.
No person shall enter any place where any fire implements or apparatus may be with
intent to injure damage the same or shall willfully injure damage any such implements or
apparatus or shall remove any portion thereof or shall willfully do any damage to any
engine-house or other place where the apparatus is or may be stored or to any fixture,
articles of furniture or ornament in or about any such house or place.
§ 181-3. Fire alarms.
A. Tampering prohibited. No person shall meddle or in any manner touch or
interfere with the fire alarm wires or boxes of the City, except on proper occasion to
given an alarm of fire; nor shall any person place any obstruction or suffer or permit any
pole, tree, building or other obstruction to fall upon or against any fire alarm box or wire
in the City.
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B. False alarms.
(1) No person shall intentionally give or cause to be given a false alarm of fire
(2) No person shall engage in deliberate or careless conduct which shall result in a
false alarm of fire to be transmitted in any fashion.
(a) Construction/maintenance activities. No person, who will perform maintenance,
construction, cleaning, or other such activities which are likely to activate a fire detection
or fire suppression system device in a building protected by a fire detection or
suppression system, shall initiate any such activities until such time as they have
determined that the fire detection or fire suppression system has been properly
protected against inadvertent activation of such system. Protective measures include,
but are not limited to, device and/or zone isolation, or system isolation. When any
question exists as to whether or not such system has been properly isolated, the Fire
Department shall be consulted prior to any such work commencing.
C. Fees for master box connections to municipal fire alarm system.
(1) An annual fee shall be assessed to each premises, which has a master fire alarm
box, which interconnects the building fire alarm system with the municipal fire alarm
system. This fee shall be the reasonable and expected costs associated with the
maintenance of the municipal fire alarm system, as developed through the program
budget accounting system. This cost will be divided by the number of master fire alarm
boxes connected to the system, as documented by the Fire Chief. The fee for a master
box connection shall be calculated each year and approved by the Board of Fire
Commissioners. Upon approval, the Fire Chief shall send notices of such charge and
the locations of each master box to the City Chamberlain, but not sooner than March 1
of each year.
(2) The property owner shall be billed for the annual fee as established in
Subsection C(1) above. This fee shall be paid to the City Chamberlain within 30 days of
the billing date. If the required fee is not paid within 30 days of the billing date, the City
Chamberlain shall enter the same as a lien against the premises as provided in § C-54
of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next
assessment roll of general city taxes and shall collect and enforce the assessment in
the same manner and by the same proceedings, at the same time and with the same
penalty as the general city tax and as part thereof, except that, in addition to the
penalties provided for in the aforementioned provisions, interest shall accrue from the
date of billing to the date of actual payment at 12% per annum or $3 per month,
whichever is greater.
§ 181-4. Fire service outside city.
A. Authority. Pursuant to the provisions of § 209 of the General Municipal Law, the
Fire Department of the city is hereby authorized and permitted to go to the aid of
another city, village, town, fire district, fire protection district, fire alarm district or other
territory outside said city.
B. Conditions. The Chief of the Fire Department or, in the Chief's absence, the
person in charge thereof is hereby authorized to extend such aid under the following
conditions and restrictions:
(1) Such aid shall not be given to such an extent or under such circumstances as to
unreasonably or dangerously impair the adequacy of said Fire Department for the
extinguishment of fires within the city.
(2) Said Chief, in connection with each call for outside assistance, shall prepare a
claim for all loss, damage to apparatus or other equipment, expenses incurred in the
operation of apparatus and equipment and costs of materials used and render such
claim to the officer specified in and in the manner provided by § 209, Subdivision 2, of
the General Municipal Law if so directed by the Common Council.
(3) The Board of Fire Commissioners of the city shall have the power to make such
additional rules, regulations, conditions and restrictions not inconsistent herewith as it
may deem proper and desirable.
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C. Indemnity of city. The territory to which such outside assistance is rendered shall
assume liability for injuries or damage to person or property of others for which the city
might be liable, whether under the provisions of §§ 50-a, 50-b and 50-c of the General
Municipal Law or otherwise. The Board of Fire Commissioners may, in its discretion,
require such agreement, certificate of insurance or other form of indemnity as it may
deem necessary or practicable as a condition precedent to the rendering of such
outside assistance.
D. Effect of provisions. Nothing herein contained shall be construed to create any
obligation to render assistance outside the city, and the refusal or failure to render such
assistance shall create no liability on the city or any of its boards, officers or employees.
Nothing herein contained shall operate to affect or modify any contract for fire protection
heretofore or hereafter entered into between the city and any other municipal
corporation or territory.
§ 181-5. Penalties for offenses.
The violation of any provision of this article shall be punishable as prescribed in
Chapter 1, General Provisions, Article I, Penalties, of this Code.
ARTICLE II, Fire Prevention Code
§ 181-6. Adoption of standards. Applicable Law. There is hereby adopted by the
Common Council of the City of Ithaca of the County of Tompkins and State of New
York, for the purpose of prescribing regulations governing conditions hazardous to life
and property from fire or explosion, that version of a certain code in effect on October
31, 1987, known as "Chapter C," entitled "Fire Prevention," of the New York State
Uniform Fire Prevention and Building Code and the version of the accompanying
standards of the code in effect on October 31, 1987, the provisions of which shall be
controlling within the limits of the City of Ithaca and shall apply regardless of the date of
construction of any such building affected thereby. The law governing fire prevention
and safety in the City of Ithaca is contained in Article 18 of the New York Executive Law
and its accompanying regulations codified in Title 19 of the Official Compilation of the
Codes, Rules, and Regulations of the State of New York (19 NYCRR Part 1201), and
specifically the Fire Code of New York State.
§ 181-7. Code enforcement official; inspectors.
A. Enforcement. Pursuant to Section 381 of the New York Executive Law the City of
Ithaca shall be the entity responsible for enforcement of the Fire Code of New York
State within the City of Ithaca. This Article provides for the enforcement and
administration of the Fire Code.
A.B. Code enforcement official. The Chief of the Fire Department or the Chief's
designee shall be considered the code enforcement official for Chapter C, entitled "Fire
Prevention," of the New York State Uniform Fire Prevention and Building Code. the Fire
Code of New York State within the City of Ithaca.
B.C. Inspections. Inspectors for the purpose of inspection of buildings or premises and
ascertaining and causing to be corrected any violations of this the Fire Code of New
York State shall be the career Fire Department officers or members so designated by
the Chief of the Fire Department.
C. Appearance tickets. The Chief of the Fire Department and/or the Chief's
designees shall have the authority, as provided by Municipal Home Rule Law § 10,
Subdivision 4(a), to issue appearance tickets in accordance with Article 150 of the New
York State Criminal Procedure Law to enforce any statute, local law, ordinance, rule or
regulation relating to fire prevention and/or safety.
§ 181-8. Bureau of Fire Prevention.
A. Authority of Fire Chief. The Fire Chief shall be in charge of the Bureau of Fire
Prevention; and, for the purpose of this article and for the purposes of the Fire
Prevention Code of New York State, he/she shall be the Bureau of Fire Prevention.
B. Inspectors. The Chief of the Fire Department may detail designate such
members of the Fire Department as inspectors as shall from time to time be necessary.
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C. Report to Mayor. A report of the Bureau of Fire Prevention shall be made
annually and transmitted submitted to the Mayor. It shall contain all enforcement actions
proceedings under this code the Fire Code of New York State, with such statistics as
the Chief of the Fire Department may wish deem necessary to include therein. The
Chief of the Fire Department shall may also recommend any amendments to the code
which, in the Chief's judgment, this article as he/she may deem to be are desirable.
§ 181-9. Permits for certain uses and materials; fees.
A. A permit issued by the Chief of the Fire Department shall constitute permission to
maintain, store or handle materials or to conduct processes and activities which
produce conditions hazardous to life or property or to install equipment used in
connection with such activities. Such permit shall not take the place of any license
otherwise required by law. It is not transferable, and any change in the use or
occupancy of premises shall require a new permit.
B. Before a permit is issued, the Chief of the Fire Department or the Chief's
designee shall inspect and approve the receptacles, vehicles, buildings or storage
places to be used. In cases where laws or regulations enforceable by other departments
other than the Fire Department are applicable, joint approval shall be obtained from all
departments concerned.
C. All applications for a permit required by this code shall be made to the office of
the Fire Chief in such form and detail as it shall prescribe. Applications for permits shall
be accompanied by such plans as are required by the Fire Chief.
D. Permits shall at all times be kept on the premises designated therein and shall at
all times be subject to inspection by any City of Ithaca Fire Inspector.
E. The following permits are required:
(1) Bowling establishments. A permit shall be required for bowling pin refinishing and
bowling lane resurfacing operations involving the use of and application of flammable or
combustible liquids or materials.
(2) Cellulose nitrate plastics (pyroxylin).
(a) All retailers, jobbers and wholesalers storing or handling more than 25 pounds of
cellulose nitrate plastics (pyroxylin) shall obtain a permit.
(b) A permit shall be required for the manufacture of articles of cellulose nitrate
plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in
the manufacture or assembling of other articles.
(3) Combustible fibers. A permit shall be required for the storage and handling of
combustible fibers in quantities in excess of 100 cubic feet.
(4) Gases. A permit shall be required for the storage, handling or use at normal
temperatures and pressures of more than 2,000 cubic feet of flammable compressed
gas or 6,000 cubic feet of nonflammable compressed gas, including liquefied, low-
temperature or cryogenic gases.
(5) Dry-cleaning plants. A permit shall be required prescribing the system
classification to be used. No change shall be made in the solvent used in the equipment
to a solvent in a more hazardous class unless permission for such change shall first
have been obtained from the Fire Chief. The use of solvents with a flash point below
that for which a machine is designed shall be prohibited.
(6) Prevention of dust explosions. A permit shall be obtained for the operation of any
grain elevator; flour, starch or feed mill; or plant pulverizing aluminum, coal, cocoa,
plastics, magnesium, spices, sugar or other material producing dust.
(7) Explosives, ammunition and blasting agents.
(a) Permits shall be obtained to:
[1] Manufacture, possess, store, sell or otherwise dispose of explosives, blasting
agents or small arms ammunition.
[2] Transport explosives or blasting agents.
[3] Use explosives or blasting agents.
[4] Operate a terminal for handling explosives or blasting agents.
[5] Deliver to or receive explosives or blasting agents from a carrier at a terminal
between the hours of sunset and sunrise.
[6] Transport blasting caps or electric blasting caps on the same vehicle with
explosives.
(b) Permits shall not be issued for:
[1] Liquid nitroglycerin.
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[2] Dynamite (except gelatin dynamite) containing over 60% of liquid explosive
ingredient.
[3] Dynamite having an unsatisfactory absorbent or one that permits leakage of a
liquid explosive ingredient under any conditions liable to exist during storage.
[4] Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10
pounds net weight in one package.
[5] Fulminate of mercury in a dry condition and fulminate of all other metals in any
condition except as a component of manufactured articles not hereinafter forbidden.
[6] Explosive compositions that ignite spontaneously or undergo marked
decomposition, rendering the products or their use more hazardous, when subjected to
48 consecutive hours or less at a temperature of 167° F.
[7] New explosives until approved by the United States Department of
Transportation, except that permits are permitted to be issued to educational,
governmental or industrial laboratories for instructional or research purposes.
[8] Explosives condemned by the United States Department of Transportation.
[9] Explosives not packed or marked in accordance with the requirements of the
Department of Transportation.
[10] Explosives containing an ammonium salt and a chlorate.
(c) Nothing in this Subsection E(7) shall be construed as applying to:
[1] The transportation of explosive materials when under the jurisdiction of and in
compliance with the regulations of the Hazardous Materials Regulation Board of the
United States Department of Transportation (DOT). It shall, however, apply to municipal
supervision as to compliance with federal regulations within the jurisdiction of a
municipality.
[2] The transportation and use of military explosives by federal and state military
departments nor to the transportation and use of explosive materials by federal, state
and municipal governmental departments while in the normal and emergency
performance of their duties.
[3] The manufacture, under the regulations of the Department of Defense, of
explosive materials for or their distribution to or storage or possession by the military or
naval services or other agencies of the United States or to arsenals, navy yards, depots
or other establishments owned by or operated by or on behalf of the United States.
[4] Pyrotechnics commonly known as "fireworks."
[5] The use of explosive materials in medicines and medicinal agents in the forms
prescribed by the United States Pharmacopeia or the National Formulary.
[6] The possession, transportation and use of small arms ammunition or special
industrial explosive devices for personal use.
[7] The possession, storage, transportation and use of not more than 20 pounds of
smokeless propellant, 10,000 small arms primers and five pounds of black powder
propellant for handloading of small arms ammunition for personal use.
(8) Manufacture, sale and discharge of fireworks.
(a) A permit shall be obtained from the Fire Chief for the manufacture and storage of
fireworks. The Fire Chief may restrict the quantity of fireworks that can be manufactured
or stored.
(b) The Fire Chief may adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks by municipalities, fire associations or
groups of individuals.
(c) Such permits can be granted upon application to the Fire Chief and after
approval of the Chief of Police. Applications for permits shall be made, in writing, at
least 30 days in advance of the date of the display. No permit granted shall be
transferable.
(9) Application of flammable finishes. A permit shall be obtained for spraying or
dipping operations utilizing on any working day more than one gallon of flammable or
combustible liquids. Requirement shall be as set forth in NFPA 33, 1979.
(10) Flammable and combustible liquids. A permit shall be required for:
(a) Storage, handling or use of Class I liquids in excess of 10 gallons inside of any
building or in excess of 10 gallons outside of any building, as set forth in NFPA 31, 1979
the Fire Code of New York State, except that no permit shall be required for the
following:
[1] For the storage or use of flammable or combustible liquids in the fuel tank of a
motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
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[2] For the storage or use of paints, oils, varnishes or similar flammable mixtures
when such liquids are stored for maintenance, painting or similar purposes for a period
of not more than 30 days.
(b) Storage, handling or use of Class II or III liquids in excess of 25 gallons in a
building or in excess of 60 gallons outside a building, except for fuel oil used in
connection with oil-burning equipment.
(c) Manufacturing, processing, blending or refining of flammable or combustible
liquids.
(d) Storage of flammable or combustible liquids in stationary tanks.
(e) Abandonment or removal of above- or underground tanks.
(f) Bulk storage facilities.
(11) Tank vehicles for flammable and combustible liquids. No person shall engage in
the business of delivering flammable or combustible liquids from tank vehicles without a
permit.
(12) Fruit-ripening processes. A permit shall be required for any fruit-ripening process
involving the use of ethylene gas.
(13) Fumigation and thermal insecticidal fogging. A permit shall be required for any
person performing any fumigation or thermal insecticidal fogging which is dangerous,
noxious or poisonous to the life or health of human beings or which constitutes a fire
hazard. All persons actually engaged in the work shall require a fumigation or thermal
insecticidal fogging (operation) permit.
(14) Garages and repair stations. A permit shall be required for any person using any
building, shed or enclosure as a place of business for the purpose of servicing or
repairing any motor vehicle therein.
(15) Hazardous chemicals.
(a) A permit shall be required for the storage or handling of more than 55 gallons of
corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10
pounds of organic peroxides; or more than 500 pounds of nitromethane; or 1,000
pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixture;
or any amount of highly toxic material or poisonous gas.
(b) A permit shall be required for the storage or handling at any installation of
radioactive materials having a radioactivity greater than one microcurie or any amount
of radioactive material for which a specific license from the United States Nuclear
Regulatory Commission is required so as to be reasonably safe to persons and
property. A specific license for the radioactive material obtained from the United States
Nuclear Regulatory Commission shall be evidence that such license represents
reasonable procedure for safety to persons and property.
(c) Reports.
[1] Before authorizing the issuance of any permit, the Chief of the Bureau of Fire
Prevention is permitted to require the applicant to submit, in writing, one or more of the
following:
[a] A report from an approved testing laboratory for the physical and chemical
properties of the chemical in question whenever such properties are not readily
available in published reference or from other recognized sources.
[b] Evidence that the amount of manufacture, processing, storage, use or
transportation of the hazardous chemicals in question is in accordance with nationally
recognized safe practices and that no undue hazard to life or property is involved.
[c] The qualification, experience and knowledge of the person who is to supervise
the operations involving the particular material.
[2] Reports concerning materials or processes are permitted to be marked for the
confidential information of the Chief of the Bureau of Fire Prevention, who shall use the
data contained therein to evaluate the fire and explosion hazard.
(16) Liquefied petroleum gases.
(a) A permit shall be obtained for:
[1] Each installation of liquefied petroleum gas employing a container or an
aggregate of interconnected containers of over 2,000 gallons' water capacity.
[2] Each temporary or permanent installation of liquefied petroleum gas, irrespective
of the size of the containers, made at buildings or gatherings at which people
congregate for civic, political, educational, religious, social or recreational purposes.
Such buildings shall include but not be limited to schools, churches, health-care
occupancies, hotels and restaurants, each having a capacity of 20 or more persons.
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This section shall not apply to one- or two-family dwellings utilizing appliances supplied,
with a single cylinder not exceeding 20 pounds' capacity.
(b) Where the nature of the adjoining occupancy, the proximity of adjacent buildings
or unusual conditions indicate the need, the Chief of the Bureau of Fire Prevention may
require the submittal of plans to the Bureau of Fire Prevention prior to making the
installation; and if compliance with the requirements of this code is shown by said plans,
a permit shall be issued.
(c) Installers shall report all installations for which a permit is not required, not
including installations of gas-burning appliances but including heater-container units,
and have them available for inspection by the Bureau of Fire Prevention.
(17) Lumberyards and woodworking plants. A permit shall be required for the storage
of lumber exceeding 100,000 board feet.
(18) Magnesium. A permit shall be obtained for the melting, casting, heat-treating,
machining or grinding of more than 10 pounds of magnesium per working day.
(19) Oil-burning equipment. A signed permit shall be required for the initial installation
of an oil burner and a fuel oil tank used in connection therewith that is in excess of 25
gallons in a building or in excess of 60 gallons outside of a building. A separate permit
shall be required for the replacement of either the oil burner or a fuel oil tank connected
to an oil burner.
(20) Manufacture of organic coating. A permit shall be required for any organic
coating manufacturing operation making more than one gallon of an organic coating on
any working day.
(21) Ovens and furnaces.
(a) No oven or furnace to which this code the Fire Code of New York State applies
shall be operated without a permit from the Chief of the Bureau of Fire Prevention.
(b) Application for a permit shall be accompanied by plans showing all essential
details as to location, design, construction, controls and calculations for safe operation.
The process and materials involved shall be fully described. Catalytic combustion
systems utilized for the oxidation or combustion of the exhaust gases or vapors shall be
described.
(22) General precautions against fire.
(a) Bonfires, recreational fires, and outdoor rubbish fires. No person shall kindle or
maintain any bonfire, recreational fire or rubbish fire or authorize any such fire to be
kindled or maintained without a permit or other proper authorization. During construction
or demolition of buildings or structures, no waste materials or rubbish shall be disposed
of by burning on the premises or in the immediate vicinity without having obtained a
permit or other proper authorization.
(b) Matches. No person shall manufacture matches without a permit. No person
shall store matches exceeding in aggregate 25 cases of matches without a permit.
(c) Storage or of readily combustible materials.
[1] Permit required. No person shall store in any building or upon any premises in
excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes,
barrels or similar containers, rubber tires, rubber or cork or other similarly combustible
material without a permit.
[2] Storage requirements. Storage in buildings shall be orderly, shall not be within
two feet of the ceiling, shall be separated from heaters or heating devices by distance or
shielding so that ignition cannot occur and shall not be so located as to endanger exit
from the building. Storage in the open shall be so located with respect to adjacent
buildings as not to constitute a hazard and shall be compact and orderly.
(23) Welding or cutting, acetylene generators, calcium carbide and acetylene cylinder
charging plants.
(a) Permit required for welding or cutting.
[1] A permit shall be required of each company, corporation, co-partnership or
owner/operator performing welding or cutting operations, except as provided by the
provisions of § 325-3. This permit shall not be required for each welding or cutting job
location. The company, corporation, co-partnership or owner/operator shall notify the
Bureau of Fire Prevention in advance where such work is done in response to an
emergency call that does not allow time for the Bureau of Fire Prevention to issue the
necessary permit. [Amended 8-5-1992 by L.L. No. 3-1992]
[2] A permit shall not be required of any company, corporation, co-partnership or
owner/operator:
[a] Where the welding or cutting is performed in areas approved for the purpose; or
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[b] Having an approved permit system established for control of the fire hazards
involved.
[3] Application for a permit required by this article shall be made by the company,
corporation, co-partnership or owner/operator performing the welding or cutting
operation or by his/her duly authorized agent.
[4] A permit for welding or cutting operations shall not be issued unless the
individuals in charge of performing such operations are capable of doing such work in a
safe manner. Demonstration of a working knowledge of the provisions of this article
shall constitute acceptable evidence of compliance with this requirement.
[5] Companies, corporations, co-partnerships and owner/operators required to have
a permit shall maintain a record of all locations where welding or cutting operations are
performed and have it available for inspection by the Bureau of Fire Prevention.
(b) Permit required for cylinder and container storage. A permit shall be required for
the storage of cylinders or containers used in conjunction with welding or cutting
operations when more than 2,000 cubic feet of flammable compressed gas, other than
liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum
gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable
compressed gas is stored.
(c) Permit required for acetylene generators. No person shall operate an acetylene
generator having a carbide capacity exceeding five pounds without a permit.
(d) Permit required for storage of calcium carbide. A permit shall be required to store
or keep calcium carbide in excess of 200 pounds.
(24) Asphalt kettles.
(a) A permit shall be required for asphalt kettles. Such permit shall be obtained prior
to the issuance of any building permit for the construction or reconstruction of any roof
and prior to operation of the kettle on the site.
(b) A permit shall be obtained for each kettle to be used, even if more than one will
be used at one site.
(c) Regulations governing the operation and use of asphalt kettles shall be as
specified in Part 1192 of the New York State Uniform Fire Prevention and Building
Code, entitled "Flame Producing Devices," dated January 1, 1984. the Fire Code of
New York State.
(25) Areas of public assembly (Assembly Group A Occupancies).
(a) The definition of an area of public assembly as set forth in 9 NYCRR
606.3(a)(13): "An area of public assembly includes a building or a portion of a building
used for gathering together 50 or more persons for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational, religious, social or similar
purposes, the entire fire area of which it is a part, and the means of egress therefrom" is
hereby adopted.
Definition. Areas of public assembly are those areas set forth as such and defined in
the Uniform Fire Prevention and Building Code of New York State as “Assembly Group
A Occupancies”. These assembly areas include buildings and portions of buildings
used for gathering together fifty or more persons for purposes of amusement, athletics,
civic purposes, dining, education, entertainment, or patriotic, political, recreational,
religious, or other social purposes. Examples of such buildings include but are not
limited to:- night clubs, restaurants, art galleries, bowling alleys, churches, community
halls, funeral parlors, lecture halls, libraries, museums, passenger stations, skating
rinks.
(b) A permit shall be obtained from the Fire Chief, for the operation of an area of
public assembly prior to such operation.
(c) The Fire Chief may promulgate reasonable rules and regulations for the granting
of permits, including but not limited to requiring the submittal of plans and/or
specifications for such space, and requiring the submittal of installation and/or testing
records for fire protective equipment or systems in use in said area of assembly.
(d) Upon receipt of such application, the Fire Chief shall cause the area of public
assembly to be inspected. Such inspection shall include measuring and calculating
maximum occupancy load(s) for the space, and determining whether or not the space is
in compliance with Subchapter C of the New York State Uniform Fire Prevention and
Building Code, and of this Code the Uniform Fire Prevention and Building Code of New
York State.
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(e) No permit for an area of public assembly shall be granted if, in the opinion of the
Fire Chief, such space is not in compliance with Subchapter C of the New York State
Uniform Fire Prevention and Building Code, and of this Code. the Uniform Fire
Prevention and Building Code.
(f) A permit for an area of public assembly shall be effective for a period not to
exceed one year. An application for renewal must be made prior to the expiration of the
current permit.
(g) A permit for an area of public assembly may be suspended or revoked if, in the
opinion of the Fire Chief, there is a violation of Subchapter C the Fire Code of New York
State resulting in immediate danger to the life or health of occupants thereof.
(h) In the event that an on-premises inspection organization exists which may
provide third-party inspection and certification of compliance, such fees as required for
this section shall be adjusted to reflect the actual time spent by the Fire Department
required to assure compliance with the intent of this part.
(i) Fees for a permit for an area of public assembly or for renewal of such permit
shall be established by the Fire Chief, according to § 181-9(F) of this article. Such fees
shall be the actual costs incurred to do the work. The personnel costs included shall be
based on the average hourly rate plus expenses for Fire Department personnel, not to
include travel time. An estimate of these costs shall be provided to the applicant upon
preliminary approval of the application for said permit.
(26) Fire protective systems.
(a) A permit shall be required to install or substantially repair a fire detection, alarm
or fire suppression system as such is defined in the New York State Uniform Fire
Prevention and Building Code.
(b) The permit required in Subsection E(26) above shall be obtained from the Fire
Prevention Bureau of the Ithaca Fire Department. This permit is separate from, and
shall be required in addition to, any building permit issued by the Building Department.
(c) Prior to the issuance of an installation permit, the Fire Prevention Bureau shall
review said application along with the associated building permit to ensure compliance
with applicable codes, rules and regulations.
(d) Upon completion of installation or repair work, an applicant shall conduct an
acceptance test of the full system, which test shall be observed by the Fire Prevention
Bureau. The applicant shall provide the Fire Prevention Bureau with a system test
record describing the system to be tested and its components. The test shall be
conducted in accordance with the standards prescribed by the National Fire Protection
Association or other appropriate standard-setting organization as determined by the Fire
Prevention Bureau. If it is satisfied that the installation work meets the prescribed
standards, the Fire Prevention Bureau shall certify the work as complete and
satisfactory.
(e) Fees. Fees for an installation or repair permit shall be established by the Fire
Chief in accordance with § 181-9(F)(1) of this article. Such fees shall be the actual costs
incurred to do the work. The personnel costs included shall be based on the average
hourly rate plus expenses for Fire Department personnel.
F. Permit fees.
(1) The Fire Chief shall promulgate a permit fee schedule applicable to the permits
required herein. Fees established in the fee schedule shall reasonably reflect the cost of
receiving, investigating, processing and issuing each of said permits.
(2) Such schedule and any changes proposed thereto shall be submitted to the
Common Council for adoption prior to collection of such fees.
(3) The fee schedule shall be posted at the Fire Chief's office and distributed to any
interested parties.
§ 181-10. New materials, processes or occupancies.
The Board of Fire Commissioners and the Fire Chief shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies which shall require permits in addition to
those now enumerated in this codethe Fire Code of New York State. The Fire Chief of
his/her designee shall post such list in a conspicuous place in his/her office and
distribute copies thereof to interested persons.
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§ 181-11. Board of Fire Appeals.
The Board of Fire Appeals shall be appointed by the Mayor with the consent of the
Common Council and shall be composed of five members who shall be selected on the
basis of their interest in fire prevention. The Mayor may appoint not more than one
Council member and one Fire Commissioner to serve on this Board.
§ 181-12. AAppeals.Variance Procedures. The procedure for seeking a variance or
appealing any of the provisions of the Fire Code of New York State is governed by Title
19 NYCRR, Section 1205, titled “Variance Procedures” which procedure is administered
by the Secretary of State.
A. For those elements of this chapter or of Chapter C of the New York State
Uniform Fire Prevention and Building Code that are addressed by the New York State
Uniform Fire Prevention and Building Code, the manner of appeal shall be as specified
in Title 19 of the New York Codes, Rules and Regulations, Part 440, Uniform Code:
Boards of Review of the Department of State Rules and Regulations for Administration
and Enforcement of the New York State Uniform Fire Prevention and Building Code,
dated January 1, 1985.
B. This subsection shall apply only to those elements of this chapter that are not
addressed or otherwise covered by the New York State Uniform Fire Prevention and
Building Code. Whenever the Chief of the Fire Department shall refuse to grant a permit
applied for or when it is claimed that the provisions of the code do not apply or that the
true intent and meaning of the code may have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief of the Fire
Department to the Fire Appeals Board within 30 days from the date of the decision. The
Fire Appeals Board may affirm, modify or reverse any determination of the Chief of the
Fire Department made pursuant to the provisions of this chapter. and/or the Fire
Prevention Code.
§ 181-13. Fire limits. Fire limits of the City of Ithaca are hereby defined as follows:
A. Fire limits A: those areas of the City which are zoned Industrial I-1 and Business
B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1, except the
northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels
100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca
Zoning Ordinance (Chapter 325 of this Code).
B. Fire Limits B: those areas of the City which are zoned Business B-2a, B-2c, B-2d,
B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code).
§ 181-14. Storage of flammable liquids.
A. Aboveground tanks. The limits referred to in the State Uniform Fire Prevention
and Building Code in which storage of flammable liquids in outside aboveground tanks
is prohibited are hereby established as follows: all portions of the city not described as
the Industrial Zone in the Zoning Ordinance of the city.
B. New bulk plants. The limits referred to in the State Uniform Fire Prevention and
Building Code in which new bulk plants for flammable liquids are prohibited are hereby
established as follows: all that portion of the city not described as the Industrial Zone in
the Zoning Ordinance of the city and lying west of the east shore branch of the Lehigh
Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the
south.
§ 181-15. Storage of liquefied petroleum gases.
The limits referred to in the State Uniform Fire Prevention and Building Code in which
bulk storage of liquefied petroleum gas is restricted are hereby established as follows:
all that portion of the city not described as the Industrial Zone in the Zoning Ordinance
of the city and lying west of the east shore branch of the Lehigh Valley Railroad
between Cascadilla Creek on the north and West Clinton Street on the south.
§ 181-16. Lighting requirements in multiple residences and places of assembly.
The owner, lessee, manager or other person in charge of any and every hotel,
tenement house, apartment house, rooming house and all other buildings, while
occupied as sleeping apartments or used as a public dance hall or meeting place,
except one- and two-family private residences, shall, for the purpose of protecting life
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19
and property in the event of fire, maintain and keep lighted from sunset to sunrise at
least one light on each floor near the main flight of stairs and such additional lights
necessary to light the main or other stairs leading to floors occupied, as may be directed
by the Chief of the Fire Department, and properly and adequately light all halls and
corridors during the hours specified and at such other times as the natural illumination is
not adequate for the safe use thereof, unless written permission is obtained from the
Chief of the Fire Department to dispense with any lights so required. The location of any
such lights at all times shall be in the discretion of the Chief of the Fire Department. All
main entrances of such buildings, while so occupied, shall remain unlocked unless
locked with a night-latch lock which does not lock from the inside. [Reserved]
§ 181-17. Lockboxes Key-boxes. Pursuant to §506 of the Fire Code of New York State
the regulations pertaining to keyboxes shall be as follows:-
A. A lockbox key-box for storing building keys shall be obtained and affixed on
certain premises as described herein. Such lockbox key-box shall be as prescribed by
the Fire Department and shall be obtained in the manner established by the Fire
Department.
B. Lockboxes Key-boxes shall be required for all new and existing buildings, other
than one- or two-family dwellings, that have fire alarm and/or fire detection systems that
are or will be interconnected with the Fire Department. Alarm system interconnects
include but are not limited to municipal fire alarm, radio, telephone leased line,
telephone dialer or central station systems.
C. Lockboxes Key-boxes shall be affixed to structures in the manner detailed by the
manufacturer and in the location established by the Fire Department.
§ 181-18. Use of cooking and heating appliances.
The use of solid- , liquid- or gaseous-fueled cooking or heating appliances in or on
buildings or structures is hereby regulated as follows: the use of such appliances is
prohibited on porches, roofs, exterior stairs, fire escapes, balconies and similar building
structures or appurtenances where such use will result in exposure of the building or
structure to fire, will impede means of egress or where such use will result in unstable or
otherwise hazardous operation of such appliances.[Reserved]
§ 181-19. Hazardous materials.
All costs incurred by the City of Ithaca as a result of operations of its respective
departments in mitigating and/or recovering from a hazardous material spill, discharge,
release or other eventuality requiring response and action by the city shall be
recoverable by the City of Ithaca. Such costs shall be recoverable from the owner,
agent, shipper or other party having responsibility for the material(s) causing the
hazardous situation. For the purposes of this section, "hazardous materials" shall have
the meaning provided for in Part 1174 of the New York State Uniform Fire Prevention
and Building Code, dated January 1, 1984 the Uniform Fire Prevention and Building
Code.
§ 181-20. Guard dogs.
A. The owner and/or manager of any nonresidential premises using an unattended
guard dog to provide security shall register with both the Police and Fire Departments.
Such registration shall include the number and breed of dog(s) in use, the days and
times such dog(s) is (are) unattended on the premises and the name(s) of the owner(s)
and/or handler(s) and methods of contacting them. Additionally, the registration shall
include a floor plan of the premises with dog patrol areas designated.
B. The owner/manager of such premises shall file a release that shall indemnify the
City of Ithaca from liability for harm or damage to the dog(s) or the premises caused by
any act or omission on the part of the Police or Fire Department as a result of the
presence of guard dogs on the premises.
C. The owner/manager of such premises shall notify the Police and Fire
Departments at such time as a guard dog(s) is (are) no longer employed at and is (are)
removed from those premises.
§ 181-21. Fire alarm and detection systems.
A. Installation requirements.
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May 4, 2005
20
(1) Fire alarm and detection systems shall be installed as per the requirements of
the New York State Uniform Fire Prevention and Building Code, dated January 1, 1984,
and referenced standards therefrom. Uniform Fire Prevention and Building Code.
(2) Fire alarm and detection systems shall be installed by or under the direct
supervision of licensed electricians licensed by the City of Ithaca or by those
demonstrating equivalent license reciprocity as provided for in this code.
(3) The City Electrical Inspector shall, upon application by the installing electrician or
the owner of the premises, make the rough-in inspection of such system as has been
installed to ensure compliance with the provisions of the National Electrical Code (NFPA
70), 1987 Edition, as it applies to said system.
(4) The Fire Department shall, upon application by the installing electrician or the
owner of the premises, make the rough-in inspection of such system as has been
installed to ensure compliance with the provisions of the New York State Uniform Fire
Prevention and Building Code, dated January 1, 1984, and referenced standards
therefrom. Uniform Fire Prevention and Building Code.
(5) Following complete testing of the system by the installer, the installer shall cause
a certification of system installation and operation to be executed prior to the Fire
Department making observations of acceptance testing. This certification shall be made
on forms provided by the Fire Department.
(6) The Fire Department shall observe acceptance testing per the provisions of the
Uniform Fire Prevention and Building Code, dated January 1, 1984, referenced
standards. of New York State.
B. System design.
(1) All fire alarm and/or detection systems shall be provided with adequate zone
reporting capacity to ensure rapid and efficient location of the source of the alarm by the
Fire Department. During plan review, the Fire Department shall specify zone-reporting
assignments for the proposed system.
(2) Fire alarm and/or detection system control panels shall be capable of isolating
each zone from the panel so that defective or impaired devices or systems causing
alarms may be isolated and repaired without requiring the remainder of the system to be
shut down.
(3) Required Fire Department interconnects shall be provided by connection to the
municipal alarm system, by installation of a radio transmitter alarm system, or for
the purpose of compliance with Chapter 210, Housing Standards, of installation
of a listed digital alarm communicator transmitter approved by the Fire
Department. All other Fire Department interconnects must be approved by the
Fire Department prior to installation.
C. System operation.
(1) Should a fire alarm/detection system cause numerous false alarms in such a way
that the safety of the occupants, fire fighters or any other persons or property is
imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm
system until such time as the problem is resolved. During such time when any required
system is disconnected, alternate protection shall be provided, as specified by the Fire
Chief, or the building shall be vacated.
(2) The owner/operator of any premises with a required fire alarm/detection system
must notify the Fire Department whenever the system must be made inoperative for
maintenance or repair. The Fire Department must be re-notified when the system is
restored. In no event is a required system permitted to be rendered inoperative without
alternative means of protection, acceptable to the Fire Department, being provided.
§ 181-22. Penalties for offenses.
A. There shall be three categories of penalties for violations of the Municipal Fire
Prevention Code or for violations within the City of Ithaca of those portions of the New
York State Uniform Fire Prevention and Building Code, which pertain to firesafety or fire
prevention. The categories shall be:
(1) Violation with discretionary fines. Any person who shall violate any provision of
the Municipal Fire Prevention or Safety Code or those portions of the New York State
Uniform Fire Prevention and Building Code of New York State which apply to firesafety
or fire prevention shall be guilty of a violation, as that is defined in Article 10 of the Penal
Law. The maximum penalty shall be a fine of $250 $500 for each section of the code
which is violated and for each day on which the violation exists. Each day on which a
person continues to violate said code is considered a separate violation.
Common Council Meeting Minutes
May 4, 2005
21
(2) Violation with mandatory fine. Any person who shall violate or fail to comply with
any order of the Fire Chief or the designated Fire Code enforcement officer shall be
guilty of a violation, as that is defined in Article 10 of the Penal Law, punishable by a
fine of not less than Two Hundred and Fifty ($250) for each day on which the violation
exists and not more than $500 One Thousand Dollars ($1,000) for each day on which
the violation exists or a sentence of imprisonment not to exceed 15 thirty (30) days.
Each day on which a person continues to violate said order is considered a separate
violation.
(3) Misdemeanors. If injury occurs to any person or to property as the result of any
violation of any provision of the Municipal Fire Prevention or Safety Code or those
portions of the New York State Uniform Fire Prevention and Building Code which apply
to firesafety or fire prevention, of the Fire Code of New York State or of any provision of
this Chapter, the person who violated the said provisions of the code shall be guilty of a
misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 for
each separate violation of the code and for each day on which the violation exists and
further punishable by imprisonment for not more than one year. Each day on which a
person continues to violate the code is considered a separate violation.
B. The imposition of a penalty for any violation of the fire codes shall not excuse the
violation or permit it to continue, nor shall the imposition of a penalty prevent the
enforced removal of prohibited conditions.
§ 181-23. Issuance of appearance tickets. [Added 1-3-2001 by L.L. No. 2-2001]
The Chief of the Fire Department, the Deputy Chief, and other Fire Department
personnel designated by the Chief of the Fire Department shall have the authority, as
provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in
accordance with Article 150 of the New York State Criminal Procedure Law, to enforce
any statute, local law, or ordinance, rule, or regulation with regard to parking violations
relating to fire prevention, public health and/or safety.
Section 2
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions
of the 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.
Carried Unanimously
An Ordinance to Amend Chapter 240 of the City of Ithaca Municipal Code Entitled
“Noise”
By Alderperson Mackesey: Seconded by Alderperson Whitmore
ORDINANCE 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Section 240-14 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§240-14. Permit Procedures for certain activities.
Except as provided for in Section 157-8 of the City Code regarding the Ithaca
Commons:
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 Subsection “D” of to this section.
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May 4, 2005
22
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 pursuant to Subsection “D” of 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 pursuant to
Subsection “D” of this section.
D. Applications shall be submitted to the Mayor’s Office at least 72 hours in advance of
an event. 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) EvidenceIf required by the party issuing the permit, proof 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, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to
the Building Commissioner, or his/her designee, for all other construction projects;
and to the Mayor, or his/her designee 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.
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, or their designees 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 or
their designees shall provide the Chief of Police with a copy of any permit issued
pursuant to this section.
Common Council Meeting Minutes
May 4, 2005
23
Section 2. Severability. Severability is intended throughout and within the provisions of
the 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.
Carried Unanimously
An Ordinance to Amend Chapter 132 of the City of Ithaca Municipal Code Entitled
“Assemblies and Parades”
By Alderperson Mackesey: Seconded by Alderperson Whitmore
ORDINANCE 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Section 132-1 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 132-1. Definitions. [Amended 10-2-1985 by Ord. No. 85-13]
As used in this chapter, the following terms shall have the meanings indicated. These
definitions shall apply to any public street, sidewalk, or alley, except the Ithaca
Commons, and designated parks. See Chapter 157 entitled “Commons” for provisions
regarding the use of the Commons, or Chapter 336 entitled “Parks and Recreation” for
provisions regarding the use of parks.
MOTORCADE -- An organized procession containing 15 or more vehicles, except
funeral processions., upon any public street, sidewalk or alley, except the Ithaca
Commons.
PARADE -- Any march or procession consisting of people, animals or vehicles, or a
combination thereof, except funeral processions, upon any public street, sidewalk or
alley, except upon the Ithaca Commons, which does not comply with normal and usual
traffic regulations or controls.
PUBLIC GATHERING OR ASSEMBLAGE -- The holding of any meeting of persons at
any location within the city, except upon the Ithaca Commons, in such numbers which, if
not controlled or regulated, can reasonably be expected to interfere with the use of
public property by others. A public gathering or assemblage of 50 or more persons shall
constitute a presumption that such meeting will or can be expected to interfere with the
use of public property by others.
Section 2:
Section 132-2 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 132-2. Permit required; failure to comply.
A. It shall be unlawful for any person to conduct a public gathering or assemblage, or
parade or motorcade in or upon any public street, sidewalk, alley, park or other
public place in the city or to knowingly participate in any such public gathering or
assemblage, parade or motorcade unless and until a permit to conduct such public
gathering or assemblage, parade or motorcade has been obtained from the Chief of
Police or his/her designee, who is hereby designated the permit officer.
B. Failure or refusal to comply with any of the provisions of this chapter is a violation,
provided that:
(1) No person shall be convicted under this chapter of assembling, parading or
participating in a motorcade without a permit except upon proof that an
announcement was made in his/her presence by a person appearing to be
Common Council Meeting Minutes
May 4, 2005
24
authorized by the City of Ithaca, affording a reasonable opportunity to disperse
said assembly, parade or motorcade.
(2) No person shall be convicted under this chapter of assembling, parading or
participating in a motorcade in violation of the terms of a permit except upon
proof that an announcement was made in his/her presence by a person
appearing to be authorized by the City of Ithaca, affording a reasonable
opportunity to comply with the terms of the permit, and that a subsequent order
was given in his/her presence affording a reasonable opportunity to disperse
said assembly, parade or motorcade.
Section 3.
Section 132-5 A. (1) of the City of Ithaca Municipal Code shall be amended to read as
follows:
§ 132-5. Permit application and issuance.
A. Assembly permits.
(1) An application for a public assembly permit shall be in writing and shall be made
to the permit office either the Ithaca Police Department or the City Clerk’s Office
at least five business days before the assembly is scheduled to be held. The
form for the application shall include:
(a) The date, hours and location at which the assembly is scheduled to be held.
(b) The name, address and telephone number of the applicant or applicants and
the name of the sponsoring organization, if any.
(c) An estimate of the size of the assembly.
(d) Whether or in what form police protection is required.
(e) Plans to assure the public safety and order.
Section 4. Severability. Severability is intended throughout and within the provisions of
the 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 5. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
An Ordinance to Amend Chapter 342 of the City of Ithaca Municipal Code Entitled
“Streets and Sidewalks”
By Alderperson Mackesey: Seconded by Alderperson Coles
ORDINANCE 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Sections 342-7 and 342-8 of the City of Ithaca Municipal Code are hereby amended to
read as follows:
§ 342-7. Work requiring permit.
No person shall do any of the following without first obtaining from the City Clerk
Superintendent of Public Works or his/her authorized representative a written permit
therefor:
A. Construct, remove, replace or repair a sidewalk or driveway within the limits of any
public street, highway or other public property.
Common Council Meeting Minutes
May 4, 2005
25
B. Open or cause to be opened, by cutting or excavating, the pavement or soil of any
street, highway, sidewalk area or other public grounds.
C. Obstruct, encumber or occupy in any manner, for any purpose whatsoever any
public street, highway or sidewalk area.,except for parades or public gatherings and
assemblages permitted by the Ithaca Police Department
§ 342-8. Permit application and fee.
A. Forms. Any property owner or utility corporation desiring a permit as prescribed in §
342-7 shall make application therefor to the Superintendent upon forms provided for
that purpose.
B. Contents. Said application shall contain the names and addresses of the applicant
and of the owner of the property in front of which or for whom the work is to be
performed, the nature of the work to be done, the date or dates when the work is to
be done, together with such necessary sketches and additional information as the
Superintendent may require, and a signed statement by the applicant that said
applicant agrees to perform the work for which the permit is granted strictly in
accordance with the conditions of the permit, the provisions of the Charter and the
Code of the city and the applicable rules and regulations of the Department of Public
Works and that the city is to be saved harmless from any loss, injury or damage
arising out of the granting of the permit or from any negligence or fault of said
applicant or his/her servants or agents in connection with any of the work done
under or in connection with said permit.
C. Fee. No permit shall be issued until the applicant therefor shall have first paid to the
City Clerk, in cash or by check payable to the city, a fee of $10, except for sidewalk
permits, which shall be $5.
Section 2.
Section 342-38 of the City of Ithaca Municipal Code shall be amended to read as
follows:
§ 342-38. Insurance requirements. [Amended 9-4-2002 by Ord. No. 2002-12]
A. Type and amount.
(1) No permit for street obstruction shall be issued by the Superintendent until the
applicant therefor shall have first placed on file with the City Clerk, without cost
to the City, satisfactory evidence of public liability insurance in the amount of not
less than:
(a) Commercial liability insurance:
[1] Aggregate: $2,000,000.
[2] Products/completed operations: $1,000,000.
[3] Personal and advertising injury: $1,000,000.
[4] Each occurrence: $1,000,000.
[5] Fire damage (any one fire): $300,000.
[6] Medical expenses (any one person): $5,000.
Note: If the permittee is a contractor - specify on certificate that aggregate
is specific to particular job alone.
(b) Excess liability insurance:
[1] Each occurrence: $5,000,000.
[2] General aggregate: $5,000,000.
(c) Automobile liability insurance: $1,000,000 each accident (including coverage
for any auto, including hired and nonowned).
Common Council Meeting Minutes
May 4, 2005
26
(d) Workers compensation (if permittee has employees).
(2) The City shall be named as an additional insured with respect to commercial
general liability, excess liability and automobile liability.
(3) Prior to granting a permit for street obstruction, said insurance must be
approved as to form, correctness and adequacy by the City Attorney to insure
the city against any loss, injury or damage arising out of the granting of the
permit or from negligence or fault of said applicant or his/her agents, servants or
employees in connection with said obstruction or with any work related thereto.
B. Such insurance must remain in force throughout the effective period of the permit, as
well as any authorized extensions thereof, and shall carry an endorsement to the
effect that the insurance company will give at least 10 days' written notice to the city
of any modification or cancellation of any such insurance.
C. Block parties and similar neighborhood gatherings, motorcades, parades, and
public gatherings and assemblages for which a street obstruction permit has been
granted, are exempt from the insurance requirements set forth in § 342-38A above.
Street obstruction permits for block parties and similar neighborhood gatherings shall be
issued only upon the condition that no alcohol is consumed in the public rights-of-way.
Street obstruction permits for block parties and similar neighborhood gatherings must
be approved by the Mayor and the Superintendent.
Section 3. Severability. Severability is intended throughout and within the provisions of
the 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.
Carried Unanimously
Request That Emerson Power Transmission And BorgWarner Inc. Provide Full
Disclosure Of Records Of Toxic Substances Used And Of All Chemical Spills In
And Around The Plant - Resolution
By Alderperson Mackesey: Seconded by Alderperson Coles
WHEREAS, in 1987 high levels of TCE (trichloroethene), PERC (tetrachloroethene) and
other chemicals were found to have leaked into the soil and the ground water from the
property owned at present by Emerson Power Transmission, and
WHEREAS, the 1994 Record of Decision agreement between the New York State
Department of Environmental Conservation and Emerson Power Transmission included
a soil gas monitoring study that was not completed, and
WHEREAS, ongoing testing indicates that the limited remediation undertaken in 1994
did not sufficiently reduce toxic concentrations in known affected areas, nor did it
identify the plume of the entire affected area, and
WHEREAS, contamination of indoor air by volatile chemicals such as TCE from
contaminated soil and groundwater has emerged as a serious public health concern,
and
WHEREAS, residents adjoining the 90 acre Emerson Power Transmission site
demanded a reactivation of this investigation because of concerns for their health and
safety, and
WHEREAS, in February 2005 the Department of Environmental Conservation
reclassified this site from a Class 4 or “properly closed” designation to a Class 2 or
“significant threat to the public health or the environment – action required” designation,
and
Common Council Meeting Minutes
May 4, 2005
27
WHEREAS, on April 21, 2005, The New York State Assembly’s Committee on
Environmental Conservation held a public hearing on this issue that underscored the
need for swift remediation and cleanup, and
WHEREAS, records indicate that other undetermined pollutants may have
contaminated the Emerson Power Transmission site, and
WHEREAS, the greatest concern of the City of Ithaca Common Council is the well-
being and good health of residents, now therefore, be it
RESOLVED, That the Common Council of the City of Ithaca strongly urges Emerson
Power Transmission and the previous owner BorgWarner Inc., to provide the City and
the appropriate State agencies, including the State Attorney General, a complete list of
all possible toxic substances used or known to have been used in the plant, and be it
further
RESOLVED, That Emerson Power Transmission and BorgWarner Inc. provide both the
State and the City of Ithaca a complete record of all possible spills that occurred on their
property and where these toxic substances were disposed or placed on and off-site, and
be it further
RESOLVED, That a copy of this resolution be sent to Emerson Power Transmission,
BorgWarner Inc., and the Attorney General of the State of New York, Eliot Spitzer.
Carried Unanimously
Alderperson Coles stated that this resolution and a letter from the Mayor will go out
simultaneously.
Alderperson Mackesey explained the reasons behind the resolution. South Hill
residents have chemicals in their homes and on their properties, but the extent of the
pollution and what chemicals have been spilled remains unknown.
Alderperson Taylor thanked Joyce Muchan for spearheading this effort and for her
services to the Rental Housing Advisory Commission.
Alderperson Berry questioned whether Emerson is reimbursing residents for home
testing. Alderperson Mackesey responded that the only residents that are being
reimbursed are sites that have been selected by DEC. Alderperson Berry further stated
that homeowners need more information on what they can and can’t do on their
property. She also thanked Joyce Muchan.
Alderperson Coles stated that Assemblywoman Barbara Lifton has found that no
agency has provided a health inquiry or testing.
PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE:
Conceptual Agreement to Purchase Land for the Construction of a Parking Lot in
the West End, to be Funded by the Establishment of a Tax Assessment District
(TAD) - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, on several occasions City staff and elected officials have been meeting
with merchants and property owners in the West End to discuss parking issues and
concerns, and
WHEREAS, after several meetings, including a June 16, 2004, Board of Public Works
meeting, property and business owners agreed that there is a need to free up the City-
owned lot at the corner of Fulton and Court Streets for short-term parking, and
WHEREAS, property and business owners agreed that overnight storage of delivery
vehicles and all-day parking for Finger Lakes Fabricating, Hearth and Home, Ithaca
Bakery, and Verizon employees, currently parking in the City-owned lot on Fulton
Street, will need to be accommodated off site, and
Common Council Meeting Minutes
May 4, 2005
28
WHEREAS, as a first step to free up the lot for patrons of nearby businesses, on
November 3, 2004, the Board of Public Works agreed to direct the Department of Public
Works to sign the lot for a three-hour parking maximum, from 9:00 a.m. until 9:00 p.m.,
Monday through Friday with the regulations for parking on Court and Esty Streets
remaining unchanged, and
WHEREAS, the three-hour limit and the 9:00 a.m. to 9:00 p.m. timeframe is to allow
time enough for restaurant patrons to have a meal and for business patrons to complete
their tasks, and should also discourage overnight parking, and
WHEREAS, those businesses using the parking lot for long-term parking have agreed
to remove their employee and delivery trucks out of the public lot, which will free up
approximately 30 spaces, and
WHEREAS, Verizon has offered to improve a strip of land for parking that is located
between the Friends of the Library Building and 531 Esty Street (The Miller Building),
known as Allen Street (owned by Seany), provided the needed approvals are granted,
and
WHEREAS, as the City’s West End continues to be redeveloped, parking demands will
continue to increase, and
WHEREAS, at present a 0.643 acre parcel, located at 404 Fulton Street in the City of
Ithaca is being advertised for sale, and
WHEREAS, preliminary designs indicate that the parcel can support approximately 60
parking spaces, and
WHEREAS, an appraisal has been completed for this parcel, and
WHEREAS, staff requests permission from Common Council to explore the concept of
establishing a parking district in the West End, whereby property owners that benefit
from the parking lot would be charged a special assessment to cover the capital and
operating costs incurred by the city in the creation of the parking lot, and
WHEREAS, area merchants and property owners have agreed in concept to this
recommendation; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council agrees in concept to the
purchase and improvement of land in the City's West End for a parking lot, to be funded
by benefited property owners through a Tax Assessment District, and be it further
RESOLVED, That the City of Ithaca Common Council directs staff to continue to work
on the concept of a parking lot with property owners in the City's West End.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
Assigning Recreation Maintenance Supervisor to the Executive Unit - Resolution
By Alderperson Berry: Seconded by Alderperson Whitmore
WHEREAS, in 2004 the Recreation Facilities Director requested that the Maintenance
Supervisor position at Cass Park be transferred to the Executive Unit, and
WHEREAS, the reasons for the request were set forth as follows: a high level of
independent decision making consistent with the Executive Unit; direct supervision over
DPW staff requiring, in some instances, initiating disciplinary action resulting in a conflict
of interest; position assists in the total operation of the facility; position serves as a
second line supervisor; and overall community of interest with the Executive Unit, and
WHEREAS, the City Human Resources Department has conducted an analysis utilizing
the regulations covered under the Fair Labor Standards Act for determining coverage
under such act and it has been determined that this position is exempt and should be
appropriately assigned to the Executive Unit, and
Common Council Meeting Minutes
May 4, 2005
29
WHEREAS, the Maintenance Supervisor position title, as a result of the recent
classification study, was changed to Recreation Maintenance Supervisor to more
accurately reflect the work, now, therefore, be it
RESOLVED, That Common Council hereby authorizes the change of the Maintenance
Supervisor to Recreation Maintenance Supervisor on the 2005 Youth Bureau Personnel
Roster, and, be it
RESOLVED, That Common Council assigns the Recreation Maintenance Supervisor to
the Executive Association, salary grade B.
Carried Unanimously
Amendment of Roster – Chamberlain’s Office - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, there is an opening in the City Chamberlain’s Office for a Customer Service
Representative (35 hours), and
WHEREAS, the Chamberlain’s Office would be better staffed with a Customer Service
Representative (40 hours); now, therefore, be it
RESOLVED, That the City Chamberlain’s Office Personnel Roster be amended as
follows:
Delete: One (1) Customer Service Representative (35 hours)
Add: One (1) Customer Service Representative (40 hours)
and be it further
RESOLVED, That this Personnel Roster amendment is budget neutral.
Carried Unanimously
NEW BUSINESS:
Designation of 2005 City of Ithaca Polling Locations – Resolution
By Alderperson Whitmore: Seconded by Alderperson Mackesey
RESOLVED, That the following locations be designated as City of Ithaca polling
locations for the year 2005:
2005 CITY OF ITHACA
POLLING LOCATIONS
FIRST WARD
1st District Alternative Community School Chestnut Street
2nd District Alternative Community School Chestnut Street
3rd District Titus Towers II 798 S. Plain St
4th District South Hill School 520 Hudson St
5th District South Hill School 520 Hudson St
SECOND WARD
1st District GIAC 300 W. Court St
2nd District Titus Towers II 798 S. Plain St
3rd District GIAC 300 W. Court St
4th District TC Public Library 101 E. Green St
THIRD WARD
1st District Robert Purcell Comm. Ctr. Jessup Road
2nd District Belle Sherman Annex Cornell St
3rd District Belle Sherman Annex Cornell St
FOURTH WARD
1st District Class of '26 Hall 611 Stewart Ave
2nd District St. Lukes Lutheran Church 109 Oak Ave
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May 4, 2005
30
3rd District St. Lukes Lutheran Church 109 Oak Ave
FIFTH WARD
1st District Fall Creek School 202 King St
2nd District Fall Creek School 202 King St
3rd District Robert Purcell Community Ctr Jessup Rd
4th District Fall Creek School 202 King St
Carried Unanimously
Common Council’s Appointment to the Local Advisory Board of Assessment
Review – Resolution
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Ed Finegan and Robert Boothroyd be appointed to the Local
Advisory Board of Assessment Review.
Carried Unanimously
Motion to Enter Into Executive Session to Discuss Collective Bargaining –
Resolution:
By Alderperson Cogan: Seconded by Alderperson Mackesey
RESOLVED, That Common Council adjourn into Executive Session to discuss
Collective bargaining.
Carried Unanimously
Alderperson Berry left the meeting at 9:15 p.m.
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
CSEA Department of Public Works Unit Contract – Resolution
By Alderperson Whitmore: Seconded by Alderperson Zumoff
RESOLVED, That the agreement between the City of Ithaca and the CSEA Department
of Public Works Unit for a four-year contract commencing January 1, 2004 and expiring
December 31, 2007 be approved as recommended by the City’s negotiating team and
that the Mayor be authorized to sign and execute the contract on behalf of the City
under its corporate seal.
Carried Unanimously (8-0)
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Endorsing the US Mayors’ Climate Protection Agreement – Resolution:
By Alderperson Taylor: Seconded by Alderperson Whitmore
WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy
resolutions calling for cities, communities and the federal government to take actions to
reduce global warming pollution; and
WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international
community’s most respected assemblage of scientists, is clear that there is no longer
any credible doubt that climate disruption is a reality and that human activities are
largely responsible for increasing concentrations of global warming pollution; and
WHEREAS, recent, well-documented impacts of climate disruption include average
global sea level increases of four to eight inches during the 20th century; a 40% decline
in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the
past decade; and
WHEREAS, climate disruption of the magnitude now predicted by the scientific
community will cause extremely costly disruption of human and natural systems
throughout the world including: increased risk of floods or droughts; sea-level rises that
interact with coastal storms to erode beaches, inundate land, and damage structures;
more frequent and extreme heat waves, more frequent and greater concentrations of
smog; and
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May 4, 2005
31
WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to
address climate disruption, entered into force in the 141 countries that have ratified it to
date; 38 of those countries are now legally required to reduce greenhouse gas
emissions on average 5.2 percent below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than five percent of the world’s
population, is responsible for producing approximately 25% of the world’s global
warming pollutants yet is not a party to the Kyoto Protocol; and
WHEREAS, the Kyoto Protocol emissions reduction target for the U.S., had it ratified
the treaty, would have been 7% below 1990 levels by 2012; and
WHEREAS, many leading US companies that have adopted greenhouse gas reduction
programs to demonstrate corporate social responsibility have also publicly expressed
preference for the US to adopt precise and mandatory emissions targets and timetables
as a means by which to remain competitive in the international marketplace, to mitigate
financial risk and to promote sound investment decisions; and
WHEREAS, state and local governments throughout the United States are adopting
emission reduction targets and programs and that this leadership is bipartisan, coming
from Republican and Democratic governors and mayors alike; and
WHEREAS, many cities throughout the nation, both large and small, are reducing global
warming pollutants through programs that provide economic and quality of life benefits
such as reduced energy bills, green space preservation, air quality improvements,
reduced traffic congestion, improved transportation choices, and economic development
and job creation through energy conservation and new energy technologies; and
WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate
Protection Agreement (list attached) which reads:
The U.S. Mayors Climate Protection Agreement
A. We urge the federal government and state governments to enact policies and
programs to meet or beat the Kyoto Protocol target of reducing global warming pollution
levels to 7% below 1990 levels by 2012, including efforts to: reduce the United States’
dependence on fossil fuels and accelerate the development of clean, economical
energy resources and fuel-efficient technologies such as conservation, methan recovery
for energy generation, wind and solar energy, fuel cells, efficient motor vehicles, and
biofuels;
B. We urge the U.S. Congress to pass the bipartisan Climate Stewardship Act
sponsored by Senators McCain and Lieberman and Representatives Gilchrist and
Olver, which would create a flexible, market-based system of tradable allowances
among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global
warming pollution by taking actions in our own operations and communities such
as:
1. Inventory global warming emissions in City operations and in the community, set
reduction targets and create an action plan.
2. Adopt and enforce land-use policies that reduce sprawl, preserve open space,
and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails, commute trip reduction
programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, or example, investing in “green
tags”, advocating for the development of renewable energy resources, and
recovering landfill methane for energy production;
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May 4, 2005
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5. Make energy efficiency a priority through building code improvements, retrofitting
city facilities with energy efficient lighting and urging employees to conserve
energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S. Green
Building Council's LEED program or a similar system;
8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the
number of vehicles; launch an employee education program including anti-idling
messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater
systems; recover wastewater treatment methane for energy production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading and to
absorb CO2; and
12. Help educate the public, schools, other jurisdictions, professional associations,
business and industry about reducing global warming pollution.
NOW, THEREFORE, BE IT RESOLVED that the U.S. Conference of Mayors endorses
the US Mayors Climate Protection Agreement and urges mayors from around the nation
to join this effort.
BE IT FURTHER RESOLVED, The U.S. Conference of Mayors will establish a formal
relationship with International Council for Local Environmental Initiatives (ICLEI) Cities
for Climate Protection Program to track progress and implementation of the US Mayors
Climate Protection Agreement.
Carried Unanimously (8-0)
MAYOR’S APPOINTMENTS:
Bicycle Pedestrian Advisory Council:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Kenneth W. Mudge be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2005, and be it further
Board of Zoning Appeals:
RESOLVED, That William Olney be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2007.
Carried Unanimously (8-0)
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Townsend reported that the Shade Tree Advisory Committee had an Arbor
Day Celebration at Thompson Park and planted two sugar maple trees. They also
planted 250 bulbs in the traffic circle on Spencer/Albany Streets. The City of Ithaca won
its 10th Growth Award from the Arbor Day Foundation.
Mayor Peterson reported that the DEC sent accolades to Andy Hillman, City Forester,
and the work done in the city. There will also be the annual plant sale taking place at
Ithaca High School on Saturday, May 14, 2005 from 9:00 a.m. to 1:00 p.m.
Alderperson Taylor reported that the Rental Housing Advisory Commission held a public
forum at GIAC, which generated great input for the committee.
Alderperson Tomlan reported that the Parks Commission’s Adopt-A-Park Program kick-
off event would take place on Saturday, May 7, 2005 at DeWitt Park starting at 10:00
a.m. The event will include a self-guided tour/walking/biking/driving loop of the 24 parks
and natural areas in the City.
Alderperson Cogan reported on the Cable Access Oversight Committee and that it is
developing user fees for people not living in the City of Ithaca/Cayuga Heights/Town of
Ithaca and ways to keep the access studio open more.
Mayor Peterson reported on the disc golf kick-off demonstration fundraiser for the Big
Brothers/Big Sisters program that will take place at Stewart Park.
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May 4, 2005
33
REPORT OF CITY CONTROLLER:
Controller Thayer reported on sales tax revenue: January – March revenue remained
flat, but April rose to the projected amount due to sales from new development. The
tentative assessment roll for the City has been received and includes an 11.5%
increase, which means a 1.5 million dollar increase at the same tax rate.
He reported that calculated costs for the Fall Creek flooding were approximately
$36,000. At this point, he recommends no changes to the budget.
New York State has passed its budget, which included a 12.75% increase in aid to the
City in addition to $100,000 of supplemental aid, a total of $300,000 in New York State
aid due to the City on or before December 15, 2005. A three-year financial plan is
required to be submitted showing that property taxes were minimized, with employee
staffing levels being maintained.
He further reported that as a result of lowering the fund balance means low cash flow
balances and that RAN approval may need to be implemented.
Parking revenues have increased due to parking rate increases, but have not met
budget projections.
MINUTES FROM PREVIOUS MEETINGS:
Approval of April 6, 2005 Common Council Meeting Minutes and April 11, 2005
Special Common Council Meeting Minutes – Resolution
By Alderperson Zumoff: Seconded by Alderperson Whitmore
RESOLVED, That the April 6, 2005 Common Council Meeting Minutes be approved
with noted corrections and be it further
RESOLVED, That the April 11, 2005 Special Common Council Meeting Minutes be
approved with noted corrections.
Carried Unanimously (8-0)
ADJOURNMENT:
On a motion the meeting adjourned at 10:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor