HomeMy WebLinkAbout10-14-15 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: October 14, 2015
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1) Call to Order/Agenda Review
2) Special Order of Business
a) Presentation – Energy Efficiency in Newly
Constructed Commercial Buildings
3) Public Comment and Response from Committee
Members
4) Announcements, Updates, and Reports
a) CIITAP Revision
b) Bike Lane – North Cayuga Street
5) Discussion
a) Comprehensive Plan Phase II
b) Changes to Exterior Property Maintenance
Ordinance
6) Action Items (Approval to Circulate)
a) Taxi Legislation
b) Street Level Active Use – The Commons
7) Action Items (Voting to Send on to Council)
a) Backyard Chickens
8) Review and Approval of Minutes
a) September 2015
9) Adjournment
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Brian Eden, HeatSmart Tompkins
Ellen McCollister, Committee Member
Tim Logue, City Transportation Engineer
Megan Wilson, Planning Staff
Josephine Martell, Committee Member
Julie Holcomb, City Clerk
Jennifer Kusznir, Planning Staff
Cluck, Cluck
All
All
6:00
6:05
6:20
6:30
6:45
7:15
7:30
7:45
8:15
8:30
8:55
9:00
If you have a disability and require accommodations in order to full participate, please contact the City
Clerk at 274‐6570 by 12:00 noon on Tuesday, October 13, 2015.
TO: Planning & Economic Development Committee Item # 5a
FROM: Megan Wilson, Senior Planner
DATE: October 8, 2015
RE: Phase II of the Comprehensive Plan
As you know, Phase II of the Comprehensive Plan will include more detailed neighborhood and
thematic plans that build upon Plan Ithaca. Work on Phase II will begin in early 2016, and Planning
staff will focus on preparing two plans. Common Council must now determine its top priorities for
this next phase.
At its meeting on September 22nd, the Planning and Development Board reviewed the
recommendation of the Comprehensive Plan Committee and recommended that the Southside
neighborhood plan and the housing strategy be the first plans completed as part of Phase II. The
Board’s recommendation is attached for your review.
Staff will attend the October 14th Planning & Economic Development Committee meeting to
discuss Phase II priorities and determine which plans should be completed in 2016. If you have any
questions prior to the meeting, please contact me at mwilson@cityofithaca.org or 274-6560.
CITY OF ITHACA
108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Planning and Development Board Recommendation of Priorities for Phase II of the
Comprehensive Plan to the Common Council
ADOPTED RESOLUTION
September 22, 2015
WHEREAS, the City is pursuing a two‐phased approach to its Comprehensive Plan, where Phase I
entailed the preparation of an “umbrella” plan that sets forth broad goals and principles to guide
future policies throughout the city and where Phase II will include the preparation of specific
neighborhood and thematic plans, and
WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State General City
Law, the Planning and Development Board is responsible for preparing and recommending a new
Comprehensive Plan to the Common Council for adoption, and
WHEREAS, Plan Ithaca was adopted as Phase I of the Comprehensive Plan by the Common Council
on September 2, 2015, and
WHEREAS, work on Phase II will begin in early 2016, and Planning staff will focus on the
preparation of two neighborhood and/or thematic plans to begin this second phase, and
WHEREAS, the Comprehensive Plan Committee recommended three thematic plans (a housing
strategy; a city‐wide transportation plan; and a floodplain management plan) and three
neighborhood plans (Southside; the Waterfront and Inlet Island; and West Hill) to be top priorities
for completion in Phase II, and
WHEREAS, the Planning and Development Board has reviewed the Comprehensive Plan
Committee’s recommendation, the list of needed thematic plans identified by Plan Ithaca, and the
list of the City’s existing plans; now, therefore, be it
RESOLVED, that the Planning and Development Board recommends that the Common Council
select the Housing Strategy and the Southside neighborhood plan to be the first two plans
completed as part of Phase II of the Comprehensive Plan.
Moved by: Schroeder
Seconded by: Darling
In Favor: Blalock; Darling; Elliott; Jones‐Rounds; Lewis; Randall; Schroeder
Against: 0
Abstain: 0
Absent: 0
Item # 5b
Memo: EPMO fines
From: Larry Beck, Chair Rental Housing Advisory Commission
To: Planning and Economic Development committee
Date: Thursday, September 17, 2015
At our 16 Sept 2015 RHAC meeting we decided to stand by our resolution, but
understand not all features of the resolutions are acceptable to all parties who
would approve changes to the EPMO.
RHAC agrees that a reduction of EPMO fines in conjunction with the City's
attempt to use an email notification will be effective in keeping the City sanitary
and allow property owners to promptly cure and correct any allegations of EPMO
violations. Additional discussion at RHAC agreed that creating language in 178-
10 should describe minor violations such as a garbage can lid off, and be limited
to a ~ $25 fine without escalating.
The following de minimis language was discussed with consensus on 16 Sept
2015:
Therefore:
The Rental Housing Advisory Commission recommends that the escalation
of fines be revised to have the first citation be $25 Additional fines for the
same violation on succeeding days should be escalated to $50 for
the second day, $100 for the third day and subsequent days’ violation of
said violation. Minor violations such as a garbage can lid off should be a
set fine of $25 and be expressed explicitly in the ordinance. A different
violation as evidenced by photograph, should begin a new escalation of
fines.
The following resolution was approved by the Rental Housing Advisory
Commission on 20 May 2015
Whereas:
The City of Ithaca has used the EPMO to penalize property owners for the
observed condition of their property as amended in 2000. Citations for trash,
lawn, and sidewalk maintenance escalate from modest to excessively escalated
fines, whether for major or minor violations, whether the behavior causing said
violations were the responsibility of the property owner or the residents of
demised space.
Whereas:
The City abandoned the use of a warning period for the property owner to cure
and correct an EPMO violation.
Whereas:
Although each separate violation of EPMO is a unique event, it is considered a
subsequent violation and escalated fines are imposed.
Whereas:
The City is implementing a new email notification system to aid in timely
remediation of observed conditions.
Therefore:
The Rental Housing Advisory Commission recommends that the escalation of
fines be revised to have the first citation be a zero dollar fine allowing for the
property owner to promptly cure and correct the condition. Additional fines for the
same violation on succeeding days should escalate to $25 for the second day,
$50 for the third day, and $100 for the fourth and subsequent days of said
violation. A separate violation, as evidenced by the photography, will begin a new
escalation of fines, but no more than two violations in a six month period shall
have a zero dollar fine.
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: Svante Myrick, Mayor
Common Council
Conservation Advisory Council (CAC)
Planning & Development Board
Aaron Lavine, City Attorney
Phyllis Radke, Director of Zoning Administration
Board of Zoning Appeals (BZA)
Mike Niechwiadowicz, Director of Code Enforcement
JoAnn Cornish, Director of Planning & Development
Michael Thorne, Superintendent of Public Works
Edward Marx, Tompkins County Commissioner of Planning
From: Julie Conley Holcomb, City Clerk
Date: October 9, 2015
Subj: Revisions to Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses
and Occupations”, Article VI entitled “Taxicabs”.
History:
The City of Ithaca has regulated taxicabs since the 1920s. There are several New York State laws that
also regulate “vehicles offered to the public for hire” such as Vehicle and Traffic Law, Transportation Law,
General Municipal Law. Each of these laws has contradictory language; however, the New York State
Assembly and Senate are currently discussing bills that would clarify General Municipal Law Section 181
by adding liveries and limousines as items that cities, towns and villages have the authority to regulate.
They are viewing this as a technical correction to the law as many cities are having issues with livery
vehicles acting as unregulated taxis that don’t have to meet the same local licensing and safety standards
as taxis.
Technology has changed the way people make transportation arrangements and has transitioned the
traditional street-hail method to dispatch centers and smart phone application use. The differences
between licensed taxicabs and unregulated liveries has become extremely blurred.
The City’s current rate structure is outdated and complicated for passengers and drivers to understand
and implement correctly. The City Clerk has worked with local transportation providers to develop an
easier flat fee structure to replace the current zone system, and has worked to reduce the number of “add
on” charges for varying circumstances.
Intent:
This memo is intended to highlight significant changes proposed in the new legislation:
The term “taxicab” would be replaced with the term "vehicle for hire". This proposal is intended to
capture any type of transportation for hire (ie. taxicabs, liveries, limousines, pedicabs, etc.) to apply
consistent standards that can be easily administered and enforced.
2
There are 2 license types:
Vehicle for Hire Business License - the owner of each company must apply annually for a license - they
have to list each vehicle that will be operated in the City of Ithaca (picking up and/or dropping off
passengers), and pay $25 for each vehicle. They need to submit proof of insurance and list the drivers
that are covered under their insurance. (NOTE: this insurance language is new and was drafted by
Assistant City Attorney Krin Flaherty in conjunction with our insurance company)
Vehicle for Hire Driver’s License - each driver of a vehicle for hire must obtain a vehicle for hire driver’s
license if they will be operating in the City of Ithaca (picking up and/or dropping off). They have to be
fingerprinted and provide the Ithaca Police Department with the resulting background check every 3
years. They also need to submit a photograph (IPD has agreed to assist with this if requested), and a
certificate of good health signed by a physician, physician assistant, or nurse practioner. The license fee
is $10 for a new license and $5 to renew and existing license.
Each vehicle needs to get a NYS inspection every 6 months - and IPD should be inspecting the interior
and exterior of the vehicles for cleanliness, etc. at least annually. We would like to adhere a sticker to
vehicles that have been approved through the licensing process to give passengers a visual cue that this
vehicle has been inspected, licensed, and approved by the City of Ithaca.
Operator rules have remained basically the same. The rate structure has been modified to include a flat
fare during daytime hours – 6:00 am – 6:00 pm ($7.50) and a slightly higher rate for nighttime hours
6:00 pm – 6:00 am ($8.00). Standard rates have also been established for fares that are initiated in the
City but terminate at common destinations outside of the City. The number of “add on” charges has
been reduced. The Senior Citizen Discount (available to those age 65 and older) has been increased to
50%. Exclusive rides need to be pre-arranged through dispatch and passengers would be subject to a
$3.00 surcharge for this service.
If you have questions or would like further information regarding our current taxicab legislation or this
proposed legislation, please feel free to contact me at jholcomb@cityofithaca.org, (607) 274-6570.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of
Businesses and Occupations”, Article VI entitled “Taxicabs” is hereby amended to
change the title of the Article to “Vehicles for Hire”. Such Article shall read as follows:
Article VI – Vehicles for Hire
§ 232-56. Definitions.
Unless otherwise expressly stated or unless the context otherwise requires, whenever
used in this article, the following words shall have the following meanings:
CHIEF OF POLICE:
The Chief of Police or his/her designee.
OPERATOR:
Any person owning or having control of the use of one or more taxicabs used for hire
upon the streets of the City of Ithaca or engaged in the business of operating a taxicab.
OWNER:
The person in whose name the New York State license is issued pursuant to the
Vehicle and Traffic Law.
PEDICAB:
A type of tricycle or bicycle and cart designed to carry passengers on a for hire basis.
SAME PARTY:
Where used in the rate schedule,[1] this term refers to parties traveling together and
with the same points of origin and destination.
STREET:
Any highway, street, alley, avenue, court, bridge, lane or public highway or any other
public way in the City of Ithaca.
TAXICAB
VEHICLE FOR HIRE:
Any motor vehicle or pedicab engaged in the business of carrying persons for
compensation, whether the same is operated from a street stand or subject to calls from
a garage or radio station or engaged via telephone, website, e-mail, mobile application,
or otherwise operated for compensation, except vehicles subject to the provisions of the
Transportation Law or used by undertakers in carrying on their undertaking service.
TAXICAB VEHICLE FOR HIRE DRIVER :
Any such person who drives taxicabs a vehicle or pedicab for hire whether such person
is the owner of such taxicab vehicle or pedicab or is employed by a taxicab vehicle or
pedicab for hire owner or operator.
TAXICAB VEHICLE FOR HIRE DRIVER'S LICENSE:
Permission granted by the City of Ithaca to any person to drive upon the streets of such
City by any licensed vehicle or pedicab for hire.
TAXICAB VEHICLE FOR HIRE BUSINESS LICENSE:
Permission granted by the City of Ithaca to any person to operate or keep for hire any
taxicab vehicle or pedicab or fleet of such vehicles in such city.
TAXICAB VEHICLE FOR HIRE STAND:
Any place alongside the curb of a street or elsewhere which is designated for the use of
taxicabs vehicles for hire.
[1]
Editor's Note: The Taxicab Zones and Rates Schedule is located at the end of this
chapter.
§ 232-57. Vehicle for Hire Driver's license required; qualifications.
No person shall operate or drive a taxicab vehicle for hire without having in force and
effect a taxicab vehicle for hire driver's license in accordance with the provisions of this
article. No person shall be issued a taxicab vehicle for hire driver's license unless such
person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of
mind or body which renders the applicant incapable or unfit to safely operate a taxicab
vehicle for hire. Each applicant shall produce a physician's medical certificate signed by
a licensed physician, physician's assistant, or nurse practitioner dated not more than 30
days prior to the application certifying that the applicant is physically qualified to operate
a motor vehicle.
D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the
use of drugs.
E. Shall not have been convicted of a felony involving violence, dishonesty, deceit or
indecency nor any sexual offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to
alcohol or drugs while operating a taxicab vehicle for hire.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs for five years from the date of
conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs.
§ 232-58. Application for vehicle for hire driver's license; investigation and
refusal.
A. Contents.
(1) Every applicant for a taxicab vehicle for hire driver's license shall submit a signed
and sworn application upon such forms as shall be required by the Chief of Police,
showing compliance with the requirements hereinabove set forth and such other
information as shall be deemed necessary and reasonable by the Chief of Police in the
interest of safety, health and welfare. Such information that is required by the Chief of
Police shall include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant
for a taxicab vehicle for hire driver's license shall be cause for refusing the license or
revoking the license after it is issued, and any such false statement shall be promptly
reported by the Chief of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab vehicle for hire driver's license
must file with his/her application two unmounted, unretouched, good-likeness
photographs of the applicant, full face size, two inches by two inches. The face portion
shall not be less than 1 3/4 inches high, with the balance in normal prospective
proportion. The photograph shall be taken within 30 days of the date of the application
by means of a permanent, nonfading process. The applicant shall be hatless in the
photograph. A copy of the photograph shall be filed with the application and another
copy attached to the license to be issued hereunder. If the applicant does not have the
means to produce such photograph, the Ithaca Police Department will make
arrangements to have the photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three
years. The criminal history report that is returned with the fingerprints shall be
submitted to the Ithaca Police Department as part of accompany the application. which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the
opinion of the Chief of Police, the applicant shall be refused a license, subject to the
provisions hereof for hearings.
§ 232-59. Issuance of vehicle for hire driver's license; duration of license.
A. Upon the approval by the Chief of Police of the application for the taxicab vehicle for
hire driver's license in accordance with the foregoing procedures, the Chief of Police is
authorized to issue a taxicab vehicle for hire driver's license to the applicant. The
license shall be in a form to be prescribed by the Chief of Police and shall contain
thereon adequate identification, a photograph and the signature of the driver. The
photograph shall be so attached to the license that it cannot be removed and another
photograph substituted without detection. Each license shall be stamped by the Seal of
the City upon a portion of the photograph. All licenses shall be numbered in the order in
which they are issued and shall contain the name of the licensee and the expiration
date of the license. A license shall be rendered invalid if defaced, altered or obliterated
in any way or if any entry is made thereon by other than the Chief of Police.
B. Such license shall be for a period to expire one year from the date of issuance,
unless sooner suspended or revoked.
§ 232-60. Display and use of vehicle for hire driver's license.
The taxicab vehicle for hire driver's license shall be displayed by the licensee at all
times when driving or operating or while in charge of any taxicab vehicle for hire. The
driver shall not permit the license to be used by any other person.
§ 232-61. Renewal of vehicle for hire driver's license.
Renewals shall be upon the same basis as a new application, provided that the
application is filed not less than 30 days nor more than 60 days prior to the expiration of
the current license on forms supplied by the Chief of Police. Applicants will only be
required to provide a criminal history report every three years.
§ 232-62. Vehicle for hire driver's license fees.
A. Upon the filing of an application, as partial reimbursement to the City for the cost of
investigation and processing of the license, there shall be paid $10 upon the filing of an
original application and $5 for the application for renewal of an existing license. Such
application fees will not be refunded in the event that the application is denied.
B. In the event that a license described in this article has been lost, destroyed or stolen,
the Chief of Police shall cancel the particular license number on the records of the
Department and, upon the payment of a replacement fee of $5, issue a new license.
§ 232-63. Taxicab Vehicle for hire business license required.
It shall be unlawful for any person to use operate or keep for hire within the City any
taxicab vehicle or pedicab or fleet of vehicles for hire without first having obtained a
license therefor and having the same in force and effect in accordance with the
provisions of this article.
§ 232-64. Taxicab Vehicle for hire business licensing procedures.
A. Taxicab Vehicle for hire business license application. Application for taxicab vehicle
for hire business licenses shall be made by the owner of each business on forms to be
furnished by the Chief of Police. The completed application shall contain:
(1) Owner information: the name, date of birth, address, telephone number and record
of all convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs vehicles for hire.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to
operate a taxicab vehicle for hire in the City or elsewhere and, if so, the particulars
thereto.
(3) Vehicle information required for each operating vehicle : the make of the motor
vehicle, the year, the engine and body serial number, the state registration number, the
length of time and mileage that the vehicle has been driven and the seating capacity
according to its trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the
license application shall be submitted by the applicant for each vehicle in operation. In
addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure
that the interior and exterior of the each vehicle is maintained in a clean and sanitary
condition, and that the signage requirements of this article are complied with, and
reinspection of said each vehicle may be made from time to time by the Chief of Police
or his/her designee. Each vehicle shall be submitted to a New York State inspection
annually at least once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of
$25,000 per person and $50,000 per accident for personal injuries, and $10,000 per
accident for property damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum
amounts as specified by the City, which such minimum levels shall be updated from
time to time, and shall be available for review on the City's website and/or in person at
the Ithaca Police Department.
A. For automobiles:
Auto liability.
$1,000,000 Bodily Injury and Property Damage Each Accident
Required provisions:
City of Ithaca shall be named as Additional Insured
Waiver of Subrogation in favor of the City of Ithaca shall apply
Workers’ Compensation and Employers’ Liability.
Statutory coverage complying with New York Workers’ Compensation Law Section 57
General Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation
available at www.web.state.ny.us, OR
--C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR
--U-26.3 - State Insurance Fund version), OR
--SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR
--GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance
Disability Benefits Requirements.
Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8)
under General Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits
Coverage available at www.web.state.ny.us, OR
--DB120.1 - Certification of Disability Benefits Insurance, OR
--DB155 - Certificate of Disability Self-Insurance
Note: Proof of NYS Workers’ Compensation and NYS Disability benefits must be
provided on NYS forms listed above (complete information available at
www.wcb.state.ny.us or Bureau of Compliance at (866) 546-9322.
Certificates of Insurance needs to be provided every year when policies renew and shall
include copies of the Additional Insured and Waiver of Subrogation endorsements
B. For bicyclists, pedicabs, and/or other non-automobile modes of transportation used
as vehicles for hire and transporting passengers
Commercial General Liability
$1,000,000 Bodily Injury and Property Damage Limit Each Occurrence
$2,000,000 General Aggregate Limit
$2,000,000 Products/Completed Operations Aggregate Limit
$1,000,000 Personal Injury and Advertising Injury Each Person/Org
Required provisions:
City of Ithaca shall be named as Additional Insured including Completed Operations
Coverage for the City shall apply on a primary and non-contributory basis.
Waiver of Subrogation in favor of the City of Ithaca must be included.
No coverage exclusions or limitations as respects NY Labor Law
30 Days Prior Written Notice provided if coverage is canceled, non-renewed or
materially changed
Workers’ Compensation and Employers’ Liability.
Statutory coverage complying with New York Workers’ Compensation Law Section 57
General Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Workers’ Compensation
available at www.web.state.ny.us, OR
--C-105.2 - Certification of NYS Workers’ Compensation Insurance, OR
--U-26.3 - State Insurance Fund version), OR
--SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR
--GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance
Disability Benefits Requirements.
Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8)
under General Municipal Law Section 125, Contractor must submit one of the following:
--CE-200 - Certificate of Attestation of Exemption from NYS Disability Benefits
Coverage available at www.web.state.ny.us, OR
--DB120.1 - Certification of Disability Benefits Insurance, OR
--DB155 - Certificate of Disability Self-Insurance
Note: Proof of NYS Workers’ Compensation and NYS Disability benefits must be
provided on NYS forms listed above (complete information available at
www.wcb.state.ny.us or Bureau of Compliance at (866) 546-9322.
Certificates of Insurance needs to be provided every year when policies renew and shall
include copies of the Additional Insured and Waiver of Subrogation endorsements
B. Vehicle type authorized. All taxicabs vehicles for hire shall be of vehicle types
approved by the New York State Department of Motor Vehicles for use as a taxicab
vehicle for hire.
C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no business
license shall be issued under the provisions of this article until the Chief of Police has
indicated, in writing, approval thereof after such investigation has been completed.
D. Issuance of business license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to
issue a taxicab vehicle for hire business license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That there are no other grounds for refusal. In this regard, the license may be
refused for any reason which, in the opinion of the Chief of Police, may be detrimental
to the best interest of the general public both in welfare and safety, provided that, in the
making of such determination, the Chief of Police shall set forth specific reasons for
such disapproval. Such findings shall be subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless
sooner revoked.
E. Renewal of taxicab vehicle for hire business license. The same procedures shall be
followed as for original applications. Every person to whom an owner's license is issued
shall have the right to renew said license within 30 days of the expiration date, provided
that the other requirements of this article are complied with.
§ 232-65. Taxicab license fees.
A. A fee of $25 per vehicle per 12 calendar months from date of issuance shall be
levied, payable upon application. No reimbursement shall be made in the event of
disapproval.
B. In the event that a licensed vehicle is removed from service and a substitute vehicle
meets all other requirements of this article, a vehicle substitution license may be issued
by the Chief of Police for a fee of $5. The term of this substitute vehicle license will
coincide with that of the original taxicab vehicle for hire business license.
§ 232-66. Assignability of taxicab license.
No taxicab vehicle for hire business license is assignable from one person, company or
corporation to another person or entity.
§ 232-67. Temporary taxicab licenses.
Notwithstanding the foregoing, any holder of an existing taxicab vehicle for hire license
may be issued thirty-day temporary licenses for leased or owned taxicabs vehicles,
provided that these taxicabs vehicles are otherwise in compliance with § 232-64A(3),
(4), (5) and (6) above. The fee for each temporary license shall be $25.
§ 232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab vehicle for hire business license may be revoked or suspended
at any time at the discretion of the Chief of Police if the a vehicle is used for criminal
business or purposes or if the licensed owner is convicted of a violation of this article.
B. Surrender of vehicle for hire business license. Whenever any taxicab vehicle for hire
business license is revoked, the same shall be surrendered to the Chief of Police. If a
taxicab vehicle for hire business license is suspended, the same shall be surrendered to
the Chief of Police and retained by him/her until the suspension period expires.
C. Automatic revocation. In the event that any person to whom a taxicab vehicle for hire
business license is issued has such license suspended on three occasions, such
owner's license shall be revoked.
§ 232-69. Operating regulations.
A. Drivers' rules. Every person operating a taxicab vehicle for hire for business
purposes licensed pursuant to this article shall:
(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request
in the City unless previously engaged or unable or forbidden by the provisions hereof so
to do.
(2) Multiple passengers: not carry any other person than the first person employing the
taxicab unless the person first employing the taxicab shall not object to the acceptance
of each additional passenger. Exclusive rides: A passenger may request an exclusive
ride through dispatch when arranging for transportation. A $3.00 surcharge will be
applied to the regular fare.
(3) Trip records: keep a written record in ink documentation of all trips on a form
approved by the Chief of Police. Entries on such forms shall be made as each trip is
completed.
(4) Lost articles: examine the interior of the vehicle after the termination of each trip for
any articles left or lost in the vehicle and immediately take such any found property to
the desk officer at the Police Department, in compliance with Article 7-B of the Personal
Property Law at the end of each shift.
(5) Accident reports: report all accidents as required by the Vehicle and Traffic Law to
the Police Department. The Chief of Police may require that a taxicab vehicle be
reinspected prior to its return to service.
(6) Change of residence: report each change of residence within 10 days after such
change to the Chief of Police.
(7) Smoking or drinking on duty: not smoke while the vehicle is carrying passengers,
unless smoking is permitted by the passenger, and not drink alcoholic beverages during
any tour or shift of duty.
(8) Rate cards for passengers: at all times while on duty have available in the taxicab
vehicle a supply of rate cards issued pursuant to this article, which rate cards shall be
furnished to any passenger requesting the same and be displayed in a place designated
by the Chief of Police.
(9) Work schedule: not operate any vehicle:
(a) For longer than 12 hours of any twenty-four-hour period.
(b) For longer than 12 hours in any one tour or shift of duty.
(c) With less than eight hours' relief from duty after working 12 hours of the twenty-four-
hour period preceding the commencement of such relief from duty.
(10) Cooperation with police: not conceal any evidence of crime nor voluntarily aid
violators to escape arrest. A driver shall report as soon as possible to the police any
unlawful act connected with such driver's vehicle or any attempt to use that vehicle to
commit a crime or escape from the scene of a crime.
(11) Receipts to passengers: upon request of a passenger, issue a receipt for fares
paid by the passenger.
(12) Nonpaying passengers: not permit any passengers in a taxicab vehicle for hire
except a paying-fare passenger during such time as the taxi vehicle is being used for
business purposes or is being made available for the carrying of paying passengers.
(13) Locked doors: not operate a taxicab vehicle for hire in which the doors in each
compartment cannot be unlocked from the inside.
B. Duties of owner. The owner of every vehicle for hire business license under the
provisions of this article shall:
(1) Vehicle cleanliness: maintain the interior and exterior of the taxicab in a clean and
sanitary condition.
(2) Safety inspection: inspect the vehicle and its equipment at least daily and make
such repairs as may be required by the condition of the vehicle and not allow any
vehicle to be operated until repairs are made to maintain safety of passengers and the
public in general.
(3) Authorized driver employees: employ only drivers who present and have with them
during the time of employment a currently valid City of Ithaca taxi vehicle for hire driver's
license.
(4) Work shift limitation: prohibit any taxi driver from operating any vehicle for hire:
(a) For longer than 12 hours of any twenty-four-hour period.
(b) For longer than 12 hours in any one tour or shift of duty.
(c) With less than eight hours' relief from duty after working 12 hours of the twenty-four-
hour period preceding the commencement of such relief from duty.
(5) Report on driver: report any driver to the Chief of Police who would, in the opinion of
the owner, not be qualified to hold a driver's license, stating the reason therefor.
(6) Municipal inspections: submit vehicles for inspection whenever required by the
Chief of Police.
(7) Rate cards for passengers: maintain a supply of City taxicab vehicle for hire rate
cards to be furnished to drivers in such owner's employ in sufficient quantities so that
the driver of a taxicab vehicle may be able to deliver a rate card to each passenger that
requests the same.
(8) Operation records:
(a) Provide each driver with a manifest and require the following entries to be recorded
thereon in ink during the course of daily operation:
[1] The make, year and vehicle registration number.
[2] The name of the driver.
[3] The time the vehicle commenced operation.
[4] A record of all trips made in chronological order, showing the destination, the time
dispatched, the time returned and the amount of the fare.
[5] A statement of the licensee whether or not the vehicle is clean and in safe operating
condition at the start and end of each work tour.
[6] A record of all accidents and any other incident, such as lost property or assistance
to police, including all times and places.
(b) These records shall be retained by the owner for at least three years and shall be
furnished to the Chief of Police within five working days after written request.
(9) Color schemes and trademarks: maintain a licensed taxicab vehicle for hire with the
colors with which it is registered at the time of issuing of the license for the taxicab
vehicle and avoid the use of any colors which may tend to confuse the public as to the
identity of the taxicab vehicle or which might tend to cause unfair competition.
(10) Interior light: provide each taxicab vehicle with sufficient interior light so that when
any door of the taxicab vehicle is open the light shall automatically operate.
(11) Seat belts: provide each taxicab vehicle with seat belts in a number sufficient for
each passenger therein.
(12) Driver employees list: furnish current lists of driver employees with the Chief of
Police upon demand.
(13) Driver delinquency reports: furnish reports to the Chief of Police upon the
discharge of any driver where the discharge is based on the conduct of the driver in
violation of this article.
(14) Driver hiring procedure: inquire at the office of the Chief of Police prior to hiring
any driver in order to ascertain that the driver has a current Ithaca taxi vehicle for hire
driver's license.
(15) Vehicle transfer: promptly report to the Chief of Police the transfer of ownership of
any vehicle licensed hereunder. and concurrently turn in to the Chief of Police the
taxicab license issued for the use of such vehicle.
(16) Supervisory responsibility: be responsible for diligently supervising all employees
to assure compliance by them with this article. The failure to do so may be cause for
revocation or suspension of the owner's taxicab vehicle for hire business license or
licenses.
§ 232-70. Vehicle for hire rates.
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rate Schedules,
City of Ithaca," which said map and schedules, appended herewith, are hereby
declared to be a part of this article.[1] Schedule A therein depicts the base zone
charges, for one passenger, for a trip between the designated zones. Schedule B
depicts the fuel cost recovery surcharge which may be added to the applicable
base zone charge, as set forth in Subsection B below.
A. The rate for vehicle for hire fares that originate and terminate within the City
of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for vehicle for hire fares that originate and terminate within the City of
Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may
be charged by the owners or drivers of taxicabs vehicles for hire for the
transportation of a passenger within the City shall not exceed the cumulative,
applicable amounts. shown on said map and schedules, or, for additional
passengers, as shown on said schedules and as set forth in Subsection C below.
At least once every three years, during the month of April, the amounts shown on
said map and schedules shall be reviewed by Common Council to determine if
the rate schedule in force at the time remains appropriate.
Vehicle-for-hire rates shall be reviewed annually by Common Council at the
request of the owners of licensed vehicle for hire companies.
The following notice shall be conspicuously posted in full view of passengers:
"Rate maps and schedules for fares that originate in the City of Ithaca, together
with the full text of the city's rate law and a copy of the most recent applicable
fuel surcharge confirmation, are available upon request from the driver of this
taxicab vehicle for hire, according to City ordinance."
B. C Rates for trips outside of the City of Ithaca. The vehicle for hire rate for
standard fares that originate within the City but terminate outside of the City shall
be as follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $11.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base
zone charge for a taxicab passenger, subject to the following. This surcharge is
based on the following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is
deemed to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery
surcharge at each level of current gasoline prices is included in Schedule B of the
aforementioned Taxicab Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall
initially be determined as of October 1, 2006, and shall be determined and adjusted as
of January 1, April 1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the
surcharge shall be based upon the average, regular conventional retail gasoline price
per gallon in New York State, as reported by the U.S. Department of Energy, Energy
Information Administration (or its successor agency), for the date which is 10 days
before each of the effective dates set forth immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the
Controller of the City of Ithaca, at least five days before each of the effective dates set
forth above, which confirmation shall be made available by that time at City Hall and on
the City of Ithaca’s internet website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in effect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger,
prior to collection of the fare.
C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between
two zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by
an adult passenger. No driver shall be required to convey any child under the
age of five years unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a 50% discount. of
$1.15 in regulated fares.
Additional passengers. A taxicab vehicle for hire driver may charge $01.50 fare
for each additional passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per
passenger for each trip commencing or terminating between 8:00 p.m. and 5:00
a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by
two feet by six inches in size, and one travel bag for each passenger. A charge of
$1 for each oversized or additional piece of luggage under 25 pounds shall be
authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be
authorized. Each passenger shall be allowed to carry up to five papers or 10
plastic grocery bags at no charge. A charge of $0.25 for each additional grocery
bag shall be authorized. A $3.00 surcharge will be charged for oversized
luggage and trunks that weigh 50 pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges
other than those authorized by this article. However, non-solicited voluntary
tipping is permitted.
Out-of-own flat rates. If the taxicab vehicle for hire is engaged for an out-of-town
trip originating or terminating in the City of Ithaca, the taxicab driver shall agree
with the passenger prior to the commencement of the trip for the rate to be
charged, which shall include all tolls required to be paid.
Prepayment. A taxicab vehicle for hire driver shall have the right to demand
payment of the legal fare in advance and may refuse employment unless so
prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger
first employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch
when arranging for transportation. If a passenger is not willing to share a ride
with others, a $3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab vehicle for hire, there shall be no
charge for up to five minutes during which the taxicab vehicle waits for the
passenger at the passenger's request. There shall be a charge of $2 for each
additional five minutes or any portion thereof. The taxicab driver shall inform the
passenger of the charge for waiting time at the time of request.
Disputed fares. In the event that there is a dispute between the taxicab vehicle
for hire driver and a passenger with respect to a fare, the taxicab driver shall
submit the dispute to the desk officer in charge at police headquarters. If the
passenger then makes payment according to the amount determined by said
police officer, the passenger shall be given a receipt by the taxicab driver of the
amount paid, which shall be witnessed by the police officer. If the passenger
pays under protest, such fact shall be recorded by the desk officer, who shall
make a memorandum of the dispute and the disposition made. The disposition of
the dispute shall not be binding in a court.
Taxicab Vehicle for hire owners shall furnish each driver with a copy of the rate
rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules
fairly and consistently, advising them that charges must not be exceeded under
any circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline
prices exceed $5.00 per gallon, a fuel surcharge may be implanted by Common
Council. This surcharge will be added to the base fare.
§ 232-71. Taxicab Vehicle for hire stands.
A. Generally. It shall be unlawful for any taxicab vehicle for hire not licensed to operate
in the City of Ithaca pursuant to this article to occupy any portion of a taxicab vehicle for
hire stand in the City of Ithaca. No taxicab vehicle for hire shall stand within 10 feet of
any crosswalk or remain unattended at any taxicab vehicle for hire stand.
B. Number and location. The City Traffic Engineer and the Chief of Police shall
designate the location of taxicab vehicle for hire stands in the City using metal signs.
They shall specify whether or not the stands are for exclusive use by vehicles for hire.
taxicabs.
§ 232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab vehicle for
hire driver's or taxicab vehicle for hire business license and may refuse to approve an
application or a renewal thereof for any of the following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a
taxicab vehicle for hire license was the former holder or was an officer, director, partner
or stockholder in a corporation or a partnership which was the former holder of a taxicab
vehicle for hire license which had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit
to be a licensee in the best interest of the public welfare and safety.
B. Hearing. Any taxicab vehicle for hire driver or taxicab vehicle for hire business owner
whose license has been suspended or revoked or who has had a renewal refused or
any individual to whom an initial license has been refused shall be granted a hearing
before the Community Police Board within 30 days after written request therefor has
been made to the Chief of Police. At the hearing, such person shall have an opportunity
to rebut by evidence or testimony such suspension, revocation or refusal. The
Community Police Board is authorized to affirm, reverse or modify in any respect the
action of the Chief of Police.
§ 232-73. Penalties for offenses.
Any violation of any provision of this article shall be punishable as provided in Chapter
1, General Provisions, Article I, Penalties, of this Code.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
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.
To: Planning and Economic Development Committee Item # 6b
From: Jennifer Kusznir, Economic Development Planner
Date: October 6, 2015
RE: Proposal to Create Active Ground Floor Requirement on the Commons
The purpose of this memo is to provide information regarding a proposal to create a requirement
for active street level uses on the primary Commons.
Street level active uses encourage high levels of pedestrian activity and enliven the streetscape.
Therefore, staff is recommending that the City consider adopting requirements for ground floor
active uses on the Commons.
The City recently adopted similar regulations as a part of the Collegetown re-zoning, which
requires street level active uses in the MU-2 district. Active uses are defined in the MU zone as
any of the following:
Retail Store or Service Commercial Facility
Restaurant, fast food establishment, or tavern
Theater, bowling alley, Auditorium, or other similar public place of assembly
Hotel
Library or Fire Station
Public park or Playground
Bank or Monetary Institution
This concept is also supported by the City Comprehensive Plan, which was adopted by the
Common Council in September 2015. The plan outlines future uses for the downtown/core
business area and states that ground-level active commercial activity will enliven the streetscape.
This idea is also reinforced by the Downtown Ithaca Alliance 2020 Strategic Plan. The Strategic
Plan states that the plan relies on a dense urban core with a pedestrian-friendly street level
environment, and calls for zoning changes to encourage street level activity. It further states that
one of the key downtown planning principles is to maintain street-level retail uses in key
locations.
Staff feels that this zoning change will help to support the investment that the City has recently
put into the Commons and make it a more welcoming environment. If the committee is in
agreement, staff will circulate the concept and draft an ordinance, and return next month with
any comments that are received. If you have any questions, feel free to contact me at 274-6410.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Item # 7a
ORDINANCE __-2015
An Ordinance Amending Chapter 164 of the City of Ithaca Municipal Code
WHEREAS, Chapter 164 of the City of Ithaca Municipal Code prohibits the keeping of
chickens in the City, and;
WHEREAS, , and;
WHEREAS, , and;
WHEREAS, the Common Council desires to enable the keeping of backyard chickens in
the City; now therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that backyard chickens, if
properly maintained, can prove a positive initiative for the City, promoting food
sustainability without presenting a nuisance to neighboring residents or properties.
Section 2. Amendments to Section 164-2(B).
Section 164-2(B) shall be amended to read as follows:
Exception. This section shall not apply to the keeping of chickens to the extent
authorized by Article III of this Chapter, nor to any educational, scientific or research
institution maintaining, with adequate safeguards as to public health, safety, comfort and
convenience, any animals or other creatures for scientific, medical or other research
purposes.
Section 3. Amendments to Section 164-4
Section 164-4 shall be amended to read as follows:
Except as provided in the Agriculture and Markets Law, a violation of this article
constitutes a civil offense punishable in accordance with § 1-1 of the City of Ithaca
Municipal Code except that the unlawful keeping of chickens in the City shall be
punishable as follows:
(a) $250 for the first violation:
(b) $500 for the second violation: and
(c) $750 for the third or subsequent violation.
These penalties shall be in addition to any other penalties provided by law.
Section 4. Creation of Article III to Chapter 164
An Article III of Chapter 164 is hereby created as follows:
Article III: Backyard Chickens
164-21: Definitions
Lot: As defined in section C-73(C)(1) of the City Charter.
Lot Square Footage: As defined in section C-73(C)(1) of the City Charter.
Property Class Code: As defined in section C-73(C)(1) of the City Charter.
Rear Yard: As defined in section 325-3 of the City Code.
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall not apply to the keeping of
up to four female chickens (hens) per Lot while the animals are kept in such a manner
that all requirements of this Article are satisfied.
164-23: Requirements for Keeping Chickens
A. Chickens may only be kept on those Lots with a Property Class Code of 210, 215,
220, 240, 250, or substantially identical successor designations.
B. Chickens may only be kept on those Lots possessing a Lot Square Footage of not
less than 3,000 square feet.
C. No chicken facility or any structure that houses chickens, either temporarily or
permanently, shall be located within twenty feet of any adjacent residence, or
within three feet of the chicken owner’s residence or any other building on a lot;
D. Chickens may only be kept by a domiciliary of a dwelling unit located on the Lot
on which the chickens are kept.
E. Chickens must be kept in and confined in a properly designed and constructed
coop or chickenhouse, or a fenced and covered enclosure, that is at least 4 square
feet per chicken in size, which may be located only in the Rear Yard of the Lot,
and shall comply with the setback requirements of the zone in which it is located;
F. Each fenced and covered enclosure shall be designed with adequate yard space for
each chicken, including a run, and the coop or chicken house and the fenced and
covered enclosure combined shall not cover more than 50% of the rear yard.
Enclosures must be clean and resistant to predators and rodents.
G. During daylight hours the adult chickens shall have access to the chicken coop
and, weather permitting, shall have access to an outdoor enclosure on the subject
property, adequately fenced to contain the chickens and to prevent access to the
chickens by dogs and other predators.
H. Chicken feed must be in rodent resistant and weather proof containers.
Commented [AL1]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that various PCC‐classified
single‐ and two‐family homes do house 3+ families (and
perfectly legally so).
Commented [AL2]: Using PCC's here will be very exact‐
‐which is good‐‐but recognize that note that various PCC‐
classified single‐ and two‐family homes do house
3+multiple families (and perfectly legally so).
Commented [AL3]: For definitions, see
http://www.tax.ny.gov/research/property/assess/manu
als/prclas.htm#residential.
Commented [AL4]: This means it must be their
primary residence…
I. Chickens may not be butchered, slaughtered, or otherwise killed, for any reason
or any purpose, on any real property on which chickens are kept pursuant to this
Article.
J. A chicken coop, and the premises where the chicken coop is located, shall be
maintained in a condition such that the facility or chickens do not produce noise
or odor that creates a nuisance for adjoining Lots and the responsible domiciliary
and the owner shall remove any odorous or unsanitary condition. The Lot owner
shall be responsible for the repair on any adjoining Lot of any damage caused by
the chickens, including but not limited to damage to dwellings, structures and
yards, and shall be responsible for any unsafe condition.
K. The person keeping the chickens shall abide by all Solid Waste Storage and
Collection standards of the City's Exterior Property Maintenance Code, §331-7.
L. Roosters are expressly prohibited, regardless of the age or maturity of the bird.
164-24: Remedies Not Exclusive.
The remedies provided by this Article are cumulative and not mutually exclusive and are
in addition to any other rights, remedies, and penalties available to the City under any
other provision of law.
A. Any chickens that are not kept as required in this Article shall be deemed a public
nuisance and the owner or custodian shall be given thirty days to rectify the
conditions creating the public nuisance. In any case in which the City intends to
correct a violation of this chapter, including removing and confiscating any chickens
present, and then bill the property owner for the correction of the violation, the
Director of Planning and Development or his/her designee shall notify the owner of
the property and, where relevant, the registered agent who has assumed responsibility
as outlined in § 178-5 of this Code, in writing, of any violation of this chapter.
B. Any notice required by this section shall be served in person or by mail to the address
appearing on the City tax roll, requiring such person, within a time specified in such
notice but in no event less than thirty days from the service or mailing thereof, to
comply with this chapter and to abate the nuisance and, as appropriate, to remove the
chickens. Such notice shall also state that the property owner may contest the finding
of the Director of Planning and Development or designee by making a written
request to have a hearing on the matter held at the next regularly scheduled meeting
of the Board of Public Works.
C. Any request for such a hearing must be mailed and postmarked or personally
delivered to the Director of Planning and Development or designee within fourteen
days of the service or mailing of notice, and any such written request for a hearing
shall automatically stay further enforcement concerning the alleged violation pending
such hearing. The decision of the Board of Public Works, by majority vote, shall be
binding, subject to any further judicial review available to either the City or the
property owner.
D. Upon the failure of a property owner to comply with the notice of violation of this
chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated
in such notice, or upon a Board of Public Works’ determination, after such a hearing,
that a violation exists), the Director of Planning and Development or designee shall
refer the matter, by memorandum, to the Superintendent of Public Works, who shall
cause such premises to be put in such condition as will comply and shall charge the
cost thereof to the owner of said premises, including a charge of 50% for supervision
and administration. The minimum charge to the property owner for such work shall
be $50.
E. The City Chamberlain shall promptly present to the owner of any parcel so corrected
a bill rendered for such services, as certified by the Superintendent of Public Works.
If not paid within 30 days, the cost thereof shall be assessed against the property,
added to its tax and become a lien thereon, collectible in the same manner as
delinquent City taxes. Appeals from this section shall only be permitted if written
notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing
of the bill from the Chamberlain, and such appeals shall be taken to the Board of
Public Works.
Section 5. Severability. Severability is intended throughout and within the provisions of
this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This ordinance shall take effect immediately upon publication
as provided for in the City Charter.
For PC - Backyard Chicken
From: JoAnn Cornish
Sent: Friday, September 11, 2015 2:37 PM
To: Building Division
Subject: FW: Proposed City of Ithaca Code Amendment: Backyard Chickens
Please read and comment on the proposed ordinance to allow chickens in the
city. Many of the inspections, complaint responses and enforcement will fall on our
department. I don't anticipate this will generate a lot of extra work but I want you all
to be aware of it. Comments can be sent directly to me and I will compile them for the
Planning Committee.
Thanks, JoAnn
From: Mary Brenner
Sent: Tuesday, September 15, 2015 2:10 PM
To: JoAnn Cornish; Building Division
Subject: RE: Proposed City of Ithaca Code Amendment: Backyard Chickens
There was a very good reason to ban farm animals in urban settings in the first place. It's not only the lack
of personnel to enforce this that's troubling, it's that chickens are a food source for rats. It's been my
experience that even the best built coops and bins don't always hold up to rats. As a community we
should encourage organically grown and raised food on a large scale, for everyone, in the proper place.
Not just for owner occupied properties that have an area of 3000 SF.
Mary Brenner
Code Inspector
City of Ithaca Building Division
4th Floor City Hall
108 E. Green Street
Ithaca, NY 14850
607-274-6518
From: William Epthimiatos
Sent: Wednesday, September 16, 2015 8:26 AM
To: JoAnn Cornish
Subject: RE: Proposed City of Ithaca Code Amendment: Backyard Chickens
JoAnn,
As a resident of the City, I am strongly against keeping chickens or any
other farm animals within the City of Ithaca. They attract varmint and
other predators. As a Code Inspector I am not sure how we are going to
enforce any of this. How many chickens, is the coop maintained properly,
is it big enough, the neighbor’s dog, who is not cleaning up the coop, now
we see rats........These are just some of the complaints we will have to
deal with on top of everything else. I feel that if you would like to raise
Farm animals you should live on a Farm not within a city. Hope this helps.
Thank-you
William Epthimiatos
Senior Code Inspector
Building Division
City of Ithaca
607-274-6523
From: Skip Schell
Sent: Wednesday, September 16, 2015 3:58 PM
To: JoAnn Cornish; Building Division
Cc: Megan Wilson; Phyllis Radke
Subject: RE: Proposed City of Ithaca Code Amendment: Backyard Chickens
Good afternoon JoAnn,
I've had a chance to review the proposed backyard chicken ordinance and here are my thoughts:
1) Stated: "Many of the inspections, complaint responses and enforcement will fall on our department."
Is the Planning, Building and Economic Development Department as a whole going to be responsible for
this proposed code?
2) Stated: "there is an increasing number of City residents raising chickens in violation of the current City
code".
I agree that Section 164-2: Keeping animals restricted: prohibits chickens. If, according to the statement
above, the City is aware that these property owners are in violation, why aren't they being cited?
3) It's my opinion that a survey of the property should be required to be submitted, showing the size and
location of the proposed chicken house and stating the number of proposed chickens in order to
determine compliance of:
-lot size.
- setbacks from property lines
- setbacks from the owners residence and adjacent residences.
- lot coverage and proper size of chicken house and fenced enclosure per number of chickens proposed.
- showing location in the rear yard as required.
4) My understanding is that currently the police department enforces the noise ordinance. Will this be the
case when the chickens produce noise "that creates a nuisance for adjoining Lots"?
5) Will a building permit application be required to be submitted for the proposed keeping of the
chickens?
Currently 146-5 (B) of the Municipal Code ( and NYS Code) Exempts the following:
"Construction or installation of one-story detached structures associated with one- or two-family
dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds,
playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square
meters), no plumbing, electrical or heating equipment service or system is provided, and that the
structure complies with the area and setback requirements of Chapter 325;"
It appears that what is proposed is exempt from the building permitting process.
6) Section 164-8 Enforcement of the "Dog" ordinance allows "the authority to issue appearance tickets...”
Should this be considered for the chicken ordinance?
7) The ordinance does not apply to "the keeping of up to four female chickens (hens)". I personally don't
know the difference between the female and male chickens.
8) If someone wants a variance from the ordinance (say they have a 2,800 SF lot size when 3,000 SF is
required) who do they go to, what Board?
Just my thoughts on the proposed new ordinance.
Skip
William "Skip" Schell
Senior Plan Examiner
Building Division
4th Floor, City Hall
108 E. Green St.
Ithaca, NY 14850
(607) 274-6511
BACKYARD CHICKENS
1. License chickens through the City Clerk’s Office similar to licensing dogs. Grant a License or Permit
to the property / property owner to harbor chickens?
2. City Police Dept. enforce the ordinance, licensing and complaints.
3. Does the Ordinance address how the present scofflaws and their outlaw chickens will be identified
and brought into compliance with the new regulations?
a. Will there be an amnesty period for scofflaws to voluntarily come forward?
b. Will current scofflaws be automatically assessed fines or penalties; if not why not?
4. The ordinance enforcement officer (Police or CSO) must have authorization to enter the property at
reasonable times for the purposes of conducting visual inspections, assess compliance requirements
and separation distances (measurements). If entry is refused or not obtained, the code official is
authorized to pursue entry to the property.
5. Harboring chickens not allowed without first having obtained required licenses and/or permits.
Licenses or permits not transferrable.
6. Establish conditions for revocation or denial of renewal of licenses and/or permits.
a. Habitual violators of the ordinance;
b. Three (3) or more violations within a specified time period;
c. Multiple (3 or more) Police responses to complaints within a specified time period;
d. Appeal or hearing process for revocation by a new committee or board appointed by the Mayor.
F Michael K. Swasta
Senior Code Inspector
City of Ithaca Building Division
DEPT OF PLANNING, BUILDING & ECONOMIC DEVELOPMENT
4th Floor City Hall
108 East Green Street
Ithaca, NY 14850-5690
Telephone: 607-274-6508
Fax: 607-274-6521
Email: mswasta@cityofithaca.org
Proposed edits to Chicken legislation
Cynthia Brock
Sent:Thursday, September 24, 2015 11:58 AM
To:Common Council; Aaron Lavine; JoAnn Cornish; Svante Myrick
Hi Everyone,
I wanted to share my thoughts and suggested edits to the proposed Chicken legislation included
in this month's P&EDC agenda http://cityofithaca.org/AgendaCenter/ViewFile/Agenda
/09092015-880
164-22 Backyard Chickens
The prohibition against keeping chickens in this Chapter shall not apply to the keeping of up to four
female chickens (hens) per Lot while the animals are kept in such a manner that all requirements of
this Article are satisfied. (add: The keeping of Guinea Hens is prohibited.)
< see https://www.youtube.com/watch?v=705vg1IkF38 for sounds of female guinea hens, which is
significantly loud and inappropriate for the city.>
164-23: Requirements for Keeping Chickens
(..)
E. Chickens must be kept in and confined in a properly designed and constructed coop or chicken
house, or a fenced and covered enclosure, that is at least 4 square feet per chicken in size, which may
be located only in the Rear Yard of the Lot, and shall comply with the setback requirements of the
zone in which it is located.
F. Each fenced and covered enclosure shall be designed with adequate yard space for each chicken,
including a run, and the coop or chicken house and the fence or covered enclosure combined shall not
cover more than 50% of the rear yard. Enclosures must be clean and resistant to predators and
rodents.
< These two clauses are confusing and contradictory. The way this is written, clause E specifies that
chickens can be kept in a coop OR chicken house OR a fenced and covered enclosure as long as either
is 4 sq ft per chicken. As I read this, the coop or chicken house need not be covered. Clause F
specifies that the fenced and covered enclosure needs yard space and a run (the coop or chicken house
does not?). Lastly, since the coop or chicken house is not required to be fenced or covered or
enclosed, it is not required to be resistant to predators and rodents.>
I suggest the following:
E. Chickens must be kept in and confined in a (add: fenced and covered enclosure containing a
properly designed and constructed coop or chicken house) that is at least 4 square
feet per chicken in size, which may be located only in the Rear Yard of the Lot, and shall comply with
the setback requirements of the zone in which it is located.
Proposed edits to Chicken legislation https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=...
1 of 2 10/8/15 12:51 PM
F. Each fenced and covered enclosure shall be designed with (del: adequate) yard space (add: that is at
least X square feet) for each chicken, (del: including a run), and the coop or chicken house and the
fence or covered enclosure combined shall not cover more than 50% of the rear yard. Enclosures
must be clean and resistant to predators and rodents. <I am assuming yard space and a run are the
same thing>
<I'm not sure of the intent of Clause G, and suggest removing it. It seems to say that chickens should
only have required access to the coop during the day and not at night. Clause F already requires that
the enclosures be resistant to predators and rodents and Clause E requires that the chickens be
confined in a covered enclosure.>
(del:
G.
During daylight hours the adult chickens shall have access to the chicken coop and, weather
permitting, shall have access to an outdoor enclosure on the subject property, adequately fenced to
contain the chickens and to prevent access to the chickens by dogs and other predators.)
(del: I. Chickens may not be butchered, slaughtered, or otherwise killed for any reason or any
purpose, on any real property on which chickens are kept pursuant to this Article.)
I suggest deleting Clause I for three reasons: first, someone can go to their next door neighbor's house
and kill a chicken, so we are not saying killing chickens in the city is prohibited, only that killing
chickens are prohibited where chickens are raised (?); second, there is no threat of someone creating a
slaughterhouse, as only 4 chickens can be kept at one time; third, it is prohibitive against individuals
who want to have chickens as a source of food, and not just for eggs. If the goal is to promote "food
security", "sustainability" and so on, we should treat access to chicken meat and eggs equally. Is
there a justifyable reason that killing chickens would be prohibited in the City? I am presuming that
concerns of noise or mess pertaining to the slaughtering of chickens (on subject property or any
property) are otherwise addressed through existing legislation regulating noise or exterior property
maintenance.
Thanks for your consideration,
Cynthia Brock
Alderperson, First Ward
607 398-0883
cbrock@cityofithaca.org
"America is not like a blanket -- one piece of unbroken cloth. America is more like a quilt --
many patches, many pieces, many colors, many sizes, all woven together by a common
thread."
~ Reverend Jesse Jackson (Minister, Civil Rights Activist)
Proposed edits to Chicken legislation https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=...
2 of 2 10/8/15 12:51 PM
City of Ithaca
Planning & Economic Development Committee
Wednesday, September 9, 2015 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick,
Cynthia Brock, and Josephine Martell
Committee Members Absent: Ellen McCollister
Other Elected Officials Attending: Mayor Svante Myrick
Staff Attending: JoAnn Cornish, Director, Department of Planning,
Building, Zoning, and Economic Development;
Megan Wilson, Senior Planner, Department of
Planning, Building, Zoning, and Economic
Development; Nels Bohn, Director, Ithaca Urban
Renewal Agency; Debbie Grunder, Executive
Assistant, Department of Planning, Building,
Zoning, and Economic Development
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:04p.m.
1) Call to Order/Agenda Review
No changes were made to the agenda.
2) Special Order of Business
There was no special order of business.
3) Public Comment and Response from Committee Members
There was no one from the public to speak.
Committee Members Announcements/Responses
Alderperson Brock reported on the Shade Tree Advisory Committee meeting she had
attended. A number of guidelines have been identified which the committee would like
to be followed and eventually be part of site-plan review process.
Cornish stated she has been in contact with that committee. The Planning Department
has not been able to review this due to their work load. It is fine to have the guidelines,
but enforcement is also very crucial to make this work.
Mayor Svante Myrick joined the meeting at 6:08 p.m.
Alderperson Kerslick also suggested the need of planted trees with parking lots.
4) Announcements, Updates, and Reports
a) EPMO Fines
Alderperson Martell had no information to provide since the August meeting was
canceled.
Cornish informed the group that the new email notification program was just
announced on the City website today.
Alderperson Brock stated she had a constituent who was asked to agree to the
terms and conditions, but were not taken to the terms and conditions.
b) CIITAP Revision
Chair Murtagh stated the committee has met a number of times.
Alderperson Brock asked for a follow-up to her concern in last month’s meeting
regarding having a diversified group on the committee. Murtagh stated that
diversification will be discussed at the next CIITAP meeting.
c) Taxi Regulations
City of Ithaca Clerk Julie Holcomb has asked for another month before requesting
approval to circulate.
d) Commons
Chair Murtagh announced the Commons is opened and a grand opening
celebration took place in late August 2015. He thanked Director Cornish as well as
the Planning Department and Commons Committee for seeing this project through
to completion.
5) Discussion
a) Comprehensive Plan: Phase II
Megan Wilson explained what the Comp Plan Committee will be reviewing based on what
already is completed in Plan Ithaca. There are two top categories which are Thematic
Plans and Neighborhood Plans. In the Thematic Plan, Housing Strategy, a Transportation
Plan, and a Flood Management Plan are the top priorities.
Cornish further informed the group of a conversation she had with Michael Thorne
regarding the flood management plan that the Department of Public Works is working on.
Wilson reported on the Neighborhood Plans. Southside is a priority of the Committee.
Two other areas of the City are also of top priority. They are the Waterfront/Inlet Island
and West Hill. Existing plans for all three plans are very old are in need of updates.
Wilson stated that the Committee would like to begin on this phase in the first quarter of
next year. Wilson stated that these are the final recommendations/suggestions of the
Comprehensive Plan Committee. It will be up to Common Council to guide the Committee
as to how many should be done and how many will be done in any given year.
Cornish stated the plans will be kept in house rather hire outside consultants. The
Planning Staff knows the communities better than anyone who would be hired on.
Mayor Myrick stated that he would like to see the housing strategy in the thematic plan be
worked on first, then the Waterfront/Inlet Island area, then the West Hill Neighborhood.
Alderperson Brock agreed with Mayor Myrick as housing strategy should be focused on
first. She further stated that of all the areas in the City, West Hill is the area with the most
undeveloped land.
Alderperson Kerslick agrees with the others that the Thematic Plan – Housing Strategy is a
very important issue.
Wilson said it will be a challenge to decide how to proceed and prioritize.
Cornish sated that Phase II is fully funded. We are applying for a grant in order to fund the
Parks Master Plan which, if received, that work will be hired out.
Cornish asked the group to think this over. We will bring more information next month
from the Planning Board’s recommendations and see how to proceed.
Alderperson Martell asked about Cornell Heights. Wilson stated the committee doesn’t
see it as one of the top priority areas, but again she stated it will be up to Common Council
to direct staff how to proceed.
6) Action Items – Voting to Send onto Council
a) Public Art Commission Mural (Cass Park)
Resolution to Select Artwork for a Mural Installation at Cass Park
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed Unanimously.
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other
duties, review and advise the Common Council on proposals for the exhibition and display of public
art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within
the city, while providing local artists from all sections of the community an opportunity to showcase
their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and street art
by resolution on May 19, 2010 and added the exterior of the main building and the five outbuildings
at Cass Park to this list on September 14, 2015, and
WHEREAS, Ramiro Davaro-Comas submitted a proposal for a mural featuring owls, cats, and
zebras to be installed on the large pool filter building at Cass Park, as part of the PAC’s Mural and
Street Art Program, and
WHEREAS, the PAC held a public comment period on the mural design and location at its meeting
on August 26, 2015 to gather input on the proposed installation, and the majority of the responses
to the proposal have been positive, and
WHEREAS, the City of Ithaca Parks Commission supports the installation of the proposed mural in
Cass Park, and
WHEREAS, the artist will donate his time and materials to install the mural, and the installation will
be budget-neutral to the City, and
WHEREAS, at its meeting on August 26, 2015, the Public Art Commission voted to recommend
that the Common Council select Ramiro Davaro-Comas’s mural to be installed at Cass Park; now,
therefore, be it
RESOLVED, that the City of Ithaca Common Council selects Ramiro Davaro-Comas’s mural
featuring owls, cats, and zebras, as recommended by the Public Art Commission, to be installed on
the large pool filter building at Cass Park and to be added to the City of Ithaca’s public art
collection; and be it further
RESOLVED, that the selected artist may proceed with the installation of the mural upon the
execution of an agreement with the City as reviewed by the City Attorney.
b) Fair Housing Action Plan
Fair Housing Action Plan – HUD Entitlement Program
Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed Unanimously.
WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development (HUD)
notified the City that it qualified as an ‘Entitlement Community’ and that it would be receiving an
annual allocation of HUD funds through the Community Development Block Grant Program
(CDBG) and HOME Investment Partnerships (HOME) Program, and
WHEREAS, in order to access these funds, the City is required, every five years, to undertake an
Analysis of Impediments to Fair Housing Choice (AI) and develop an Action Plan to address the
impediments identified in that analysis, and
WHEREAS, in June 2014 the Tompkins County Office of Human Rights (OHR) was retained as a
consultant to conduct the City’s AI and did deliver the completed analysis to the City in May 2015,
and
WHEREAS, the AI identifies nine direct and one indirect impediments to Fair Housing Choice in the
City of Ithaca, and
WHEREAS, under the terms of the February 14, 2013, agreement between the City of Ithaca and
the Ithaca Urban Renewal Agency (IURA), the City has designated the IURA as the Lead Agency to
plan, administer, implement, and monitor the HUD Entitlement grants awarded to the City in
accordance with all program requirements, and
WHEREAS, at their June, July, and August 2015 Neighborhood Investment Committee meetings the
members reviewed the AI submitted by OHR, discussed the identified impediments, and prepared
a Draft Action Plan for the consideration of the IURA and Common Council, and
WHEREAS, at their August 2015 meeting the IURA reviewed the Draft Action Plan and
recommended its adoption, now, therefore be it
RESOLVED, that the Common Council for the City of Ithaca hereby adopts the IURA‐recommended
Fair Housing Action Plan, dated August 14, 2015.
Chair Murtagh asked if there were any questions for Nels Bohn, IURA Director.
Alderperson Brock appreciates the way in which the impediments are laid on in the draft
explained.
7) Action Items – Approval to Circulate
a) Backyard Chickens
After a lengthy discussion on the possible nuisance of raising chickens, the noise,
the smell, rodents, etc. the committee agreed to approve circulation.
Mayor Myrick stated if residents were made to be licensed in order to raise
chickens, it may cause more people to go ‘underground’ to raise them.
Alderperson Kerslick stated that a licensing program should be looked at.
Alderperson Brock suggested if not a licensing program, perhaps a registration
program would work.
Alderperson Brock moved to strike Item # I; seconded by Martell. Failed, but
flagged.
Alderperson Martell recommended grandfather existing chicken owners with bigger
lots the
Alderperson Martell; seconded by Kerslick. Passed unanimously.
8) Review and Approval of Minutes
a) July 2015
b) August 2015
Both sets of minutes were moved by Alderperson Kerslick; seconded by
Alderperson Brock. Passed Unanimously.
9) Adjournment
All agreed to adjourn at 8:16 p.m.