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HomeMy WebLinkAboutMN-G&IMR-2006-02-27 GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 27, 2006 PRESENT: Chair Zumoff Alderpersons (4) Gelinas, Berry, Seger, Tomlan OTHERS PRESENT: City Attorney— Hoffman City Clerk - Holcomb Mayor Peterson Ithaca Police Officer— Garin Alderperson Townsend APPROVAL OF MINUTES; Approval of January 23, 2006 Governance & Intermunicipal Relations Committee Meeting Minutes — Resolution By Alderperson Gelinas: Seconded by Alderperson Tomlan RESOLVED, That the minutes of the January 23, 2006 Governance & Intermunicipal Relations Committee meeting be approved as amended. Carried Unanimously Announcements and Reports from Committee Members: Alderperson Zumoff voiced his disappointment that the notice of tonight's meeting was not published in the Ithaca Journal. He stated that the City would continue to work with the staff from the Ithaca Journal to improve the notification and coverage of city meetings. An Ordinance to Amend Chapter 250 of the City of Ithaca Municipal Code Entitled "Peace and Good Order" to Include an Aggressive Solicitation Prohibition. By Alderperson Seger: Seconded by Alderperson Tomlan ORDINANCE NO. 06- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 250 of the City of Ithaca Municipal Code Entitled "Peace and Good Order" is hereby amended to add the following language: §250-9. Aggressive Solicitation. Governance and Intermunicipal Relations Committee February 27, 2006 (A) Findings. The Common Council finds that aggressive solicitation negatively affects the following significant governmental interests: (1) Protection of citizens from physical threats or injury and from damage to property; (2) Prevention of harassment and intimidation of members of the public; (3) Prevention of violent crimes; (4) Traffic control and public safety. The Common Council finds that aggressive solicitation is extremely disturbing and disruptive to the public and contributes to a loss of access to and enjoyment of a public place, and to an enhanced sense of fear, intimidation and disorder. This law is intended to combat the negative effects of aggressive solicitation. It is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity. (B) Definitions. For the purpose of this section: Aggressive Manner shall mean any of the following: (1) Without invitation, consent or acquiescence by the person being solicited, speaking to that person in a manner which is intended to cause that person -- or is likely to cause a reasonable person -- to fear bodily harm to one's self or to another; (2) Without invitation, consent or acquiescence by the person touched, intentionally touching another person during an act of soliciting; (3) Without invitation, consent or acquiescence by the person being solicited, intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take substantial evasive action to avoid physical contact; (4) Using violent or obscene gestures toward a person solicited; (5) Continuing to solicit from a person or continuing to engage that person after the person has given a negative response to such soliciting or after that person walks away from the person soliciting; (6) Following the person being solicited, with the intent of asking that person for money or other things of value. Soliciting shall mean asking for money or objects of value in a public place, with the intention that the money or object be transferred at that time and at that place. However, this ordinance is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor does this ordinance or the definition of solicitation proscribe fixed advertising attached to an existing premises, or signs and/or written material allowed under any other applicable city 2 Governance and Intermunicipal Relations Committee February 27, 2006 ordinance, regulation, license or permit. Public Place shall mean a place owned by a municipality, including but not limited to: street or highway; public parking lot; public plaza; public transportation structure, facility or vehicle; public park or playground; public sidewalk; and the Ithaca Commons. (C) Prohibited Act. No person shall solicit in an aggressive manner in any public place. (D) Penalties. Any violation of the provisions of this law constitutes a civil offense punishable in accordance with Section 1.1 of the City of Ithaca Municipal Code. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Alderperson Zumoff explained the history of the proposed legislation, and reviewed previous discussions and concerns. He stated that the current proposal is a hybrid of two proposed Ordinances. Assistant City Attorney in Charge of Prosecution Robert Sarachan joined the committee to discuss the Ordinance and answer questions. Discussion followed on the floor regarding the definition of solicitation, and the issue of people being followed after they have been solicited. Friendly amendments were offered to change the proposed language to read as follows: 1.) B. Definitions "(6) Following the person being solicited while continuing to solicit., with tho 2.) "Soliciting shall mean asking verbally or non-verbally for money or objects of value in a public place, with the intention that the money or object be transferred at that time and at that place. However, this ordinance is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor does this ordinance or the definition of solicitation proscribe fixed advertising attached to an existing premises, or signs and/or written material allowed under any other applicable city ordinance, regulation, license or permit." 3 Governance and Intermunicipal Relations Committee February 27, 2006 3.) "(D) Penalties. Any violation of the provisions of this law shall be punishable as a Civil Offense in accordance with Section 1-1 of the City of Ithaca Municipal Code." No Committee member objected to the changes in the language. Alderperson Berry arrived at the meeting at 7:50 p.m. and noted that she had been following the discussion through the television coverage of the meeting. A vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 1 of the City of Ithaca Municipal Code Entitled "General Provisions" to add a Penalty for Civil Offenses By Alderperson Gelinas: Seconded by Alderperson Seger ORDINANCE NO. 06- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 1-1 of the City of Ithaca Municipal Code Entitled "Penalties for Offenses" is hereby amended to read as follows: § 1-1. Penalties for offenses. A. Unless a different penalty is specified, violations of the provisions of this Code shall be punishable by a fine of not more than $250 or imprisonment for a term of not more than 15 days, and not less than $100 or 25 hours of community service. For the purpose of determining the appropriate fine, each day on which the violation continues to exist shall be considered a separate offense. In no case shall a term of imprisonment exceeding 15 days be imposed as a penalty for violations of this Code, no matter how many days of violation are charged, unless, by separate Code section, the violation has been classified as a misdemeanor. B. Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be: not more than $40 nor less than $20 for a first offense at the same property; not more than $60 nor less than $30 for a second offense at the same property; and not more than $100 nor less than $50 for a third offense at the same property, if a conviction for such offense occurs within the same twelve-month 4 Governance and Intermunicipal Relations Committee February 27, 2006 period. Each day on which the condition exists may be charged and shall be considered as a separate offense. [Amended 7-2-2002 by L.L. No. 3-2002] Code Section 196-5 (Uncollected garbage) 210-35 (Open areas) 210-36C (Accessory structures) 210-38 (Garbage and refuse) 272-4D (Mobile signs) 272-4E (Banners and pennants) 285-5 (Sidewalks) 325-20C(1)(j)(Front yard parking) 325-20D (Front yard parking) 325-23B(1) (Yard maintenance) C. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Building Commissioner and/or Commissioner's designee(s) charging violations of any of the above sections whenever there is probable cause to believe that said violations have occurred. Any rights to administrative appeals to any board or commission of the City of Ithaca mentioned in any subsequent section of this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of any of the above-listed Code sections. Any right to an administrative appeal from a decision or determination of the Building Commissioner or other city official with regard to the above Code sections shall apply only in cases in which the city intends to correct the violation and seek to charge the property owner or other responsible party for the costs of correction. D. Violations of any provisions of this Code for which the penalty is designated as a Civil Offense under 1-1 shall be punishable by a fine not to exceed $250 or 50 hours of community service. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Assistant City Attorney in Charge of Prosecution Robert Sarachan joined the Committee for discussion. He explained that violations of City Code that are designated as "Civil Offenses" would not be subject to jail time. Discussion followed on the floor regarding the types of violations that might be categorized as "Civil Offenses". 5 Governance and Intermunicipal Relations Committee February 27, 2006 Alderperson Zumoff noted that he discussed the proposed language with both City Court Judges who indicated that they were in favor of the legislation. A vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Add Chapter 330 to the City of Ithaca Municipal Code Entitled "Business Operations" By Alderperson Berry: Seconded by Alderperson Gelinas ORDINANCE NO. 06- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 330 Entitled "Business Operations" is hereby added to the City of Ithaca Municipal Code as follows: ARTICLE I PARKING GARAGE OPERATIONS §330- 1 Definitions. For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage. PARKING GARAGE-- For the purposes of this article, a parking garage is a multi-level structure designed for automobile parking with an entrance or exit on Seneca Street, Tioga Street, Green Street, Cayuga Street or Dryden Road. PROXIMITY CARD-- A card issued by the proper parking authority to give the recipient a permit to park in a parking garage. AUTOMATIC PARKING CARD-- A card produced by a mechanical device generated with a time stamp to record when the parking time for a parking garage patron has commenced. PATRON-- A person who enters a parking garage in a car. § 330-2 Theft of parking services prohibited. No person shall intentionally fail to pay for parking charges incurred in a parking garage. 6 Governance and Intermunicipal Relations Committee February 27, 2006 § 330-3 Theft of parking services, presumptions. 1. Except as provided in this article, any person who fails to pay for parking charges incurred in a parking garage shall be presumed to have done so intentionally. 2. Obtaining a second parking card prior to paying for parking is presumed to done with an intention to avoid paving for all or some of parking charges incurred. 3. Use of a proximity card by someone other than the authorized user is presumed to have been done so that the non-authorized user can avoid paying parking charges. 4. Using or permitting the use of a proximity card in a manner not authorized is presumed to have been done so to intentionally avoid the paying for parking. § 330-4 Theft of parking services, exceptions It shall be an affirmative defense to any violation of this article that: 1. There was no person present at the exit whom to pay upon the patron's exit; 2. There was a mechanical failure with the automatic parking card machine at the time of the patron's entering the parking garage; 3. The patron was ready, willing and able to pay, but was unable to do so due to any circumstances beyond the patron's control or some extraordinary circumstance; 4. That the patron inadvertently entered the parking garage with insufficient funds to pay for the parking and makes restitution at the appropriate location within two business days. 330-5 Theft of parking services, penalties The violation of any provision of this article shall be punishable by a fine of$50; provided, however, that a person who violates this article after having been convicted of a violation of this article within the preceding three years shall be punishable by a fine of $100; and further provided that, upon application by the city, that a person who violates this article after having been convicted of a violation of this article within the preceding three years shall be prohibited from entering any parking garage for one year from the date of conviction, entrance thereby being deemed a trespass. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. City Clerk Holcomb explained that the proposed Ordinance is the result of a request from Department of Public Works employees. The Ithaca Police Department has been 7 F Governance and Intermunicipal Relations Committee February 27, 2006 unable to enforce theft of services violations as New York State law does not address parking facilities, and local legislation does not currently exist. Mayor Peterson noted that as written, this legislation would not include Lot D adjacent to the Tompkins County Public Library. Further questions were raised regarding how this legislation would affect the Cayuga Garage. It was determined that this legislation needed additional consideration before being forwarded to Common Council. Motion to Table By Alderperson Berry: Seconded by Alderperson Seger RESOLVED, That this item be tabled pending further consideration. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:40 p.m. itht 'q\-KCDPIL lie Conley Holcdmb Joel Zumoff / // City Clerk Chair 8