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HomeMy WebLinkAbout11-24-14 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS OFFICIAL NOTICE OF REGULAR MEETING A meeting of the Board of Public Works will be held on Monday, November 24, 2014, at 4:45 p.m. in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Agenda 1. Additions or Deletions to Agenda (Items 1 -5: 15 min.) 2. Mayor's Communications 3. Communications and Hearinas from Persons Before the Board 4. Response to the Public 5. Reports Special Committees of the Board Council Liaison Board Liaisons Superintendent and Staff Other Department Heads 6. Approval of Minutes 7. Administration and Communications 8. VOTING ITEMS 8.1 Buildings, Properties, Refuse and Transit 8.2 Highways, Streets and Sidewalks A. Resolution to Modify the City of Ithaca Bicycle Boulevard Plan 8.3 Parking and Traffic 8.4 Creeks. Bridges and Parks A. Lake Street Public Park Enhancements — Resolution 8.5 Water and Sewer 9. DISCUSSION ITEMS 9.1 Approval of Stormwater User Fee Credits for Stormwater Utility Law 9.2 Revisions to Chapter 157 of the City of Ithaca Municipal Code entitled "Commons" 9.3 Disability Advisory Council 2013 Survey Results and Recommendations 10. New Business 11. Adjournment If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the meeting. The Board of Public Works meets on the second and fourth Mondays at 4:45 p.m. All meetings are voting meetings, opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author invited to attend. Notes for BPW Agenda, November 10, 2014 8.2A _Resolution to Modify the City of Ithaca Bicycle Boulevard Plan The enclosed resolution reflects the Board's discussion on November 10, 2014. A new map is included. 8.4A Lake Street Public Park Enhancements — Resolution A resolution is included for the Board's consideration, according to the November 10, 2014 discussion. 9.1 Approval of Stormwater User Fee Credits for Stormwater Utility Law The city has been working on creating a new Stormwater Utility for the past few years. A draft resolution for approved Stormwater User Fee Credits is presented for the Board's consideration. Also enclosed for review is a Stormwater User Fee Credit Application. 9.2 Revisions to Chapter 157 of the City of Ithaca Municipal Code entitled "Commons" The Commons Advisory Board has been discussing modifications to the current Commons legislation. Enclosed is a memo from City Clerk Julie Holcomb explaining the recommended changes, along with the full ordinance for the Board's review. 9.3 Disability Advisory Council 2013 Survey Results and Recommendations Larry Roberts will present the results of a survey administered in 2013 by the Disability Advisory Council. He will provide suggestions and recommendations to the Board to improve accessibility with the city. t--'Athu C-jehr%v O, Exec. asst. for M�chnelj. Thorwe, P.E. .supertvwtevWewt of PvbUr, WoOzs NOVeK,tber 20, 2014 Page 2 8.2A Resolution to Modify the City of Ithaca Bicycle Boulevard Plan WHEREAS, on September 24, 2012, the Board of Public Works adopted the City of Ithaca Bicycle Boulevard Plan dated September 12, 2012, prepared by the Office of the City Engineer, and WHEREAS, on October 12, 2012, Common Council authorized the submission of an application for funding under the federal Safe Routes to School program to implement portions of the Bicycle Boulevard Plan that related directly to Beverly J. Martin Elementary School, Fall Creek Elementary School, and Boynton Middle School, and WHEREAS, the City was awarded this funding and has begun preliminary engineering for the project, and WHEREAS, during the preliminary engineering phase of the project, additional public outreach has generated a conversation about reconsidering an alternative north /south route that was evaluated during early stages of preparing the Bicycle Boulevard plan, and WHEREAS, the Board of Public Works has been approached by the City's Bicycle Pedestrian Advisory Council, Bike Walk Tompkins, and Way2Go, requesting that the Bike Boulevard be built on Plain Street instead of Corn Street and Park Place, and WHEREAS, after careful consideration and further discussion with these groups and the Fire Department, staff is recommending changing the route of the Bike Boulevard to Plain Street instead of Corn Street and Park Place; now, therefore, be it RESOLVED, That the City of Ithaca Board of Public Works hereby approves the recommendation of staff to use Plain Street as a segment of the Bicycle Boulevard Plan and directs staff to progress the Safe Routes to School project using Plain Street instead of Corn Street and Park Place, and be it further RESOLVED, That the Board of Public Works directs staff to prepare an updated Bicycle Boulevard Plan to reflect these changes. Page 3 CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850 -5690 OFFICE OF THE CITY ENGINEER Telephone: 607/274 -6530 Fax: 607/274 -6587 To: Board of Public Works From: Tim Logue, City Transportation Engineer Kent Johnson, Junior Transportation Engineer Y' Date: November 19, 2014 Re: Proposed Route Change for the Safe Routes to School Project and Bicycle Boulevard Plan At your last meeting, we presented the concept of changing the route for the Safe Routes to School project, which implements a portion of the Bicycle Boulevard plan, for the long north /south route from the Southside neighborhood to the Northside neighborhood. At the time, staff was open to the change, but somewhat ambivalent. Since then, we have had a number of follow up conversations with the advocacy groups who spoke at the last meeting and who are in favor for moving the route over to Plain Street. Based on those conversations and the considerations below, staff recommends moving the route to Plain Street. Clarity, directness, usefulness The Plain Street route is obviously more direct if one is traveling from the northern end of the City to the southern end or vice versa. But it is also a better and more direct connection for many of the trips that will be promoted through the Safe Routes to School program. I can imagine a parent or two meeting a group of children at the Southside Community Center and then riding as a group, a Biking School Bus if you will, to BJM Elementary. Or, parents might ride back home after picking up their kids at GIAC afterschool programs. The Plain Street route is also more legible, intuitive, and easier to describe. This will make it a stronger component of our bicycle related infrastructure. Originally, in developing the Bike Boulevard plan, we had wanted to use Plain Street. After talking with the Fire Chief, however, we thought the trade -off of traffic diversion and more traffic calming options was worth moving a block over. If the interest in traffic diversion and calming is not strong (and it seems to not be), then Plain Street does become more of the preferred route. Crossing Busy Streets One concern that has come up in a recent public meeting and regularly in our conversations with other groups is the importance of crossing the busy streets of Green, Seneca and Buffalo. Two years ago, when we were preparing the plan, we Page 1 of 3 An Equal Opportunity Employer with a commitment to workforce diversification.­ Cra didn't get a lot of public feedback and we imagined that the higher priority would be reducing traffic volumes or speeds. As we have drawn closer to construction, we are getting more feedback and we are clearly hearing that the crossings are a higher priority than the treatments along the boulevard itself. So, we are refocusing on the crossings of these three streets. Currently, we have a separate project for the crossings of Green & Seneca streets; it may well be that we will want to pursue traffic control at these crossings as well, but this currently out of budget for the Safe Routes to School project and the Bulb -out project. Instead, we will begin to evaluate the warrants for traffic control at these intersections over the winter. We can then open the conversation with the New York State Department of Transportation and we can pursue the recent funding stream that is available to us for these streets. We knew that the Safe Routes to School project would be a first phase of implementation of the Bike Boulevard plan and that we would need a second phase to complete it. These crossings can be pursued as part of the second phase. The move over to Plain Street also avoids difficult left turns at Buffalo Street that would otherwise be required to jog from Corn Street to Park Place. At certain times of day, Buffalo Street carries a lot of traffic and these turns can be very tricky, even for an experienced bicycle rider. Crossing Buffalo Street at Plain Street, however, is not so challenging because there is already a traffic signal there, and the intersection is also the beginning of the school speed zone that wraps around the city block encompassing Immaculate Conception school, BJM Elementary school and GIAC. There is also a signal at Plain and Court streets. Equity In short, Plain Street is an historic and popular connection between Southside & Northside. We are hearing that instead of expecting people to go out of their way to find a bicycle and pedestrian priority street, we should take advantage of what many people are already doing, and that an investment in Plain Street is more likely to benefit people from all walks (or rides) of life and more likely to avoid what is at least a perception by some that Corn Street and Plain Street are used by different kinds people along lines of race and class. In my opinion, Plain Street is a stronger step toward ensuring a safe route to school and a bike boulevard for a more underserved population in the City. Corn Street and Plain Street Similarities Traffic volumes and traffic safety dynamics at the four intersections (the two along Corn Street at Green and Seneca, and the two along Plain Street at Green and Seneca) are essentially the same. Recent traffic counts indicate that traffic volumes are very similar on Corn Street and Plain Street; both streets carry between 2,000 and 2,500 vehicle per day (this is actually an extrapolation of an hourly count and may be overestimating the daily volumes). Page 2 of 3 Traffic collisions also are very similar at the four intersections. For the three year period from December 2007 to November 2010, the following average number of collisions was reported: Corn & Seneca: 2 crashes /year Plain & Seneca: 4 crashes /year Corn & Green: 2 crashes /year Plain and Green: 3 crashes /year In my opinion, the difference among 2 crashes per year, 3 crashes per year, or 4 crashes per year is not significant. Each intersection had one pedestrian collision in the three year period. If there was any identifiable pattern (and this is a little stretch), it seems to be motorists sideswiping another car in the intersection as they consider making a left turn from the right lane, or just changing lanes. There were a number of "failure to yield the right of way' collisions where someone on the side street did not yield properly to someone on the main street. In any case, the Green and Seneca Intersection Bulb -out project, which will be bid for 2015 construction should help temper the crash rate by giving motorists better sight lines for the cross street and by slowing the traffic on the main street. Emergency Response I believe the Bike Boulevards can co -exist with emergency response needs. If the interest is not so much on traffic diversion or traffic calming, but rather on crossing the busy streets, then I don t see a major issue with emergency response. I understand Chief Parsons' interest to fully see what is coming and not get "incrementalized." I think it would be fair to say that along Plain Street, we would pursue traffic control at Green and Seneca (which may actually benefit IFD, especially if we move forward with signal pre - emption one day) and that we will coordinate with the Fire Department on anything else. I could imagine looking into some traffic calming devices such as speed pillows that allow for general traffic calming without having an impact on emergency response. I could imagine a future interest in traffic diversion, but outside of the critical emergency response zone from Green to Buffalo Streets. In any case, I am hearing a genuine recognition of the Fire Department's concerns and a willingness to work with them for any future enhancements. Based on this, I do not see a significant conflict between the Bike Boulevard treatments and emergency response operations. Please find enclosed a resolution for your consideration and a map illustrating the changes to the route. If you have any questions about this project or this decision, please feel to reach out to either of us. You can reach us at 274 -6530 or by email at TLogue@cityofithaca.org or KTohnson@cityofithaca.org. Page 3 of 3 Safe Routes to School Bike Boulevard Network More project information at tinyurl.com /IthacaSRTS 44 l��eei o! Eoyntc'n =c die sch l .Key T,aft-calmed NeighbeFilmd ROIAts Attending M9eeeety Martin ■ Speed Humps Eiemattary a a G14'01$ SOW r ".J £:xtbsPsion Neap8 bOTTe 000 Anending Fall fee "Creek 91esA�9er'rent�•:y Sc,:, ®d and scrrtoo Wddle Sc^cte r ♦rr ♦o,� `r . . Fail Creek +� �;: ¢♦ �.''' '' . ta School ry ra I. prt HN1.. r• - ' + •� r Beverly J Pdartdn.,�_ =- � . ESFmentary Sc1b � -. ,: x,C�L •�.t:.h � � � x f* i 1 . w: w i w;•� !�� ♦♦ !♦ 4 • ♦ w 8.4A Lake Street Public Park Enhancements — Resolution WHEREAS, the City of Ithaca Department of Public Works has undertaken a project to rehabilitate Lake Street Bridge over Fall Creek, and WHEREAS, the project for the rehabilitation of the Lake Street Bridge Over Six Mile Creek, P.I.N. 375534 ( "the Project ") is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA) that provides for reimbursement of up to 80% of expenditures incurred by the City for rehabilitation of the bridge, and WHEREAS, the City of Ithaca established Capital Project #791 for the Project in the amount of $1,464,250, and WHEREAS, Department of Public Works Staff recommends Lake Street Public Park safety improvements and aesthetic enhancements ( "Enhancements ") to the existing public park located at the southeast corner of Lake Street Bridge over Fall Creek, and WHEREAS, the Enhancements are not included in the project budget and is not eligible for reimbursement by the FHWA, and WHEREAS, the estimated additional cost to implement the Enhancements is $195,000, and WHEREAS, the Enhancements will be eligible for funding from various sources, and WHEREAS, the Department of Public Works has received approval for $30,000 in matching funds from Ithaca Urban Renewal Agency- Community Development Block Grant, and WHEREAS, the Department of Public Works can charge a portion of eligible costs against the City's Sidewalk Program, and WHEREAS, the Enhancements will be eligible to apply for funding from Tompkins County Tourism Capital Grant program in 2015, now therefore be it RESOLVED, That the Board of Public Works authorizes Staff to undertake said enhancements as part of Lake Street Bridge Rehabilitation Project, and be it further RESOLVED, That the City of Ithaca Board of Public Work hereby recommends that Common Council to increase Capital Project #791, Lake Street Bridge Rehabilitation Project, by $195,000 for a total project authorization of $1,659,250. Page 4 9.1 Approval of Stormwater User Fee Credits for Stormwater Utility Law — Proposed Resolution WHEREAS, on August 6, 2014, Common Council adopted a local law authorizing the creation of a Stormwater Utility and the Establishment of a Stormwater User Fee, creating a new Chapter 283 of the City Code, entitled "Stormwater Utility", and WHEREAS, the Stormwater User Fee charged for a lot is based on the amount of impervious surface area on the lot, and WHEREAS, Section 283- 2(C)(1) of the City Code allows eligible owners to file an application contesting the calculation of impervious surface area on their lot, and WHEREAS, Section 283 -3 of the City Code authorizes Stormwater User Fee Credits for those practices or structures that reduce the quantity and /or improve the quality of runoff from eligible properties and are included on a list of "Approved Stormwater User Fee Credits," to be established by the Board of Public Works and maintained by the Superintendent of Public Works, and WHEREAS, Section 283 -3(E) requires an eligible property owner to apply for Stormwater User Fee Credits in a form that is satisfactory to the Superintendent, now therefore be it RESOLVED, That the Board of Public Works establishes the following list of Approved Stormwater User Fee Credits, to be updated by the Board from time to time: Treatment Quality Credits New York State Department of Environmental Conservation 2010 Stormwater Design Manual Reference Section Rain Garden 5.3.7 Green Roof 5.3.8 Stormwater Planter 5.3.9 Porous Pavement 5.3.11 Bioretention F -5 6.4 Quantity Attenuation Credits Stormwater Pond 6.1 Stormwater Wetland 6.2 Stormwater Infiltration 6.3 Stormwater Filters 16.4 Open Channel 0-1 6.5 , and be it further RESOLVED, That the Board of Public Works approves the attached "Stormwater User Fee Revision /Credit Application" as a form by which owners may: • contest the calculation of impervious area on their lot under 283- 2(C)(1), and • apply for Stormwater User Fee Credits under 283 -3, in a manner that is satisfactory to the Superintendent under 283 -3(E), and be it further Page 5 RESOLVED, That the Board of Public Works establishes Application Fees to pay for a portion of the staff time and processing costs involved in reviewing applications in the amount of $ for Part 1 of the application or $ for both Parts 1 and 2 of the application, and be it further RESOLVED, That no approved credit shall take effect prior to January 1, 2015. Page 6 L City of Ithaca Stormwater User Fee Revision /Credit Application INSTRUCTIONS This form is to be used to request revisions to the Stormwater Utility User Fee (PART 1), or to request a credit for stormwater quality or quantity mitigation measures (PARTS 1 and 2). The application fee for PART 1 is $50. The application fee for PARTS 1 and 2 is $200. Completed forms may be submitted to the Superintendent of Public Works. Residential properties categorized by the County Assessor as 1 -, 2 -, or 3- family homes may not apply for credits, and will not be able to reduce their Stormwater User Fee by applying for revisions unless those revisions reduce the property's impervious surface area to less than 1/4 ERU (575 sf). PROPERTY INFORMATION Property Address Tax Parcel Owner Additional Parcels Owner Address Additional Parcels City, State, ZIP Phone PART 1 -- USER FEE The User Fee is based on the amount of impervious surface area on a parcel. Impervious surfaces include rooftops, concrete or asphalt paving, compacted gravel, or other surfaces identified in the Stormwater Utility Law. The total impervious area (in square feet) is converted into Equivelant Residential Units (ERUs) rounded up to the nearest 0.25 ERU, and each ERU is charged an annual Stormwater User Fee. One ERU is equal to the average impervious surface area of 1, 2, and 3 unit residential properties within the City of Ithaca. 1 ERU = 2,300 sf Annual Fee per ERU = $ 48.00 Example: The total impervious area of a commercial property (rooftops, paved areas, patios, etc.) is 62,860 sf. The number of ERUs is: 62,860+2,300= 27.33 ERUs = => 27.50 ERUs The Annual User Fee is: 27.50x$48.00=$1,320.00 The current User Fee for the property listed above is based on the impervious surface area shown on the City of Ithaca GIS system. If the applicant wishes to revise the User Fee, please attach drawings indicating the revised calculation. Requests for revisions will be field verified by the Department of Public Works. Current User Fee Revised User Fee (if Requested) Total Impervious Area Requested Impervious Area ERU Conversion Factor 2,300 ERU Conversion Factor 2,300 Number of ERUs 0.00 Revised Number of ERUs 0.00 Annual Fee per ERU $ 48.00 Annual Fee per ERU $ 48.00 Annual User Fee $ - Requested Annual User Fee DPW Approved User Fee® DPW Reviewer Comments Reviewed By: Date: MA V,1- City of Ithaca Stormwater User Fee Revision/Credit Application I Property Address Tax Parcel I I CALCULATED USER FEE CREDIT I Requested Credit: #DIV/01 DPW Approved Credit: I DPW Reviewer Comments Reviewed By: Date: City of Ithaca Stormwater User Fee Revision /Credit Application LIST OF APPROVED STORMWATER USER FEE CREDITS Quality3 Quantity" Treatment Treatment Approved Reference Design Efficiency Design Efficiency Mitigation Measures' Section Criteria Credit Criteria Credit Stormwater Qualitys Rain Garden 5.3.7 WQ„ 100% N/A Notes Green Roof 5.3.8 WQ„ 100% N/A Note 5 Stormwater Planter 5.3.9 WQ„ 100% N/A Note Porous Pavement 5.3.11 WQ„ 100% N/A Note 5 , Bioretention (F -5) 6.4 WQv 100% N/A Notes Stormwater Quantity6 Stormwater Pond 6.1 WQ„ Note 6 QP 100% Stormwater Wetland 6.2 WQ„ Note 6 QP 100% Stormwater Infiltration 6.3 WQ„ Note 6 QP 100% Stormwater Filters 6.4 WQ' Note 6 QP 100% Open Channel (0-1) 6.5 WQ' Note 6 QP 100% Notes: 1 Mitigation measures are reviewed and approved by the Board of Public Works. If the applicant is proposing a new mitigation measure, provide information to the Superintendent of Public Works for consideration. 2 Reference Section is from the 2010 Stormwater Design Manual (SDM) prepared by the New York State Department of Environmental Conservation (NYSDEC) which can be downloaded in PDF format at: http://www.dec.nv.gov/chemical/29072.htmi 3 Full Stormwater Quality credits will be granted if the mitigation measure is designed and constructed in accordance with the referenced section of the 2010 SDM for treatment of the Water Quality Volume (WQv) as defined in the manual. 4 Full Stormwater Quantity credits will be granted if the peak discharge from the 10 -year, 24 -hour storm (QP) is reduced to the pre - development peak discharge. Partial credit will be pro -rated based on the ratio of peak flow mitigated to the 10- year peak flow mitigation, up to 100 %. For example, if the 10 -year peak discharges from the pre- and post - developed site are 5 and 20 cfs respectively, the peak flow must be mitigated by 15 cfs to receive full credit. A mitigation structure that reduces the 10 -year peak flow to 12 cfs would receive a credit of (20- 12)/(20 -5) = 8/15 = 53% credit. s Individual Stormwater Quality measures have minimal effect on stormwater quantity. However, if an applicant demonstrates that the combined effect of several stormwater quality mitigation measures results in reduced runoff, quantity credit will be granted as described in Note 4. A separate stormwater credit application will be required. 6 Stormwater Quality credits will be granted if the stormwater quantity measure also treats the water quality volume WQv per the SDM. Reviewed By: Date: CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850 -6590 OFFICE OF THE CITY CLERK Telephone: 607 - 274 -6570 Department of- Public Information & Technology Julie Conley Holcomb, City Clerk Fax: 607 - 274 -6432 CONCEPT MEMO To: Board of Public Works Common Council From: Julie Conley Holcomb, City Clerk Date: November 18, 2014 Subj: Revisions to Chapter 157 of the City of Ithaca Municipal Code entitled "Commons" History: The original Commons legislation was adopted as an appendix to the City Code in 1975 as the "Commons Operations Manual and Vending Cart Regulations ". As such, it was `intended to be a guideline, not a law; it should be changed as necessary to respond to experience, current needs and attitudes." It became difficult over the years as societal behaviors started to change and there was no legislation that could be cited by enforcement officials when violations to the original guidelines occurred. In 2005, Chapter 157 entitled "Commons" was enacted for the purpose of providing a law that could be enforced when needed so that Commons could be enjoyed for its many purposes. In 2015, the newly renovated Commons will once again be fully available to its many users and the Commons Advisory Board along with members of City staff thought this would be a great opportunity to update the legislation to reflect the infrastructure changes and the significant investment that has been made in the community. Intent: This memo is intended to highlight any significant changes proposed in the legislation and to explain the rationale behind it. § 157-4. Creation of Board; responsibilities: The Commons Advisory Board acknowledges that a membership of 14 members is too difficult to maintain. They are proposing that the total membership be reduced to 9 members: 6 members to be appointed by the Mayor with approval of Common Council (with a balance of people from within the business district and outside of it) and 3 voting ex- officio members — the Director of the Downtown Ithaca Alliance, the City Clerk, the Superintendent of Public Works or their designees. § 157 -7. General Commons rules; signs, displays and temporary planters. (2) Noise Permits: The Commons Advisory Board would like to legislation what current practice is. Weekday use of amplified sound is restricted to the lunch hour (11 am — 2 pm) and after 5:00 pm so that business can be conducted comfortably within the buildings in close proximity to the performance stage. For every hour of music, performers must schedule 20 minutes of quiet time to give businesses and residents a brief reprieve from the sound. Special events that have been permitted by the city's Special Event Team are exempt from this provision. (3) Requests for multiple events in a calendar year. This provision is intended to prevent people from monopolizing the performance stage, especially since we're down to one. It also prevents people from reserving the pavilion and not using it, doing so to prevent other people congregating there. § 157 -9. Vehicles on the Commons The Commons Advisory Board and the City Clerk's Office would like to establish hours that vehicles can be on the Commons without having permits issued to them. We recognize that many businesses and renters need to have vehicles on the Commons; however, we're seeking to balance that need with pedestrian safety concerns and not allow the Commons to become a parking lot or an active street after regular business hours. We also are concerned about vehicle weights and the strength of the paving surface. § 157 -12. Dogs and Other Animals The Commons Advisory Board is in favor of allowing dogs that are licensed, adequately restrained, and under the control of its owner, on the Commons. Currently, the only dogs that are allowed on the Commons are dogs that belong to people who work or live on the Commons. The dog owners are required to get a special permit that allows them to walk the dogs on the Commons directly to their place of business /residence using the closest entrance to the Commons. Historically, allowing dogs on the Commons has been a controversial issue that seems to be evenly split among those in favor and those opposed. Many people do not realize that dogs are not allowed on the Commons and leave the area once they are made aware. Many merchants view this as lost revenue generating opportunities. Other people do not support dogs on the Commons because of aggressive dog concerns, and irresponsible owners not cleaning up after their dogs. In the past, the DIA has offered to provide doggie stations. The language used in this section was copied from another chapter in the City Code. § 157 -13. Posting of bills and notices This section acknowledges the new information kiosks that will be installed near the main entrances to the Commons. T hese kiosks will be maintained by the DIA. 2 § 157 -14. Newsracks The Commons will have new newsracks that allow for multiple publications within one structure. The Commons Advisory Board will approve a policy for the use of the newsracks (ie. if there is greater demand than supply, how the choices between publications will be made) and the DIA will administer the placement and maintenance of the newsracks. § 157 -15. Refuse This language reflects the current practice put into place during the Commons construction. The system appears to be working very well and the Commons Advisory Board would like to see it continue. § 157 -20. Street Performers The city and Commons merchants have long held a love /hate relationship with street performers. While they add a level of vibrancy to downtown, not all performers are equally talented and constitute a nuisance. We've had several negative experiences with performers and have not had legislation in place to address them. The Commons Advisory Board considers the opportunity to perform on the Commons a privilege, and would like to set expectations and requirements for people to follow. Article III. Outdoor Dining § 157 -20. Applications; rules of operation; permits; appeals. Overall the city's outdoor dining program is very successful. One consistent issue we have each year is the creep that occurs with tables and chairs on pedestrian walkways. In addition to marking outdoor dining spaces, we would like to require restaurants to post a certificate in their windows indicating that they have an outdoor dining permit. This certificate would also include a sketch of the number of tables and the placement of them that has been approved as part of the permit. Syracuse is currently using a system like this and it appears to assist enforcement officers when they get complaints from pedestrians. It makes the agreement made between the city and the restaurant completely transparent. Article IV. Mobile Vending: §157 -21 Mobile Vending Cart Regulations: The Commons Advisory Board and members of city staff support new mobile cart regulations that would require vendors to have battery- operated, self - contained, wheeled carts. With the $15 million investment in downtown, we feel that it is important that vendors on the Commons have a professional business appearance. They are also designed to protect the surface of the Commons. These requirements were borrowed from Burlington, Vermont and customized for our pedestrian mall. If you have questions or would like further information regarding the Commons, please feel free to contact me at iholcombCa�cityofithaca.org, (607) 274 -6570; or Commons Advisory Board Chair Kris Lewis at krisO- downtownithaca.com , (607) 277 -8679. 3 ORDINANCE NO. 2015- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 157 of the City of Ithaca Municipal Code entitled "Commons" be amended as follows: Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and replaced with the following: Article I. General Provisions; Commons Advisory Board 4 157 -1. Title. This chapter shall be known and may be cited as the "Ithaca Commons Rules." 157 -2. Purpose. The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area. 157 -3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: COMMONS ADVISORY BOARD That board, duly appointed by the Mayor, with approval of the Common Council, charged with various activities and /or powers relating to the Ithaca Commons by the Common Council. ITHACA COMMONS A. The following described two areas: (1) PRIMARY COMMONS — That area of public property between the south building lines on the north side and the north building lines on the south side of the former bed and associated sidewalks of East State /East Martin Luther King, Jr. Street between the east line of Cayuga Street and the west line of Aurora Street and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of North Tioga Street between the north line of East State Street/East Martin Luther King, Jr. and the south line of Seneca Street. (2) SECONDARY COMMONS — That area of public property between the south building lines on the north side and the north building lines on the south side of the 100 and 200 blocks of East Green Street, the 300 block of East State /East Martin Luther King, Jr. Street, the 100 block of West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca Street and the public property between the east building lines on the west side and the west building lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the 100 block of North Cayuga Street. B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary Commons and the Secondary Commons as described above. FITHACA DOWNTOWN PARTNERSHIPI ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT A not - for - profit business improvement league which engages in the following program areas for downtown Ithaca: business retention and development; promotions and marketing; government relations; image marketing. The Ithaca Downtown Business Improvement District is also known as the Downtown Ithaca Alliance (DIA). NEWSRACKS Any self - service or coin- operated box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or other news publications. SHOPPING CARTS Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on wheels, manually operated that is generally provided by merchants /stores for the conveyance of merchandise, foodstuffs and other property to automobiles and other places. STANDARD AWNING A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard awning must be capable of being rolled up or retracted to within one foot of the face of the structure to which it is attached. Such standard awning must not be capable of projecting from the face of the structure upon which it is mounted more than four feet from the face of the structure and must be no taller than four feet. The standard awning must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard awning of seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. STANDARD CANOPY A nonstructural addition to the facade of any building, which is covered in fabric or other flexible membrane. The fabric or membrane is supported by a rigid frame of tubing or other noncombustible material. A standard canopy is one that is constructed so that it cannot be retracted. Such standard canopy may only project from the face of the structure upon which it is mounted four feet from the face of the structure and may be no taller than four feet. The standard canopy must be mounted on the face of the structure to provide for an unobstructed clearance below the rigid frame of the standard canopy of eight feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid frame. 2 § 157 -4. Creation of Board; responsibilities. A. There shall be a Commons Advisory Board as follows: (1) Membership. The membership of the Commons Advisory Board shall consist of 4-4 nine total members. Six members will be appointed by the Mayor with the approval of Common Council and membership shall be balanced between members inside and outside of the Downtown Ithaca Business Improvement District. The Executive Director of the [IthaGa Downtown PaFtno.rhir,) Downtown Ithaca Alliance, the City Clerk, and the Superintendent of Public Works or their designees shall serve as voting members. Board members will be serve staggered two -year terms. (2) Officers. The Commons Advisory Board will have two officers a Chair and Vice Chair, to be elected at the first regular meeting of each calendar year at which there is a quorum present. Nominations for these offices will be made from the floor with election by a majority of those members present at the meeting. (3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected by the Board. (4) Quorum. A quorum will consist of eW five members. (5) Action. Action may be taken by vote with a quorum of e4m five members present at a regular or special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a majority of members present. (6) Meetings. Regular public meetings will be held with the place and time to be determined by the Board. Special meetings may be called at any time by the Chair or a majority of Board members. Members will be notified of scheduled meetings by !-mail at least three days in advance. (7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically and a report thereof, including recommendations for modification, submitted to the Mayor and Council. B. The Commons Advisory Board shall have the following responsibilities: (1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to delegate and revoke activities relating to the matters listed below: (a) Use of the Commons; issuance of permits. 3 [1] Use of the Commons for, and scheduling of, any of the following purposes: [a] Entertainment. [b] Cultural, social, civic, religious, and educational events. [c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending carts. [2] In circumstances when there is not adequate time to convene the Advisory Board to review a permit request, the Chair may, with the concurrence of five additional Board members through e-mail correspondence, authorize the issuance of a permit. The Board may authorize the Chair alone, or the City Clerk, to approve certain types of permits as specified. (b) Type, size and placement of private advertising and identification signs on the Commons in accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall not be required when the private advertising and /or identification sign is in connection with a marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (c) Design and placement of public identification, informational and directional signs and graphics on the Commons. (d) Design and placement of, and materials used in, street furniture, such as benches, outside dining facilities, trash containers, flags, kiosks, [phone booths], playground equipment, commemorative plaques, and similar items used on public property on the Commons. (e) Design, placement and use of decorations on the Commons. (f) Installation or use of public or private sound amplification and transmission systems or equipment on the Commons. (g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and to make such other recommendations to the Mayor and Council and other public boards, officials, groups, or individuals as may be appropriate relative to the operation and administration of the Commons. (2) Indirect. The Commons Advisory Board will review and advise on those matters listed below: (a) Type, placement and amount of landscaping on the Commons. (b) Public lighting on the Commons. rd (c) Public and private construction, renovation and rehabilitation of building facades and open spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual effect and operational impact, provided that such review and advice shall not be required when the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where the approval for such marquee, canopy or sunscreen has been granted by the Planning and Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170, Encroachments. (d) Public maintenance and repair on the Commons. (e) Traffic movement, parking and delivery methods around the Primary and Secondary Commons. (f) General maintenance of order on the Commons. (g) Placement, size, and type of public artwork, in any form, on and around the Primary and Secondary Commons. Article II. Use of the Commons § 157 -5. Commons permits. A. Permit classes. Commons use permits will be required for all events, activities, displays, exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in accordance with the provisions of this section. General classes of permits that will be referred to the City Clerk or the Commons Advisory Board include: (1) Commons use permits, including pavilion reservations, special event permits, information table permits, mornhant requests to display ,.,,,, , and driving on the Commons. For information on Commons loading zones, see § 157 -9H. (2) Use of amplified sound on the Commons including public address systems, bullhorns, sound amplifiers, and loud- natured acoustical musical instruments, such as horns, drums, and other percussion instruments. ( ,1 94[Y . - - ---- --- with - - - -_- owner- ata44knes-. (4) External speaker permits for businesses on the Commons which utilize external sound systems that project onto the Commons. (5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons space permits for use by the [Ithaca Downtown Partnership] Downtown Ithaca Alliance. (6) Mobile vending agreements. iRGludiRg FneRthly, seasonal, and annual YeRding B. Permit issuance. (1) All requests for permits must be submitted to the City Clerk's office. The City Clerk may ask for additional information, and or request a personal appearance before the Commons Advisory Board to present the details of a permit application. (2) Review of permit requests shall include scheduling of specific times [and] duration, and location of the proposed use or activity [, length of time that the permit is to be valid, and]. It may also include any special conditions or restrictions that should be placed on the permit. Permits will be approved by the City Clerk or his/her designee for a specific activity, specific date, specific time period, and specific location on the Commons. (3) The Commons Advisory Board shall serve as an appeals board for people whose permit applications have been denied or who feel that unreasonable restrictions have been placed upon their permit. (4) When a request is approved or conditionally approved by the Board, the issuance of a permit will be authorized subject to any conditions which have been imposed by the Board or which may be required by the City. Permits will be issued by the City Clerk or his /her designee. The applicant will be notified of the Board's decision within five business days after a decision has been rendered. (5) Any permit which has been reviewed and approved by either the City Clerk or the Commons Advisory Board may be revoked or amended if it is determined that the activity for which the permit was issued is not being carried out in a manner that meets the terms of the permit. (6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons therefor in writing within five business days of the decision. (7) The City Clerk will be responsible for notifying appropriate City staff of permit issuance. (8) A record of all Board actions will be maintained pursuant to applicable laws. C. Report of permit activity. A report on requests for permits and approved activities scheduled will be made at the regular meeting of the Commons Advisory Board. 0 S 157 -6. Responsibilities of permit holder. A. The responsibilities of the permit holder shall be: (1) To supervise all materials, displays, products, equipment, and volunteers. aed-aR other m.+tedal at all times. (2) To entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time and to leave the Commons in the same or better condition than when the event began. (3) To remove [or] and properly dispose of all litter and trash created by the p9FMit fielders activity, use, or event. (4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or equipment used in any activity or event on the Commons and for any damages, accidents or incidents which may occur in conjunction therewith. (5) To show proof, when required by the City Clerk, that liability insurance in an amount to be determined based on the nature of the event has been obtained, naming the C11 of Ithaca as an "Additional Insured" on the certificate. (6) To comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory Board and the City of Ithaca. i^ issuing a permit (7) To provide a security deposit, when required by the Superintendent of Public Works,, the Commons Advisory Board or the City Clerk, to cover anticipated cleaning and repair costs. (8) To show proof, when required, of various documents including a New York State sales tax certificate or Health Department certificate. B. A permit holder or vendor shall not discriminate against the people attending his or her event or patronizing his or her business because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. 4 157 -7. General Commons rules; signs, displays and temporary planters. [Amended 4 -5 -2006 by Ord. No. 2006 -10] A. The following rules apply to all uses and activities on the Commons: (1) The f[F]ire lane[s are] is to be kept open and free of any obstructions at all times. No exhibit or item will be permitted to locate in [a] the fire lane. (2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m.[, and]. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the 7 Commons. Amplified sound, is allowed on the Commons by permit only. On weekdays, amplified sound is allowed from 11:00 a.m. to 2:00 p.m.: and 5:00 p.m. to 10:00 p.m. On Saturday and Sunday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers will be required to schedule 20 minutes of quiet time for every hour of amplified sound. bey9nd 10.09 p.m.1 Requests to extend the hours of amplified sound may be made to the Commons Advisory Board. [without special permission by the Commons Advisory Board.] These regulations do not pertain to Special Events that are regulated under 4132- 7 of the City of Ithaca Municipal Code. (3)No � user will he nerrr,i #ed }e reserve a Ioee }inn on the Gerr mens fer more than five rr0 vv. Will rv� � � naavaa av reserve ry u events in any nelendaF year with the evenn }inn of the [I}hena Downtown PaFtnership] ^.v� Baas �.�-.u,,�.1'�`� �@HFRt_9 aGa Allwange A single even} is defined as heir.@ limited to +L...... days On duration. A nnlinen }s reques ting events of a longer rlure }ion w,ev he . Requests for multiple permitted events (3 or more) in a calendar Year, by a single user requires approval by the Commons Advisory Board. Requests for weekly recurring events will be considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays. (4) Rain dates will not be scheduled at the time the original permit is issued but, in case of rain, every effort will be made to reschedule the event at the earliest appropriate time upon written request from the event organizer. Reapplication for a permit will not be required. (5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and businesses shall be is prohibited. (6) No person shall litters [of] throws or scatter material of any kind on the Commons. (7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons shall not be permitted without a ,veRding agreement valid ep rmit, except that the sale of event - specific items and items related to, and being sold by, a not - for - profit organization, or a business located on the Primary/Secondary Commons shall be allowed pursuant to approval and permit by the City Clerk and/or Commons Advisory Board. (8) Promotional, advertising, banners or other materials are not to be placed across the Commons or affixed to any pavilion[s] or other infrastructure, except in cases where a Ge''' mens use permit has been approved. (9) No person shall climb upon or permit minors in his/her custody to climb upon the fountain struGtuFe, any structure, public art piece, light poles,, of trees, or into planters on the Commons. N: (10) No items or animals shall be leashed, affixed or bound to any light poles, trees, planters, pavilions or other infrastructure on the Commons, except in cases where approval by the Department of Public Works or the City Clerk has been granted. (11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons merchants would be allowed to display and sell merchandise on the Ithaca Commons. [with a Commons use permit approved by the Commons Advisory Board.] (12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of Ithaca Municipal Code. (13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the Commons Advisory Board. 14) Shoppina Carts as defined in §157 -3 above are not allowed on the Commons. B. Signs; merchandise displays; temporary planters. A business, organization, or establishment may have a signs and /or displays, to advertise the business in that location. Outdoor display of goods and merchandise are limited to the items sold within the retail establishment, subject to the following restrictions or privileges: (1) There may be one a total of two freestanding signs or displays (filet per business entrance, regardless of the number of businesses or organizations within the building. Where the word "sign" is used alone hereinafter, it refers to a sign or display. (2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Est lane, abut the buniding, wdending only 24 inrhes 1RtG the sidewalk area or to the fare Whinhever is less. Signs may not extend beyond 7 feet from the building front. in+ fib. For the Secondary Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb of the street in front of their building face, not blocking the opening of car doors or access to parking meters, and must allow at least 60 inches (five feet) for a pedestrian right -of -way between the sign and the buildings. (3) All signs must be made of durable material and be heavy enough to remain in place in all weather and must present a professional appearance. (4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or broken sections. mod- Outdoor signs and displays must not include any objects with sharp edges, protrusions or other features which may be hazardous to the public. (5) Merchandise displays may be 60 inches tall. Rde)der^d -244- iRGhe6 into the sidewalk aFea oF te the fire lane, whinheVer 06 less Displays may not extend inte the fire lane beyond 7 feet from the building front. The display base shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough to remain standing in all weather. Displays must be maintained in good condition. [a the signs The owner of signs or displays must keep the area around the signs clear of snow and debris on and around the signs at all times. (6) Temporary planters for flowers and plant display shall abut the building and extend no more than 4-9 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 48 24 inches tall at the lip of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled with plants or flowers, and must be kept free of snow and debris in and around the planters. (7) No sign, merchandise display or planter may block or obstruct a fire suppression system affixed to a building or impede traffic flow in or out of building entrances. (8) Businesses with outdoor dining permits must keep their signs, merchandise displays and planters within their designated outdoor dining area. (9) All signs and merchandise displays must be taken in at the close of the business day and inclement weather conditions. (10) Downtown Ithaca Alliance [The Ithaca Downtown Partnership] shall be allowed to place signs f ^r ^^m,,. unity eveRts and GORG8 +° at or near the Bernie Milton Pavilion [ ] and the twee four entrances to the Commons (Aurora Street, Cayuga Street, and Seneca Street and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes. (11) c�Outdoor food sales and memhandise disp - a—d piantem are not permitted during Special Events on the Commons. Outdoor dining establishments with an agreement with the Citv are exempt from this provision. list„ d as fe im: rMM 1MM ►s arirCST- T�TS:TTS7T7E7:LTSt�?illlV/T7 E: (12) The building owner shall be liable for any violations under this Section. and j! The building owner is responsible for following the requirements of the City of Ithaca Sian Ordinance (Chapter 272) in determining the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner may not charge any fees for the use of a sign in public space. § 157 -8. Amplified sound, lights and other electrical equipment. A. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others. withiR aFly buildeng , Fat a distaRGe of 26 feet OF greater. Refer to City of Ithaca Municipal Code Chapter 240 entitled "Noise" for further information. B. Except by special permit issued by the Commons Advisory Board or its designee, no person shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other device from on or inside any building on the Ithaca Commons, the sound from which is directed outside towards the pedestrian mall. 10 C. The provisions of Subsections A and B above shall not apply to emergency warning devices, sirens, alarms or other devices being used solely for public safety purposes. D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m., and between 5:00 p.m. and 10:00 p.m., Monday through Friday, and between 10:00 a.m. and 10:00 p.m., Saturday and Sunday, upon approval of a noise permit by the Commons Advisory Board or its designee. Sound levels should be kept low and subject to immediate volume reduction upon [when] request[ed] by any City official, staff member of the Downtown Ithaca Alliance [Ithaca Downtown Partnership], or member of the Commons Advisory Board. E. The use of supplemental lighting, movie and slide projectors and any other type of electrical equipment or display will be carefully reviewed by the City Clerk, City Electrician, and the Commons Advisory Board so as to minimize nuisance or hazard conditions. 4 157 -9. Vehicles on the Commons. A. Only service and business delivery vehicles are allowed on the Commons pursuant to the appFeval of a Gemmens, use permit Permits. shall he issued for use between 6:30 am and 9:30 a.m. and between 9:30 p.m. and 12:00 am each day of the week except on days when major festivals are planned. All vehicles shall enter the Commons on the West end (Cayuga Street) and exit on the East end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear access should continue to use that space for deliveries and service work. Vehicles may not be unattended for more than 5 minutes. No parking of vehicles is allowed. Requests to drive a vehicle on the Commons during daytime hours, vehicles with a gross weight over 10.000 pounds, and vehicles with trailers, require additional consideration and permission granted by the City Clerk and /or the Mayor. before a G inens I Ice Permit Fray he iss red B. Vehicles shall not operate at a speed greater than five miles per hour, and the use of a flagger and /or hazard flashing lights is required. C. If it is necessary for vehicles to operate in reverse gear while on the Commons, a flagger is required. This provision shall not apply to emergency vehicles when operating during an emergency situation. D. Any vehicle which must remain on the Commons as an integral part of a display or exhibit or if extended service is necessary must be able to be moved immediately. F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete their task. Notification of such shall be made to the Citv Clerk's office prior to beginning the work, when possible. 11 - - -- F. Municipal and utility vehicles will be permitted on the Commons for the minimum time necessary to complete their task. Notification of such shall be made to the Citv Clerk's office prior to beginning the work, when possible. 11 G. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. H. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Commons is strictly reserved for vehicles making deliveries or loading and unloading passengers. No other use of the loading zones shall be made without the express written permission of the Chief of the Police Department. § 157 -10. Bicycles and other wheeled devices. A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the Primary and Secondary Commons. Standing or sitting astride a bicycle with one legg on either side of the bicycle is also prohibited. Wheelchairs, baby strollers [Ga�iages] and similar device .Rfia..ts „r . eeple with disabliAg Gendit;ens are permitted on the Commons. Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or having a bicycle or skateboard in the pedestrian's possession while on the Commons. B. No person shall park any bicycle against windows, trees, light poles, planters or other infrastructure [o„ the main rcraveled portion of the sidewalk] in any such manner as to constitute a hazard to pedestrians, traffic or property. Bicycle racks are provided at different locations on the Commons for the storaue of bicycles on a short-term and/or daily basis only. C. Bicycles may be impounded for the following reasons: (1) There is reasonable cause to believe the bicycle has been stolen; (2) There is reasonable cause to believe the bicycle has been used in the commission of a crime; (3) The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or (4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must remain unmoved for at least 24 hours after a notice has been affixed to the bicycle by the Ithaca Police Department warning that it may be impounded unless moved within 24 hours. D. A violation of this section shall be punishable by a fine of not more than $50. A second violation within three years is punishable by a fine of not more than $150 or a conditional discharge requiring not more than 40 hours of community service and not less than $50 or a conditional discharge requiring not less than 15 hours of community service. A third violation within three years is punishable by a fine of not more than $250 or a conditional discharge requiring not more than 60 hours of community service and not less than $100 or a conditional discharge requiring not less than 25 hours of community service. 12 § 157 -11. Alcoholic beverages. No alcoholic beverages may be sold or consumed on the Ithaca Commons except by special permit approved by the Common Council for a specific date, location and duration. Liquor and general liability insurance may be required in an amount to be determined based upon the nature of the event; but, in no case, shall it be less than $1,000,000.00. The liability insurance certificate must name the City of Ithaca as an "Additional Insured" on it for the duration of the event. § 157 -12. Anlma4s Dons and Other Animals. Licensed dogs, restrained by an adequate collar and leash and under the control of its owner are allowed on the Commons. Dogs may not engage in unreasonable howling and /or barking so that it disturbs or annoys any person of reasonable sensitivities other than the person owning or harboring such dog. Unreasonable howling or barking or other noise shall include, but not be limited to, the following: (a) Howling, barking or other noise made by a dog and continuing for more than three cumulative minutes in any sixty- minute period; or (b) The existence of complaints concerning the noise from persons living or working in the vicinity of the noise and who are affected by it. Dogs shall not cause damage or destruction to public or private property. The owner or other person responsible for the dog shall promptly pick up and remove any solid waste related to the dog defecating or vomiting. Dogs shall not chase, leap on, or otherwise harass any person or other animal in such manner as reasonably to cause intimidation or to put such person or animal in reasonable apprehension of bodily harm or iniury. Dogs shall not be leashed, tied or bound to any light poles, trees, planters, pavilions, bicycle racks or other infrastructure on the Commons. Animals that are included in a venue during a special event scheduled on the Commons are allowed subject to the approval of a permit by the City Clerk and/or Superintendent of Public Works. .�.r.�arzrr_eai . • .. K ILAZA.11MIZA U 13 ZEN e Me-, C'-- - - - - - 10 TRTM 1-11. ff NOW'! i'11!�@Jiifijilj (2) That the PeFFRit shall be f9F the Fnevement of anamals te and ftem the business and shall not allo w fer the leite Fang of animals in the norm' #ed aFea• s = .4 NO M~_. V_ 00 0 ON § 157 -13. Posting of bills and notices. A. Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited. EXGeptinnc to this regulation shall be the display panels IGGated in the Rhree] Rowers ofl the Gemmens. Bulletins shall be PartneFship] and shall be FeFneved by the rntown Pa 14 § 157 -14. Newsracks. The Commons AdviseFy Board The Downtown Ithaca Alliance shall administer regulate, plane' and ..,eni +er the placement of newsracks on the Commons on a routine bas's in order to nreaenie +he atmesphere and appearanne of the Comm nnc. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board.in an attrantive and invi +inn manner NeuisFaGks shall he nlaGed so that they aFe easily .�nnessihle to the nU bliG, but .ire not IgGated within a pedeStFian �� walkway, pubinG > events, , or other uses. 157 -15. Refuse. Commons businesses and residents will be allowed 2417 access to a secure disposal facility. Private trash and recycling will not be collected on the Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bans. Fines will be imposed for users who abandon unaccepted items or who dispose of trash without usina an authorized ban. 15 a" @ - § 157 -14. Newsracks. The Commons AdviseFy Board The Downtown Ithaca Alliance shall administer regulate, plane' and ..,eni +er the placement of newsracks on the Commons on a routine bas's in order to nreaenie +he atmesphere and appearanne of the Comm nnc. Requests to use the newsracks will be considered in accordance with the policy approved by the Commons Advisory Board.in an attrantive and invi +inn manner NeuisFaGks shall he nlaGed so that they aFe easily .�nnessihle to the nU bliG, but .ire not IgGated within a pedeStFian �� walkway, pubinG > events, , or other uses. 157 -15. Refuse. Commons businesses and residents will be allowed 2417 access to a secure disposal facility. Private trash and recycling will not be collected on the Commons. Only authorized users with key access will be permitted to use the disposal facility. Users will need to place trash in authorized bans. Fines will be imposed for users who abandon unaccepted items or who dispose of trash without usina an authorized ban. 15 157 -16. Storage. No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by permit issued by the Superintendent of Public Works. § 157 -17. Property damage. Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the defacing or damaging of property is prohibited unless expressly authorized by the Superintendent of Public Works. 157 -18. Cleaning and repairing. All users involved with activities on the Commons shall be responsible for cleaning and repairing to assure that the Commons will be returned to its prior condition previous to its use. Failure to comply with this provision shall result in the City's taking necessary action to clean and repair the Commons and to restore it to its prior condition. In such case, the City shall bill the user for the cost of such repairing or cleaning, both on the [IthaGa] Commons and on the surrounding business improvement district. It is expected that the same level of maintenance will be extended to the entire business improvement district as prevails for the [IthaGa] Commons. This provision shall not relieve the City from performing normal, routine cleaning and maintenance activities. § 157 -19. Fees. Permit and use fees will be established by the Commons Advisory Board in consultation with the Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if deemed in the best interest of the community. All fees shall be paid at the time the permit is issued. 6 157 -20. Street Performers Street performers and acoustical musicians may perform on the Ithaca Commons between 10:00 a.m. and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All street performers shall locate along the edge of the fire lane and must remain mobile at all times in case emergency vehicles require access to the area. Performance equipment and materials may not be left unattended. Street performers must move to a different location every 45 minutes. The Commons Advisory Board reserves the right to designate specific areas for street performers. The use of amplified sound or fire during a performance is only allowed by permit from the Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other percussion instruments require a permit from the Commons Advisory Board. Performers are responsible for monitoring and controlling the volume of sound they make and must reduce the volume upon the request of the Ithaca Police Department, City Clerk staff, Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board. Performers may accept voluntary donations but shall not base their performance upon payment or aggressively solicit contributions. fI Performers must not be under the influence of alcoholic beverages or controlled substances while performing. Ithaca Police Officers may require performers to relocate or leave the Commons area if they are creating a disturbance that negatively impacts the businesses or residents in the area. At the conclusion of a performance, the performer is responsible for removing any debris, trash, or litter associated with the performance or audience. Article III. Outdoor Dining 4 157 -20. Applications; rules of operation; permits; appeals. A. The City Clerk shall review and consider outdoor dining applications for food establishments on the Primary and Secondary Commons. Applications shall include the following documentation: (1) Certificate of general liability insurance in an amount to be determined based upon the nature of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of Ithaca as an "Additional Insured ". (2) Proof of worker's compensation insurance. (3) If alcohol is to be served, arA]dditional liquor liability insurance is required in an amount to be determined, but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as an "Additional Insured ". (4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items (e.g., trees, fire hydrants, etc.). (5) An application and use fee shall be submitted with the completed outdoor dining application and required paperwork. B. Rules of operation. (1) The dining area shall be adjacent to the business holding the agreement. On the Primary Commons, the area may not extend out from the building more than 7 feet. [The area may extend e� t from the h� gilding � re but net me than file feet.l The dining L J area shall not hleelr the fire lane[s] or impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront. (2) If alcohol is served, the dining area shall be contiguous to the establishment, physically defined, and approval from Common Council is required through the City Clerk. (3) The merchant shall be completely responsible for all aspects of the area, including cleanliness, trash, and stain removal. (4) The outdoor dining season shall be from April [ ate] 1 until March [DeGernbeF] 31. Outdoor dining furniture may not impede the City's efforts to remove debris, or snow and ice accumulations from the Commons. 17 (5) Applications must be submitted and approved annually. (6) Furniture and fixtures, as well as any means used to define the dining area, will be allowed only during the approved dining hours. (7) The area used is subject to periodic review by the City Clerk and the Department of Public Works. (8) The City reserves the right to require a security deposit if the site is not maintained free of trash, litter, grease and stains. (9) The City may terminate this agreement at any time without cause, in which case the applicant shall be reimbursed for the period of time which would be remaining on the agreement if the agreement were not terminated before expiration. (10) The City may terminate this agreement for the following causes, including but not limited to: (a) Violation of the guidelines and requirements listed above. (b) Fraud, misrepresentation or false statements in the agreement application. (c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement. (11) If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed revocation or suspension. (12) The Commons Advisory Board shall have the right to terminate or re- instate the agreement. Such decision shall become effective immediately. (13) Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. (14) The applicant shall not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. C. The City Clerk shall be authorized to issue permits to the Downtown Ithaca Alliance [Ithaca Downtown Partnership] for placement of tables and chairs for dining and leisure purposes on the primary and secondary Commons during the warm weather season. 18 D. Appeals for denied agreements. Any person or group that has been denied an agreement for outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. Article IV. Mobile Vending $157 -21 Mobile Vending Cart Reaulations: A. Types of vendors on the Commons: (1) Food /beverage (non - alcohol only) /merchandise: Vendors selling food /beverages need to check with the Health Department regardina their reaulations. (2) Non food /merchandise for sale /services. (3) See -4157 -28. Exceptions B. Definition of Mobile Vending: sellina food /beveraae /merchandise /services from a wheeled carrier that can move easily without the use of a vehicle or power source. Carts must be battery- operated and completely self - contained as the Citv does not provide water or electric to the vendors. The use of Generators is prohibited. C. Cart Construction Requirements: Vendina carts must be constructed in a professional manner and using methods and techniques associated with good craftsmanship. 11 Awninas. canopies, or umbrellas. Lowest edge six and one -half feet from the ground; flame resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18 inches beyond the side of the cart. Canopies and awninas must be fastened to all corners. Umbrellas must be "windproof' using a standard metal umbrella holder with a locking devise permanently attached to the cart. (2) Box carts: box carts — carts that are shaped like a square or rectangular box, having a permanent roof, four permanent sides and limited see - throuah ability- are not permitted. (3) Coolers (for food /beveraae vendors only): Maximum of two coolers per cart vendor. Both coolers are required to be stored on the same dolly. Each food vendor is required to have one dolly. Coolers must be pressed up against cart or no more than 6" away from cart. All coolers must be kept in a clean and sanitary condition free of dirt, grime, arease. (4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not attached, they must be heavy enough to withstand considerable winds or other natural elements. (5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart. (6) Height: Maximum of eight feet (from pavement to highest point of the cart). `ftill (7) Lighting: Lightinq can be used for preparing and serving food and illuminating a menu. Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting not approved by the Commons Advisory Board must be removed immediately. (8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are preferred. Wheel chocks may be used. (9) Mats: Required for food /beverage vendors only. Clean solid mat, minimum 12 square feet, in front of each food cart to capture spilled food /beverage and waste. No exception. Staff may require additional mats as needed (under -grill area for example). Mats should be rolled up, removed from the Commons, and cleaned before reuse. (10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions. Mwww „wiN/•/ the QA.awa+w f w�wn raf +h wrf• T.�Irw w hi/•/I�Q wvw viwu/ Of �ruare fbetage -Gf th�ey,canr. „wrm., ^�c�� -a b"Fd's eye ymgu . asp the eart., w aware Gr- FeGtanWe RFoun;d — -Merit A.” PFGt .hwawNr. —, s;, h 21% u/hA ../hnnl 4a..hc. haNrllwe h..waNers won must iNr. uQ OF reG 9 \� /NiNr/ GaRGNV /gar Aa/wMhwN/V rhw� NDt affe t the ra�wviwa..rN size Gf the /. Ft -• OL/TrOT.T�'VT17 —..... a-vary ..vu w.avar� �a.v ■�■ (12) One structure only: Cannot use more than one structure per vendor location. (13) See - through ability: Must be able to see through at least two sides of the cart at all times. (14) Sionaae: Product brand names, related to products beina sold, are permitted on umbrellas. All signs are subject to rules as outlined in Citv of Ithaca Municipal Code Chapter 272 entitled "Signs ". (15) Tables: No free - standing tables. Built in, folding -down tables attached to the actual vendor cart are acceptable, provided they have been approved by the Commons Advisory Board. (16) Trash /Recycling receptacles: Each vendor must have a trash container with a lid and trash bags must always be used. Vendor must also have a recycling container. The vendor must follow the strict "carry in /carry out" policy of the City of Ithaca. Vendors may not use Commons trash receptacles. Vendor may use the secure trash facility used by Commons businesses through the purchase of an access key and authorized trash baps. (17) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable. seem to provide the best maneuverability. BmGVGIO type wheel are ruone J with wmntwp swig (18) Shopping carts are not allowed as part of the mobile vending space. 157- 22[11. Location. The Commons Advisory Board is authorized to determine appropriate locations where vending shall take place. The City Clerk's office shall maintain and make available to the public a map of approved vending locations. 157 - 23[21. Hours of operation. Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts[,and tents must be removed from the Commons between the hours of 10:00 p.m. NEI and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain permission from the Commons Advisory Board. 157- 24F31. Agreements. A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board annually. The City Clerk may refuse to issue an agreement: (1) If there are no eligible vending sites available [for that season]. (2) To any applicant who fails to satisfy the application requirements. (3) To any applicant who violated the terms of a mobile vending agreement the previous vending season. B. Application requirements. (1) Completed applications for vending agreements with corresponding fees shall be received and considered by the City Clerk. Fees include, but may not be limited to application fee, security deposit, and use fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code entitled "Use of Real City Property" 2U(3)] A description of the type of merchandise, service, food or beverage menu to be offered for sale. (3)[(4)] Price list of each item[s] being sold. (4) A description and photograph of the cart or table lay to be used. JM[(6)] Proof that the applicant has complied with the established regulations of the Tompkins County Health Department, Ithaca Fire Department and other appropriate state, federal and local laws and regulations applicable to the vending business. M[(7)] A certificate of liability insurance in an amount to be determined based upon the nature of the permit, but in no case shall it be less than $1,000,000.00. It must also name the City of Ithaca as an "Additional Insured ". [naming the City of Ithaca as additional insured]. M[(8)] Proof of New York State W[w]orker's compensation insurance; or New York State Worker's compensation exemption certificate [waiver form] completed. 21 (8)[(9)] Applicant[s] shall demonstrate that they have a New York State sales tax certificate at all times while they are vending. M[(10)] A written description of waste disposal plans for trash, water, grease, and other materials. 10 [(11)] Proof of 501(C)(3) designation, if applicable. 11 [(13)] The City Clerk may require additional information from the applicant if deemed necessary. 12 [(14)] Whenever a name or address provided by the vendor on his or her agreement or application changes, he or she shall notify the City Clerk within 10 days of the change. C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the City Clerk will [draft] prepare a mobile vending agreement between the vendor and the City of Ithaca. The City Clerk's office will maintain the oricinal agreement on file in their office.[ta be GigRed by the appliGant. The signed agFeeFF18Rt shall be reviewed by Gity staff, and GRGe appFeved will be fbiwarded to the D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for clean up within a specified time period. If the site is not cleaned up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly. E. All fees are nonrefundable. [unless the site is Feassigned to aRether ueaE1erR"i na+ o the fee will ho nr�r�r�r" ately refunded.] vast; cr,a� orrcrc � F. Requested site location. Sites are listed on the Mobile Vending Map. Site preference consideration will first be given to [seasonal applicants, second to] returning vendors, and then on a first -come basis. If two returning [seasonal] vendors request the same site, the site will be awarded on a first -come, first -serve basis. 157 - 25[41. Vendor responsibility. A. Vendors receiving agreements shall: (1) Comply with all laws, ordinances and regulations applicable to their business. 22 (2) Refrain from operating carts after agreements expire and when the agreements are suspended or revoked. (3) Surrender their agreements promptly upon their revocation or suspension. (4) Display a Gepy of their New York State sales taX GeFtifiGate on theiF GaFt at all tomes'. (5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of negligence arising from the vendor's use of the [ Ithaca} Commons and shall be so duly insured. in an amGunt tG he de+errnlned based upGa the nature of the nerrnit but On RG Gase shall Et -has W-Ars. than $4.000.000.00. it must aISG name the 1 pa as .ten "AdditiiTT.ional Ineu! » , t he in the minimum amount of T L7T7 $1,000,000-.1 B. The vendor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic status, or weight. 157- 26[51. Rules of operation. The following are the mobile vending rules of operation: A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment within their assigned site. rnpeG, l ed "exnansieR" Sites, the s ite m -1 w expend to 20 feet by 7 feet in ci�e fete An innreec+erl fee -.4 B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be impeded because of vending operations. D. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the Commons Advisory Board. E. Vending carts must be attended at all times. F[G]. All carts[,] and equipment [tents and canopies] must be removed from the vending site at the close of business each day. G[H]. All vendors must maintain the submitted list of items for sale and prices iC�'eRd-er�mu? FnaiRtain the submitted food me throughout the agreement 23 period unless special permission is granted by the City Clerk or the Commons Advisory Board. H[I]. Smoke and /or odors produced by the cooking of foods on a mobile vending cart must be vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or particulate matter into the surrounding environment. 1[J]. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and litter, and ] be responsible for the appropriate removal and disposal thereof. s9Rta'ReME.4 No dumping is allowed in City trash cans, grates, storm sewers, or other areas. J[K]. Vendors shall keep public spaces within a ten -foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. K[Q. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be played by the vendor. L[M]. If a vending site remains vacant for three consecutive weeks without notification to the City Clerk's office, it will be considered abandoned and re- assigned, with no refunds issued. k's OfflGe Upon Fequee4.- N[O]. The City reserves the right to move vendors for necessary maintenance and repairs on the Commons. O[P]. The City does not provide water or electric service to mobile vendors. P[Q]. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca Alliance [Ithaca Downtown Partnership employees]. 157- 27[61. Suspension or revocation of agreement. A. The City may terminate a mobile vending agreement at any time without cause, in which case the [seR#astef] vendor shall be reimbursed for the period of time that would be remaining on the agreement if the agreement were not terminated before expiration. B. If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile vending shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall have a right to a hearing on the proposed revocation or suspension before the [CAB] Commons Advisory Board no sooner than ten 10) days after requesting such a hearing, in writing. Grounds for termination include, but are not limited to: 24 (1) Violation of the rules of operation. (2) Fraud, misrepresentation or false statements on the application. (3) Fraud, misrepresentation or false statements made in connection with the selling of merchandise. (4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement. (5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a menace to the health and safety of the public. C. The Commons Advisory Board [CAB] shall have the right to terminate or reinstate the agreement. Such decision shall become effective immediately. D. Any applicant whose agreement is revoked under this regulation may not reapply for another agreement until the expiration of one year from the date of revocation. § 157- 28[71. Ithaca Festival and other events. Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted pursuant to this chapter shall include [exclude] days on which it is expected that the Ithaca Festival or other events sponsored by the Downtown Ithaca Alliance [Ithaca Downtown Partnership] will take place on the [Ithaca] Commons. A listing of these events and dates shall be maintained by the City Clerk. The vendor will be required to make application to the event coordinator and pay any additional fees as required. Vendors may be relocated from their assigned spot durina the event, at the discretion of the event coordinator. Vendors must follow the rules of each event. Vendors interested in vending during special events [for an additional fee] should contact the Downtown Ithaca Alliance [Ithaca Downtown Partnership] or Ithaca Festival offices for information regarding vending requirements for those special events. § 157 - 29[81. Exceptions. Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States Armed Forces Veteran pursuant to § 32 of the General Business Law, to the extent legally permitted, shall be required to abide by all regulations except those concerning fees. § 157- 30[291. Appeals for denied agreements. Any person or group that has been denied an agreement to vend on the [Ifhasa] Commons may appeal such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's office within ten 10 days from the date of denial. The Commons Advisory Board may act to sustain the original decision or to revise it, with or without conditions. 25 Article V. Exceptions; Penalties § 157-31[301. Limited waivers and exceptions. The Commons Advisory Board is authorized to grant limited waivers and exceptions to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in duration. Such waivers and exceptions shall be subject to any appropriate review by the City Clerk's office, Department of Public Works, the Fire Department or the Police Department. & 157- 321`11. Applicability of other ordinances. Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall apply to the Ithaca Commons. & 157- 33[21. Penalties for offenses. [Amended 4 -5 -2006 by Ord. No. 2006- 10]Except as otherwise provided, any violation of the provisions of this law shall be punishable as a civil offense in accordance with §[ ]1- 1, of the City of Ithaca Municipal Code. Section 2. Severability. 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 notices as provided in the Ithaca City Charter. 26 Trends Seen in DAC Survey Feedback CHALLENGES: • Over half of the responders cited Broken /missing sidewalks and poor snow and ice removal as challenges faced by pwds. • Doors too heavy to open, or not having automatic door openers, followed closely behind with 46% citing this as a challenge. • Other challenges cited by several responders included: • Lack of accessible parking options or accessible parking spaces being taken by others without disabilities, including city employees /offices. • Cross walk signals /pedestrian time far too short or display "walk" when drivers still have green light to go. o Need for more effective communication methods to be provided via city website and at city meetings. o Other people, including city employees, lacking awareness, education, or appropriate attitude toward pwds and their needs. o Manmade obstructions on sidewalks (i.e. tables and chairs near street trees, providing very little walking space in between). SUGGESTIONS /RECOMMENDATIONS: o ENFORCEMENT AND EDUCATION: a majority of responders cited the need for the City and Police to hold property and business owners responsible (such as through issuing fines) for keeping their sidewalks clear of obstructions and snow /ice; ticketing people who violate accessible parking rules; install signage re/ where parking is restricted so as to not block accessible spaces or entrances; educating TCAT drivers more about driving slower; educating everyone more about disability issues and needs; and including information on city website about how to report problems like this as well as how to get ahold of the DAC.