HomeMy WebLinkAboutMN-GOV-2005-04-25 s
GOVERNANCE COMMITTEE PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting April 25, 2005 7:00 p.m.
PRESENT:
Chair Mackesey
Alderpersons (4) Whitmore, Zumoff, Taylor, Korherr
OTHERS PRESENT:
City Attorney— Luster
Information Management Specialist - Day
City Clerk—Julie Conley Holcomb
Mayor Peterson
Fire Chief— Brian Wilbur
Assistant Fire Chief- Tom Parsons
Associate Attorney - Khandikile Sokoni
Alderperson — Coles
Alderperson —Townsend
Alderperson —Tomlan
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Taylor requested the addition of the following item:
11 - Resolution - Regarding Chapter 240 of the City of Ithaca Municipal Code Entitled
"Noise".
APPROVAL OF MINUTES:
By Alderperson Korherr: Seconded by Alderperson Whitmore
RESOLVED, that the minutes of the March 28, 2005 Governance Committee meeting
be approved as published.
Carried Unanimously
PUBLIC COMMENT
Casey Fishman — City of Ithaca, Cornell student, addressed the Committee regarding a
party that she hosted along with her roommates. The Ithaca Police Department arrived
in response to a noise complaint, and the party was shut down. Six of the residents
were arrested, handcuffed, and taken to the police department to post bail. Ms. Fishman
stated that this action was unwarranted as they were cooperating with law enforcement
officers.
Lauren Martinez— City of Ithaca, Cornell student, spoke on behalf of Ms. Fishman
confirming the cooperation with law enforcement, and voiced her opinion that the
arrests were unwarranted and the situation was handled poorly.
Allen Chen — City of Ithaca, Cornell student, stated that he experienced a similar
situation. His gathering of friends was also dispersed and he was arrested on a noise
complaint and forced to post bail.
RESPONSE TO PUBLIC BY COMMITTEE MEMBERS:
Discussion followed on the floor with Council members thanking the students for voicing
their concerns and expressing their opinions of the situation based on the information
that was provided. Further discussion was deferred to later in the meeting.
ANNOUNCEMENTS AND REPORTS FROM COMMITTEE MEMBERS:
Alderperson Taylor stated the Rental Housing Commission would be holding a public
forum at GIAC on Wednesday, April 27, 2005 from 6:00- 7:30 pm.
Mayor Peterson announced that the Southwest Client Committee would be holding a
public forum on May 3rd at 7:00 pm, at the Women's Community Building.
A Local Law to Amend section 181-23 of the City of Ithaca Municipal Code
Entitled "Issuance of Appearance Tickets"
By Alderperson Taylor: Seconded by Alderperson Korherr
LOCAL LAW NO. OF 2005
WHEREAS pursuant to Section 181-7(C) the Chief of the Fire Department and his/her
designees were authorized to issue appearance tickets related to fire prevention and/or
safety, but said provision did not specifically authorize the issuance of appearance
tickets for fire related parking violations, and
WHEREAS pursuant to Local Law No. 2 of 2001adopted on January 3, 2001, the City
of Ithaca Common Council granted the Chief of the Fire Department and certain
designated staff of the Fire Department of the City of Ithaca authority to issue
appearance tickets to enforce any statute, local law, or ordinance, rule, or regulation
with regard to parking violations related to fire prevention and/or safety, and
WHEREAS the above referenced Local Law added a new Section 181-23 to the City of
Ithaca Municipal Code, and
WHEREAS the City of Ithaca Common Council is now in the process of revising
Chapter 181 of the City of Ithaca Municipal Code to comply with State legislation that
now supersedes any local fire codes but authorizes municipalities to adopt provisions
related to enforcement and administration of the Fire Code of New York State, and
WHEREAS the Common Council wishes to consolidate the above provisions under one
addressing the issuance of all appearance tickets by the Fire Department, now,
therefore
BE IT ENACTED AS FOLLOWS:
Section 1.
Section 181-23 of the City of Ithaca Municipal Code is hereby amended as follows:
"§ 181-23. Issuance of appearance tickets.
The Chief of the Fire Department, the Deputy Chief, and other Fire Department
personnel designated by the Chief of the Fire Department shall have the authority, as
provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in
accordance with Article 150 of the New York State Criminal Procedure Law, to enforce
any statute, local law, or ordinance, rule, or regulation with regard to fire prevention
and/or safety and shall also have the authority to issue appearance tickets for any
parking violations related to fire prevention, public health and/or safety."
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of State as
provided by Law.
Carried Unanimously
An Ordinance to Amend Chapter 181 of the City of Ithaca Municipal Code Entitled
"Fire Prevention"
By Alderperson Zumoff: Seconded by Alderperson Taylor
ORDINANCE NO. -2005
WHEREAS the State enacted legislation titled the "Uniform Fire Prevention and Building
Code of New York State" effective January 1, 2003, to be applicable throughout the
State of New York, including in the City of Ithaca, and
WHEREAS the said Uniform Code comprises several sub-units including the Fire Code
of New York State, and the Property Maintenance Code of New York State, and
WHEREAS although the task of developing and promulgating the Uniform Code is a
State responsibility, and municipalities no longer have authority to enact substantive
provisions related to fire safety and prevention, New York Executive law § 381 directs
that cities, towns and villages of the State shall be responsible for enforcing the Fire
Code of New York State, and
WHEREAS in view of these developments the City of Ithaca Common Council wishes to
amend the portions of Chapter 181 of the City of Ithaca Municipal Code entitled "Fire
Prevention" which previously established a Fire Code for the City of Ithaca in order to
make the said Chapter consistent with State Law, and to provide for enforcement of the
Fire Code of New York State, now therefore
Section 1.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows: that Chapter 181 of the City of Ithaca Municipal Code entitled "Fire
Prevention" is hereby amended as follows:-
Chapter 181, FIRE PREVENTION
ARTICLE I, Firesafety
§ 181-1. Blockading at fires or other emergencies.
The official in charge at any fire or emergency scene may, when deemed necessary by
him/her, blockade any street or part of a street or other place at or near a fire or
emergency scene so as to secure the safety of the personnel and apparatus, and no
person shall break through or attempt to break through such blockade.
§ 181-2. iniufy Damage to fire apparatus prohibited.
No person shall enter any place where any fire implements or apparatus may be with
intent to injure damage the same or shall willfully injure damage any such implements or
apparatus or shall remove any portion thereof or shall willfully do any damage to any
engine-house or other place where the apparatus is or may be stored or to any fixture,
articles of furniture or ornament in or about any such house or place.
§ 181-3. Fire alarms.
A. Tampering prohibited. No person shall meddle or in any manner touch or
interfere with the fire alarm wires or boxes of the City, except on proper occasion to
given an alarm of fire; nor shall any person place any obstruction or suffer or permit any
pole, tree, building or other obstruction to fall upon or against any fire alarm box or wire
in the City.
B. False alarms.
(1) No person shall intentionally give or cause to be given a false alarm of fire
(2) No person shall engage in deliberate or careless conduct which shall result in a
false alarm of fire to be transmitted in any fashion.
(a) Construction/maintenance activities. No person, who will perform maintenance,
construction, cleaning, or other such activities which are likely to activate a fire detection
or fire suppression system device in a building protected by a fire detection or
suppression system, shall initiate any such activities until such time as they have
determined that the fire detection or fire suppression system has been properly
protected against inadvertent activation of such system. Protective measures include,
but are not limited to, device and/or zone isolation, or system isolation. When any
question exists as to whether or not such system has been properly isolated, the Fire
Department shall be consulted prior to any such work commencing.
C. Fees for master box connections to municipal fire alarm system.
(1) An annual fee shall be assessed to each premises which has a master fire alarm
box which interconnects the building fire alarm system with the municipal fire alarm
system. This fee shall be the reasonable and expected costs associated with the
maintenance of the municipal fire alarm system, as developed through the program
budget accounting system. This cost will be divided by the number of master fire alarm
boxes connected to the system, as documented by the Fire Chief. The fee for a master
box connection shall be calculated each year and approved by the Board of Fire
Commissioners. Upon approval, the Fire Chief shall send notices of such charge and
the locations of each master box to the City Chamberlain, but not sooner than March 1
of each year.
(2) The property owner shall be billed for the annual fee as established in
Subsection C(1) above. This fee shall be paid to the City Chamberlain within 30 days of
the billing date. If the required fee is not paid within 30 days of the billing date, the City
Chamberlain shall enter the same as a lien against the premises as provided in § C-54
of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next
assessment roll of general city taxes and shall collect and enforce the assessment in
the same manner and by the same proceedings, at the same time and with the same
penalty as the general city tax and as part thereof, except that, in addition to the
penalties provided for in the aforementioned provisions, interest shall accrue from the
date of billing to the date of actual payment at 12% per annum or $3 per month,
whichever is greater.
§ 181-4. Fire service outside city.
A. Authority. Pursuant to the provisions of § 209 of the General Municipal Law, the
Fire Department of the city is hereby authorized and permitted to go to the aid of
another city, village, town, fire district, fire protection district, fire alarm district or other
territory outside said city.
B. Conditions. The Chief of the Fire Department or, in the Chief's absence, the
person in charge thereof is hereby authorized to extend such aid under the following
conditions and restrictions:
(1) Such aid shall not be given to such an extent or under such circumstances as to
unreasonably or dangerously impair the adequacy of said Fire Department for the
extinguishment of fires within the city.
(2) Said Chief, in connection with each call for outside assistance, shall prepare a
claim for all loss, damage to apparatus or other equipment, expenses incurred in the
operation of apparatus and equipment and costs of materials used and render such
claim to the officer specified in and in the manner provided by § 209, Subdivision 2, of
the General Municipal Law if so directed by the Common Council.
(3) The Board of Fire Commissioners of the city shall have the power to make such
additional rules, regulations, conditions and restrictions not inconsistent herewith as it
may deem proper and desirable.
C. Indemnity of city. The territory to which such outside assistance is rendered shall
assume liability for injuries or damage to person or property of others for which the city
might be liable, whether under the provisions of §§ 50-a, 50-b and 50-c of the General
Municipal Law or otherwise. The Board of Fire Commissioners may, in its discretion,
require such agreement, certificate of insurance or other form of indemnity as it may
deem necessary or practicable as a condition precedent to the rendering of such
outside assistance.
D. Effect of provisions. Nothing herein contained shall be construed to create any
obligation to render assistance outside the city, and the refusal or failure to render such
assistance shall create no liability on the city or any of its boards, officers or employees.
Nothing herein contained shall operate to affect or modify any contract for fire protection
heretofore or hereafter entered into between the city and any other municipal
corporation or territory.
§ 181-5. Penalties for offenses.
The violation of any provision of this article shall be punishable as prescribed in
Chapter 1, General Provisions, Article I, Penalties, of this Code.
ARTICLE II, Fire Prevention Code
§ 181-6. . Applicable Law. There is hereby adoptod by the
Common Council of the City of Ithaca of the County of Tompkins and State of New
- •• e •
31, 1987, known as "Chapter C," entitled "Fire Prevention," of the Now York State
•• • - - -•e - ef—the—aGGGmpaRying
standards of the code in effect on October 31, 1987, tho provisions of which shall be
- _ •_ _ _ _ _ _' _ _ _ __ =e _ _ . The law governing fire prevention
and safety in the City of Ithaca is contained in Article 18 of the New York Executive Law
and its accompanying regulations codified in Title 19 of the Official Compilation of the
Codes, Rules, and Regulations of the State of New York (19 NYCRR Part 1201), and
specifically the Fire Code of New York State.
§ 181-7. Code enforcement official; inspectors.
A. Enforcement. Pursuant to Section 381 of the New York Executive Law the City of
Ithaca shall be the entity responsible for enforcement of the Fire Code of New York
State within the City of Ithaca. This Article provides for the enforcement and
administration of the Fire Code.
A-B_ Code enforcement official. The Chief of the Fire Department or the Chief's
designee shall be considered the code enforcement official for Chaptor C, entitled "Firo
," - - - - - •• • - = - - - = -• - - - - - - the Fire•Code of New York State within the City of Ithaca.
&C. Inspections. Inspectors for the purpose of inspection of buildings or premises and
ascertaining and causing to be corrected any violations of this the Fire Code of New
York State shall be the career Fire Department officers or members so designated by
the Chief of the Fire Department.
C. Appearance tickets. The Chief of the Fire Dopartmont and/or tho Chiofc
..
§ 181-8. Bureau of Fire Prevention.
A. Authority of Fire Chief. The Fire Chief shall be in charge of the Bureau of Fire
Prevention; and, for the purpose of this article and for the purposes of the Fire
Rreyentien Code of New York State, he/she shall be the Bureau of Fire Prevention.
B. Inspectors. The Chief of the Fire Department may detail designate such
members of the Fire Department as inspectors as shall from time to time be necessary.
C. Report to Mayor. A report of the Bureau of Fire Prevention shall be made
annually and transmitted submitted to the Mayor. It shall contain all enforcement actions
proceedings under this-code the Fire Code of New York State, with such statistics as
the Chief of the Fire Department may wish deem necessary to include therein. The
Chief of the Fire Department shall may also recommend any amendments to the-code
, ' , this article as he/she may deem to be are desirable.
§ 181-9. Permits for certain uses and materials; fees.
A. A permit issued by the Chief of the Fire Department shall constitute permission to
maintain, store or handle materials or to conduct processes and activities which
produce conditions hazardous to life or property or to install equipment used in
connection with such activities. Such permit shall not take the place of any license
otherwise required by law. It is not transferable, and any change in the use or
occupancy of premises shall require a new permit.
B. Before a permit is issued, the Chief of the Fire Department or the Chief's
designee shall inspect and approve the receptacles, vehicles, buildings or storage
places to be used. In cases where laws or regulations enforceable by other departments
other than the Fire Department are applicable, joint approval shall be obtained from all
departments concerned.
C. All applications for a permit required by this code shall be made to the office of
the Fire Chief in such form and detail as it shall prescribe. Applications for permits shall
be accompanied by such plans as are required by the Fire Chief.
D. Permits shall at all times be kept on the premises designated therein and shall at
all times be subject to inspection by any City of Ithaca Fire Inspector.
E. The following permits are required:
(1) Bowling establishments. A permit shall be required for bowling pin refinishing and
bowling lane resurfacing operations involving the use of and application of flammable or
combustible liquids or materials.
(2) Cellulose nitrate plastics (pyroxylin).
(a) All retailers, jobbers and wholesalers storing or handling more than 25 pounds of
cellulose nitrate plastics (pyroxylin) shall obtain a permit.
(b) A permit shall be required for the manufacture of articles of cellulose nitrate
plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in
the manufacture or assembling of other articles.
(3) Combustible fibers. A permit shall be required for the storage and handling of
combustible fibers in quantities in excess of 100 cubic feet.
(4) Gases. A permit shall be required for the storage, handling or use at normal
temperatures and pressures of more than 2,000 cubic feet of flammable compressed
gas or 6,000 cubic feet of nonflammable compressed gas, including liquefied, low-
temperature or cryogenic gases.
(5) Dry-cleaning plants. A permit shall be required prescribing the system
classification to be used. No change shall be made in the solvent used in the equipment
to a solvent in a more hazardous class unless permission for such change shall first
have been obtained from the Fire Chief. The use of solvents with a flash point below
that for which a machine is designed shall be prohibited.
(6) Prevention of dust explosions. A permit shall be obtained for the operation of any
grain elevator; flour, starch or feed mill; or plant pulverizing aluminum, coal, cocoa,
plastics, magnesium, spices, sugar or other material producing dust.
(7) Explosives, ammunition and blasting agents.
(a) Permits shall be obtained to:
[1] Manufacture, possess, store, sell or otherwise dispose of explosives, blasting
agents or small arms ammunition.
[2] Transport explosives or blasting agents.
[3] Use explosives or blasting agents.
[4] Operate a terminal for handling explosives or blasting agents.
[5] Deliver to or receive explosives or blasting agents from a carrier at a terminal
between the hours of sunset and sunrise.
[6] Transport blasting caps or electric blasting caps on the same vehicle with
explosives.
(b) Permits shall not be issued for:
[1] Liquid nitroglycerin.
[2] Dynamite (except gelatin dynamite) containing over 60% of liquid explosive
ingredient.
[3] Dynamite having an unsatisfactory absorbent or one that permits leakage of a
liquid explosive ingredient under any conditions liable to exist during storage.
[4] Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10
pounds net weight in one package.
[5] Fulminate of mercury in a dry condition and fulminate of all other metals in any
condition except as a component of manufactured articles not hereinafter forbidden.
[6] Explosive compositions that ignite spontaneously or undergo marked
decomposition, rendering the products or their use more hazardous, when subjected to
48 consecutive hours or less at a temperature of 167° F.
[7] New explosives until approved by the United States Department of
Transportation, except that permits are permitted to be issued to educational,
governmental or industrial laboratories for instructional or research purposes.
[8] Explosives condemned by the United States Department of Transportation.
[9] Explosives not packed or marked in accordance with the requirements of the
Department of Transportation.
[10] Explosives containing an ammonium salt and a chlorate.
(c) Nothing in this Subsection E(7) shall be construed as applying to:
[1] The transportation of explosive materials when under the jurisdiction of and in
compliance with the regulations of the Hazardous Materials Regulation Board of the
United States Department of Transportation (DOT). It shall, however, apply to municipal
supervision as to compliance with federal regulations within the jurisdiction of a
municipality.
[2] The transportation and use of military explosives by federal and state military
departments nor to the transportation and use of explosive materials by federal, state
and municipal governmental departments while in the normal and emergency
performance of their duties.
[3] The manufacture, under the regulations of the Department of Defense, of
explosive materials for or their distribution to or storage or possession by the military or
naval services or other agencies of the United States or to arsenals, navy yards, depots
or other establishments owned by or operated by or on behalf of the United States.
[4] Pyrotechnics commonly known as "fireworks."
[5] The use of explosive materials in medicines and medicinal agents in the forms
prescribed by the United States Pharmacopeia or the National Formulary.
[6] The possession, transportation and use of small arms ammunition or special
industrial explosive devices for personal use.
[7] The possession, storage, transportation and use of not more than 20 pounds of
smokeless propellant, 10,000 small arms primers and five pounds of black powder
propellant for handloading of small arms ammunition for personal use.
(8) Manufacture, sale and discharge of fireworks.
(a) A permit shall be obtained from the Fire Chief for the manufacture and storage of
fireworks. The Fire Chief may restrict the quantity of fireworks that can be manufactured
or stored.
(b) The Fire Chief may adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks by municipalities, fire associations or
groups of individuals.
(c) Such permits can be granted upon application to the Fire Chief and after
approval of the Chief of Police. Applications for permits shall be made, in writing, at
least 30 days in advance of the date of the display. No permit granted shall be
transferable.
(9) Application of flammable finishes. A permit shall be obtained for spraying or
dipping operations utilizing on any working day more than one gallon of flammable or
combustible liquids. ' __ - • _ - - e • _ _ . _ _ • •• S _
(10) Flammable and combustible liquids. A permit shall be required for:
(a) Storage, handling or use of Class I liquids in excess of 10 gallons inside of any
building or in excess of 10 gallons outside of any building, as set forth in NFPA 31, 1070
the Fire Code of New York State, except that no permit shall be required for the
following:
[1] For the storage or use of flammable or combustible liquids in the fuel tank of a
motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] For the storage or use of paints, oils, varnishes or similar flammable mixtures
when such liquids are stored for maintenance, painting or similar purposes for a period
of not more than 30 days.
(b) Storage, handling or use of Class II or III liquids in excess of 25 gallons in a
building or in excess of 60 gallons outside a building, except for fuel oil used in
connection with oil-burning equipment.
(c) Manufacturing, processing, blending or refining of flammable or combustible
liquids.
(d) Storage of flammable or combustible liquids in stationary tanks.
(e) Abandonment or removal of above- or underground tanks.
(f) Bulk storage facilities.
(11) Tank vehicles for flammable and combustible liquids. No person shall engage in
the business of delivering flammable or combustible liquids from tank vehicles without a
permit.
(12) Fruit-ripening processes. A permit shall be required for any fruit-ripening process
involving the use of ethylene gas.
(13) Fumigation and thermal insecticidal fogging. A permit shall be required for any
person performing any fumigation or thermal insecticidal fogging which is dangerous,
noxious or poisonous to the life or health of human beings or which constitutes a fire
hazard. All persons actually engaged in the work shall require a fumigation or thermal
insecticidal fogging (operation) permit.
(14) Garages and repair stations. A permit shall be required for any person using any
building, shed or enclosure as a place of business for the purpose of servicing or
repairing any motor vehicle therein.
(15) Hazardous chemicals.
(a) A permit shall be required for the storage or handling of more than 55 gallons of
corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10
pounds of organic peroxides; or more than 500 pounds of nitromethane; or 1,000
pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixture;
or any amount of highly toxic material or poisonous gas.
(b) A permit shall be required for the storage or handling at any installation of
radioactive materials having a radioactivity greater than one microcurie or any amount
of radioactive material for which a specific license from the United States Nuclear
Regulatory Commission is required so as to be reasonably safe to persons and
property. A specific license for the radioactive material obtained from the United States
Nuclear Regulatory Commission shall be evidence that such license represents
reasonable procedure for safety to persons and property.
(c) Reports.
[1] Before authorizing the issuance of any permit, the Chief of the Bureau of Fire
Prevention is permitted to require the applicant to submit, in writing, one or more of the
following:
[a] A report from an approved testing laboratory for the physical and chemical
properties of the chemical in question whenever such properties are not readily
available in published reference or from other recognized sources.
[b] Evidence that the amount of manufacture, processing, storage, use or
transportation of the hazardous chemicals in question is in accordance with nationally
recognized safe practices and that no undue hazard to life or property is involved.
[c] The qualification, experience and knowledge of the person who is to supervise
the operations involving the particular material.
[2] Reports concerning materials or processes are permitted to be marked for the
confidential information of the Chief of the Bureau of Fire Prevention, who shall use the
data contained therein to evaluate the fire and explosion hazard.
(16) Liquefied petroleum gases.
(a) A permit shall be obtained for:
[1] Each installation of liquefied petroleum gas employing a container or an
aggregate of interconnected containers of over 2,000 gallons' water capacity.
[2] Each temporary or permanent installation of liquefied petroleum gas, irrespective
of the size of the containers, made at buildings or gatherings at which people
congregate for civic, political, educational, religious, social or recreational purposes.
Such buildings shall include but not be limited to schools, churches, health-care
occupancies, hotels and restaurants, each having a capacity of 20 or more persons.
This section shall not apply to one- or two-family dwellings utilizing appliances supplied,
with a single cylinder not exceeding 20 pounds' capacity.
(b) Where the nature of the adjoining occupancy, the proximity of adjacent buildings
or unusual conditions indicate the need, the Chief of the Bureau of Fire Prevention may
require the submittal of plans to the Bureau of Fire Prevention prior to making the
installation; and if compliance with the requirements of this code is shown by said plans,
a permit shall be issued.
(c) Installers shall report all installations for which a permit is not required, not
including installations of gas-burning appliances but including heater-container units,
and have them available for inspection by the Bureau of Fire Prevention.
(17) Lumberyards and woodworking plants. A permit shall be required for the storage
of lumber exceeding 100,000 board feet.
(18) Magnesium. A permit shall be obtained for the melting, casting, heat-treating,
machining or grinding of more than 10 pounds of magnesium per working day.
(19) Oil-burning equipment. A signed permit shall be required for the initial installation
of an oil burner and a fuel oil tank used in connection therewith that is in excess of 25
gallons in a building or in excess of 60 gallons outside of a building. A separate permit
shall be required for the replacement of either the oil burner or a fuel oil tank connected
to an oil burner.
(20) Manufacture of organic coating. A permit shall be required for any organic
coating manufacturing operation making more than one gallon of an organic coating on
any working day.
(21) Ovens and furnaces.
(a) No oven or furnace to which this-code the Fire Code of New York State applies
shall be operated without a permit from the Chief of the Bureau of Fire Prevention.
(b) Application for a permit shall be accompanied by plans showing all essential
details as to location, design, construction, controls and calculations for safe operation.
The process and materials involved shall be fully described. Catalytic combustion
systems utilized for the oxidation or combustion of the exhaust gases or vapors shall be
described.
(22) General precautions against fire.
(a) Bonfires and outdoor rubbish fires. No person shall kindle or maintain any bonfire
or rubbish fire or authorize any such fire to be kindled or maintained without a permit or
other proper authorization. During construction or demolition of buildings or structures,
no waste materials or rubbish shall be disposed of by burning on the premises or in the
immediate vicinity without having obtained a permit or other proper authorization.
(b) Matches. No person shall manufacture matches without a permit. No person
shall store matches exceeding in aggregate 25 cases of matches without a permit.
(c) Storage Of of readily combustible materials.
[1] Permit required. No person shall store in any building or upon any premises in
excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes,
barrels or similar containers, rubber tires, rubber or cork or other similarly combustible
material without a permit.
[2] Storage requirements. Storage in buildings shall be orderly, shall not be within
two feet of the ceiling, shall be separated from heaters or heating devices by distance or
shielding so that ignition cannot occur and shall not be so located as to endanger exit
from the building. Storage in the open shall be so located with respect to adjacent
buildings as not to constitute a hazard and shall be compact and orderly.
(23) Welding or cutting, acetylene generators, calcium carbide and acetylene cylinder
charging plants.
(a) Permit required for welding or cutting.
[1] A permit shall be required of each company, corporation, co-partnership or
owner/operator performing welding or cutting operations, except as provided by the
provisions of § 325-3. This permit shall not be required for each welding or cutting job
location. The company, corporation, co-partnership or owner/operator shall notify the
Bureau of Fire Prevention in advance where such work is done in response to an
emergency call that does not allow time for the Bureau of Fire Prevention to issue the
necessary permit. [Amended 8-5-1992 by L.L. No. 3-1992]
[2] A permit shall not be required of any company, corporation, co-partnership or
owner/operator:
[a] Where the welding or cutting is performed in areas approved for the purpose; or
[b] Having an approved permit system established for control of the fire hazards
involved.
[3] Application for a permit required by this article shall be made by the company,
corporation, co-partnership or owner/operator performing the welding or cutting
operation or by his/her duly authorized agent.
[4] A permit for welding or cutting operations shall not be issued unless the
individuals in charge of performing such operations are capable of doing such work in a
safe manner. Demonstration of a working knowledge of the provisions of this article
shall constitute acceptable evidence of compliance with this requirement.
[5] Companies, corporations, co-partnerships and owner/operators required to have
a permit shall maintain a record of all locations where welding or cutting operations are
performed and have it available for inspection by the Bureau of Fire Prevention.
(b) Permit required for cylinder and container storage. A permit shall be required for
the storage of cylinders or containers used in conjunction with welding or cutting
operations when more than 2,000 cubic feet of flammable compressed gas, other than
liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum
gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable
compressed gas is stored.
(c) Permit required for acetylene generators. No person shall operate an acetylene
generator having a carbide capacity exceeding five pounds without a permit.
(d) Permit required for storage of calcium carbide. A permit shall be required to store
or keep calcium carbide in excess of 200 pounds.
(24) Asphalt kettles.
(a) A permit shall be required for asphalt kettles. Such permit shall be obtained prior
to the issuance of any building permit for the construction or reconstruction of any roof
and prior to operation of the kettle on the site.
(b) A permit shall be obtained for each kettle to be used, even if more than one will
be used at one site.
(c) Regulations governing the operation and use of asphalt kettles shall be as
specified in Part 1192 of the New York State Uniform Fire Prevention and Building
Code, entitled "Flame Producing Devices," dated January 1, 1984. the Fire Code of
New York State.
(25) Areas of public assembly (Assembly Group A Occupancies).
(a) • = - - • - • - - • -- - - - . ..z .. e - - - e • - • ! _ - -
_ •
-- - -- - - , _ _ . .. - . , -- - - - -- , -- -- - - , - - - - .e .•- - .••••--
- . - • • - -„
Definition. Areas of public assembly are those areas set forth as such and defined in
the Uniform Fire Prevention and Building Code of New York State as "Assembly Group
A Occupancies". These assembly areas include buildings and portions of buildings
used for gathering together fifty or more persons for purposes of amusement, athletics,
civic purposes, dining, education, entertainment, or patriotic, political, recreational,
religious, or other social purposes. Examples of such buildings include but are not
limited to:- night clubs, restaurants, art galleries, bowling alleys, churches, community
halls, funeral parlors, lecture halls, libraries, museums, passenger stations, skating
rinks.
(b) A permit shall be obtained from the Fire Chief, for the operation of an area of
public assembly prior to such operation.
(c) The Fire Chief may promulgate reasonable rules and regulations for the granting
of permits, including but not limited to requiring the submittal of plans and/or
specifications for such space, and requiring the submittal of installation and/or testing
records for fire protective equipment or systems in use in said area of assembly.
(d) Upon receipt of such application, the Fire Chief shall cause the area of public
assembly to be inspected. Such inspection shall include measuring and calculating
maximum occupancy load(s) for the space, and determining whether or not the space is
in compliance with - _ _ _ - _ : - e _ : e - - - _ _ -- • - _ _ _
the Uniform Fire Prevention and Building Code of New
York State.
(e) No permit for an area of public assembly shall be granted if, in the opinion of the
Fire Chief, such space is not in compliance with - - e- - - : = - - - = - e - -Uniform Fire Prevention and Building Code, and of this Code. the Uniform Fire
Prevention and Building Code.
(f) A permit for an area of public assembly shall be effective for a period not to
exceed one year. An application for renewal must be made prior to the expiration of the
current permit.
(g) A permit for an area of public assembly may be suspended or revoked if, in the
opinion of the Fire Chief, there is a violation of the Fire Code of New York
State resulting in immediate danger to the life or health of occupants thereof.
(h) In the event that an on-premises inspection organization exists which may
provide third-party inspection and certification of compliance, such fees as required for
this section shall be adjusted to reflect the actual time spent by the Fire Department
required to assure compliance with the intent of this part.
(i) Fees for a permit for an area of public assembly or for renewal of such permit
shall be established by the Fire Chief, according to § 181-9(F) of this article. Such fees
shall be the actual costs incurred to do the work. The personnel costs included shall be
based on the average hourly rate plus expenses for Fire Department personnels
include travel time. An estimate of these costs shall be provided to the applicant upon
preliminary approval of the application for said permit.
(26) Fire protective systems.
(a) A permit shall be required to install or substantially repair a fire detection, alarm
or fire suppression system as such is defined in the New York State Uniform Fire
Prevention and Building Code.
(b) The permit required in Subsection E(26) above shall be obtained from the Fire
Prevention Bureau of the Ithaca Fire Department. This permit is separate from, and
shall be required in addition to, any building permit issued by the Building Department.
(c) Prior to the issuance of an installation permit, the Fire Prevention Bureau shall
review said application along with the associated building permit to ensure compliance
with applicable codes, rules and regulations.
(d) Upon completion of installation or repair work, an applicant shall conduct an
acceptance test of the full system, which test shall be observed by the Fire Prevention
Bureau. The applicant shall provide the Fire Prevention Bureau with a system test
record describing the system to be tested and its components. The test shall be
conducted in accordance with the standards prescribed by the National Fire Protection
Association or other appropriate standard-setting organization as determined by the Fire
Prevention Bureau. If it is satisfied that the installation work meets the prescribed
standards, the Fire Prevention Bureau shall certify the work as complete and
satisfactory.
(e) Fees. Fees for an installation or repair permit shall be established by the Fire
Chief in accordance with § 181-9(F)(1) of this article. Such fees shall be the actual costs
incurred to do the work. The personnel costs included shall be based on the average
hourly rate plus expenses for Fire Department personnel.
F. Permit fees.
(1) The Fire Chief shall promulgate a permit fee schedule applicable to the permits
required herein. Fees established in the fee schedule shall reasonably reflect the cost of
receiving, investigating, processing and issuing each of said permits.
(2) Such schedule and any changes proposed thereto shall be submitted to the
Common Council for adoption prior to collection of such fees.
(3) The fee schedule shall be posted at the Fire Chiefs office and distributed to any
interested parties.
§ 181-10. New materials, processes or occupancies.
The Board of Fire Commissioners and the Fire Chief shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies which shall require permits in addition to
those now enumerated in this-sedethe Fire Code of New York State. The Fire Chief of
his/her designee shall post such list in a conspicuous place in his/her office and
distribute copies thereof to interested persons.
§ 181-11. Board of Fire Appeals.
The Board of Fire Appeals shall be appointed by the Mayor with the consent of the
Common Council and shall be composed of five members who shall be selected on the
basis of their interest in fire prevention. The Mayor may appoint not more than one
Council member and one Fire Commissioner to serve on this Board.
§ 181-12. AAppeals.Variance Procedures. The procedure for seeking a variance or
appealing any of the provisions of the Fire Code of New York State is governed by Title
19 NYCRR, Section 1205, titled "Variance Procedures" which procedure is administered
by the Secretary of State.
A. For those elements of this chapter or of Chaptor C of tho Now York Stato
• . - 4I • ••
- e • _ • - - ` e •••••-
_ .. •
B. This subsection shall apply only to those elements of this chapter that are not
addressed or otherwise covered by the New York State Uniform Fire Prevention and
Building Code. Whenever the Chief of the Fire Department shall refuse to grant a permit
applied for or when it is claimed that the provisions of the code do not apply or that the
true intent and meaning of the code may have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief of the Fire
Department to the Fire Appeals Board within 30 days from the date of the decision. The
Fire Appeals Board may affirm, modify or reverse any determination of the Chief of the
Fire Department made pursuant to the provisions of this chapter_ and/or the Firo
§ 181-13. Fire limits. Fire limits of the City of Ithaca are hereby defined as follows:
A. Fire limits A: those areas of the City which are zoned Industrial I-1 and Business
B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1 a, WEDZ-1 b, SW-1, except the
northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels
100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca
Zoning Ordinance (Chapter 325 of this Code).
B. Fire Limits B: those areas of the City which are zoned Business B-2a, B-2c, B-2d,
B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code).
§ 181-14. Storage of flammable liquids.
A. Aboveground tanks. The limits referred to in the State Uniform Fire Prevention
and Building Code in which storage of flammable liquids in outside aboveground tanks
is prohibited are hereby established as follows: all portions of the city not described as
the Industrial Zone in the Zoning Ordinance of the city.
B. New bulk plants. The limits referred to in the State Uniform Fire Prevention and
Building Code in which new bulk plants for flammable liquids are prohibited are hereby
established as follows: all that portion of the city not described as the Industrial Zone in
the Zoning Ordinance of the city and lying west of the east shore branch of the Lehigh
Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the
south.
§ 181-15. Storage of liquefied petroleum gases.
The limits referred to in the State Uniform Fire Prevention and Building Code in which
bulk storage of liquefied petroleum gas is restricted are hereby established as follows:
all that portion of the city not described as the Industrial Zone in the Zoning Ordinance
of the city and lying west of the east shore branch of the Lehigh Valley Railroad
between Cascadilla Creek on the north and West Clinton Street on the south.
§ 181-16. •- - • - - - =-•e = " -• - - e - - --- - - .•The owner, lessee, manager or other person in charge of any and every hotel,
- ■ • - - • - - - - - - - - -- - - , - • : - - --- : - - - =- - -
l . • • 1.
- e - - • :e . • •• - - - - _ .•• - e.. —• :- - -
• - - - - - -- - - A
- - -- • • - • - - - - - • - - - :- • - - - - - - JReservedl
§ 181-17. Leskbexes-Key-boxes. Pursuant to §506 of the Fire Code of New York State
the regulations pertaining to keyboxes shall be as follows:-
A. A lockbox key-box for storing building keys shall be obtained and affixed on
certain premises as described herein. Such lockbox key-box shall be as prescribed by
the Fire Department and shall be obtained in the manner established by the Fire
Department.
B. Leskbexes Key-boxes shall be required for all new and existing buildings, other
than one- or two-family dwellings, that have fire alarm and/or fire detection systems that
are or will be interconnected with the Fire Department. Alarm system interconnects
include but are not limited to municipal fire alarm, radio, telephone leased line,
telephone dialer or central station systems.
C. heskbexes Key-boxes shall be affixed to structures in the manner detailed by the
manufacturer and in the location established by the Fire Department.
§ 181-18. - - - --- - - • e • =- - - - - •- • - .•
The use of solid , liquid or gaseous fueled cooking or heating appliances in or on
_ _ ..
_ - - • - - - - -- - - - - - • - - - - • - - - •- • -= .JReservedl•
§ 181-19. Hazardous materials.
All costs incurred by the City of Ithaca as a result of operations of its respective
departments in mitigating and/or recovering from a hazardous material spill, discharge,
release or other eventuality requiring response and action by the city shall be
recoverable by the City of Ithaca. Such costs shall be recoverable from the owner,
agent, shipper or other party having responsibility for the material(s) causing the
hazardous situation. For the purposes of this section, "hazardous materials" shall have
the meaning provided for in Part 1174 of the New York State Uniform Fire Prevention
and Building Code, dated January 1, 1984 the Uniform Fire Prevention and Building
Code.
§ 181-20. Guard dogs.
A. The owner and/or manager of any nonresidential premises using an unattended
guard dog to provide security shall register with both the Police and Fire Departments.
Such registration shall include the number and breed of dog(s) in use, the days and
times such dog(s) is (are) unattended on the premises and the name(s) of the owner(s)
and/or handler(s) and methods of contacting them. Additionally, the registration shall
include a floor plan of the premises with dog patrol areas designated.
B. The owner/manager of such premises shall file a release that shall indemnify the
City of Ithaca from liability for harm or damage to the dog(s) or the premises caused by
any act or omission on the part of the Police or Fire Department as a result of the
presence of guard dogs on the premises.
C. The owner/manager of such premises shall notify the Police and Fire
Departments at such time as a guard dog(s) is (are) no longer employed at and is (are)
removed from those premises.
§ 181-21. Fire alarm and detection systems.
A. Installation requirements.
(1) Fire alarm and detection systems shall be installed as per the requirements of•the - e - - - - - •• • = ' - • - • - • e ' - - - -- =, - - -- - - - - ,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ e •-. Uniform Fire Prevention and Building Code.
(2) Fire alarm and detection systems shall be installed by or under the direct
supervision of licensed electricians licensed by the City of Ithaca or by those
demonstrating equivalent license reciprocity as provided for in this code.
(3) The City Electrical Inspector shall, upon application by the installing electrician or
the owner of the premises, make the rough-in inspection of such system as has been
installed to ensure compliance with the provisions of the National Electrical Code (NFPA
70), 1987 Edition, as it applies to said system.
(4) The Fire Department shall, upon application by the installing electrician or the
owner of the premises, make the rough-in inspection of such system as has been
installed to ensure compliance with the provisions of the
therefrom. Uniform Fire Prevention and Building Code.
(5) Following complete testing of the system by the installer, the installer shall cause
a certification of system installation and operation to be executed prior to the Fire
Department making observations of acceptance testing. This certification shall be made
on forms provided by the Fire Department.
(6) The Fire Department shall observe acceptance testing per the provisions of the
Uniform Fire Prevention and Building Code, dated January 1, 1981, referenced
standards. of New York State.
B. System design.
(1) All fire alarm and/or detection systems shall be provided with adequate zone
reporting capacity to ensure rapid and efficient location of the source of the alarm by the
Fire Department. During plan review, the Fire Department shall specify zone reporting
assignments for the proposed system.
(2) Fire alarm and/or detection system control panels shall be capable of isolating
each zone from the panel so that defective or impaired devices or systems causing
alarms may be isolated and repaired without requiring the remainder of the system to be
shut down.
(3) Required Fire Department interconnects shall be provided by connection to the
municipal alarm system, by installation of a radio transmitter alarm system, or for
the purpose of compliance with Chapter 210, Housing Standards, of installation
of a listed digital alarm communicator transmitter approved by the Fire
Department. All other Fire Department interconnects must be approved by the
Fire Department prior to installation.
C. System operation.
(1) Should a fire alarm/detection system cause numerous false alarms in such a way
that the safety of the occupants, fire fighters or any other persons or property is
imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm
system until such time as the problem is resolved. During such time when any required
system is disconnected, alternate protection shall be provided, as specified by the Fire
Chief, or the building shall be vacated.
(2) The owner/operator of any premises with a required fire alarm/detection system
must notify the Fire Department whenever the system must be made inoperative for
maintenance or repair. The Fire Department must be re-notified when the system is
restored. In no event is a required system permitted to be rendered inoperative without
alternative means of protection, acceptable to the Fire Department, being provided.
§ 181-22. Penalties for offenses.
A. There shall be three categories of penalties for violations of the Municipal Fire
Prevention Code or for violations within the City of Ithaca of those portions of the New
York State Uniform Fire Prevention and Building Code which pertain to firesafety or fire
prevention. The categories shall be:
(1) Violation with discretionary fines. Any person who shall violate any provision of
the - - - • - ' - - - - - - - - - e -- - -- - • e =
Uniform Fire Prevention and Building Code of New York State
on shall be guilty of a violation, as that is defined in Article 10 of the Penal
Law. The maximum penalty shall be a fine of$250 for each section of the code which is
violated and for each day on which the violation exists. Each day on which a person
continues to violate said code is considered a separate violation.
(2) Violation with mandatory fine. Any person who shall violate or fail to comply with
any order of the Fire Chief or the designated Fire Code enforcement officer shall be
guilty of a violation, as that is defined in Article 10 of the Penal Law, punishable by a
fine of not less than Two Hundred and Fifty ($250) for each day on which the violation
exists and not more than $500 One Thousand Dollars ($1,000) for each day on which
the violation exists or a sentence of imprisonment not to exceed 4-5 thirty (30) days.
Each day on which a person continues to violate said order is considered a separate
violation.
(3) Misdemeanors. If injury occurs to any person or to property as the result of any
violation of any provision of the Municipal Firo Prevention or Safoty Code or thoco
to firesafety or fire prevention, of the Fire Code of New York State or of any provision of
this Chapter, the person who violated the said provisions cede shall be guilty of a
misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 for
each separate violation of the code and for each day on which the violation exists and
further punishable by imprisonment for not more than one year. Each day on which a
person continues to violate the code is considered a separate violation.
B. The imposition of a penalty for any violation of the fire codes shall not excuse the
violation or permit it to continue, nor shall the imposition of a penalty prevent the
enforced removal of prohibited conditions.
§ 181-23. Issuance of appearance tickets. [Added 1-3-2001 by L.L. No. 2-2001]
The Chief of the Fire Department, the Deputy Chief, and other Fire Department
personnel designated by the Chief of the Fire Department shall have the authority, as
provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in
accordance with Article 150 of the New York State Criminal Procedure Law, to enforce
any statute, local law, or ordinance, rule, or regulation with regard to parking violations
relating to fire prevention, public health and/or safety.
Section 2
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions
of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 3
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Fire Chief Brian Wilbur, Assistant Chief Tom Parsons and Associate Attorney Khandikile
Sokoni reviewed the legislation and answered questions from committee members.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Centralized Permitting
An Ordinance to Amend Chapter 240 of the City of Ithaca Municipal Code Entitled
"Noise"
By Alderperson Taylor: Seconded by Alderperson Korherr
ORDINANCE 05-
6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Section 240-14 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§240-14. Permit Procedures for certain activities.
Except as provided for in Section 157-8 of the City Code regarding the Ithaca
Commons:
A. Where a sound source is planned, installed or intended to be installed or modified by
any person in a manner that such source will create or is likely to create
unreasonable noise or otherwise fail to comply with the provisions of this chapter,
such person must secure a permit pursuant to Subsection "D" of to this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building or vehicle
between 10:00 p.m. of any day and 7:30 a.m. to the next day, such person must
secure a permit under pursuant to Subsection "D" of this section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit Ufldef pursuant to
Subsection "D" of this section.
D. Applications shall be submitted at least 72 hours in advance of
an event. The application for the permit shall provide the following information:
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound
source involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity
complies with any permit issued for it pursuant to this section.
(6) E��eIf required by the party issuing the permit, proof that notification of the
application for the permit has been given to each person reasonably expected to
be affected by the noise, the content of such notification and the manner in
which such notification has been given, if the event is not a community-wide or
public event. The notification shall state that any person objecting to the granting
of such permit may contact the appropriate city department to whom the
application is being made to express his/her opposition to the granting of the
permit.
+ef of Polices
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to
the Building Commissioner, or his/her designee, for all other construction projects;
and to the Mayor, or his/her designee for any other events. The issuance of permits
shall be discretionary and shall be issued only where the responsible official
determines that such permit is reasonable and necessary and will allow an activity
that is consistent with the general purposes of this chapter, as stated in § 240-2.
When determining if a permit should be issued, factors the official shall consider
shall include but are not limited to the volume of the noise, the proximity of the noise
to sleeping facilities, the time of the day or night the noise occurs, the time duration
of the noise, and the impact of the noise on persons living or working in different
places or premises who are affected by the noise. Any permit granted shall state that
the permit only applies to this chapter, that § 240.20, Subdivision 2, of the Penal Law
of the State of New York, Disorderly Conduct, provides that "a person is guilty of
disorderly conduct when, with intent to cause public inconvenience, annoyance or
alarm or recklessly creating a risk thereof, ... he makes unreasonable noise."
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Building Commissioner
and the Mayor, or their designees shall have authority to impose such conditions as
they determine are reasonable and necessary on permits they issue pursuant to this
section. Such conditions may govern factors which include but are not limited to the
time and location the involved sound source may be utilized.
G. The Superintendent of Public Works, the Building Commissioner and the Mayor or
their designees shall provide the Chief of Police with a copy of any permit issued
pursuant to this section.
G. The Superintendent of Public Works, the Building Commissioner and the Mayor or
their designees shall provide the Chief of Police with a copy of any permit issued
pursuant to this section.
Section 2. Severability. Severability is intended throughout and within the provisions of
the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
City Clerk Holcomb gave an overview of the centralized permitting initiative and
explained the proposed new process for filing noise permit applications.
A vote on the Ordinance resulted as follows:
Carried Unanimously
An Ordinance to Amend chapter 132 of the City of Ithaca Municipal Code Entitled
"Assemblies and Parades"
By Alderperson Taylor: Seconded By Alderperson Zumoff
ORDINANCE 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section 132-1 of the City of Ithaca Municipal Code is hereby amended to read as follows:
§ 132-1. Definitions. [Amended 10-2-1985 by Ord. No. 85-13]
As used in this chapter, the following terms shall have the meanings indicated.- These
definitions shall apply to any public street, sidewalk, or alley, except the Ithaca Commons, and
designated parks. See Chapter 157 entitled "Commons"for provisions regarding the use of the
Commons, or Chapter 336 entitled "Parks and Recreation"for provisions regarding the use of
parks.
MOTORCADE --An organized procession containing 15 or more vehicles, except funeral
processions„ - -- - e- : .- - - , - - - - - - - - - --- - -••••-
PARADE --Any march or procession consisting of people, animals or vehicles, or a combination
thereof, except funeral processions, -_:• - - -- - -- , .e- - - - , -- - - - -- -
I t h a c a Commons, which does not comply with normal and usual traffic regulations or controls.
PUBLIC GATHERING OR ASSEMBLAGE --The holding of any meeting of persons at any
location within the city, , in such numbers which, if not
controlled or regulated, can reasonably be expected to interfere with the use of public property
by others. A public gathering or assemblage of 50 or more persons shall constitute a
presumption that such meeting will or can be expected to interfere with the use of public
property by others.
Section 2:
•
•
A. It shall be unlawful for any person to conduct a public gathering or assemblage, or parade or
motorcade in or upon any public street, sidewalk, alley, pack or other public place in the city
or to knowingly participate in any such public gathering or assemblage, parade or
motorcade unless and until a permit to conduct such public gathering or assemblage,
parade or motorcade has been obtained from the Chief of Police or his/her designee, who is
hereby designated the permit officer.
B. Failure or refusal to comply with any of the provisions of this chapter is a violation, provided
that:
(1) No person shall be convicted under this chapter of assembling, parading or participating
in a motorcade without a permit except upon proof that an announcement was made in
his/her presence by a person appearing to be authorized by the City of Ithaca, affording
a reasonable opportunity to disperse said assembly, parade or motorcade.
(2) No person shall be convicted under this chapter of assembling, parading or participating
in a motorcade in violation of the terms of a permit except upon proof that an
announcement was made in his/her presence by a person appearing to be authorized
by the City of Ithaca, affording a reasonable opportunity to comply with the terms of the
permit, and that a subsequent order was given in his/her presence affording a
reasonable opportunity to disperse said assembly, parade or motorcade.
Section 3.
Section 132-5 A. (1) of the City of Ithaca Municipal Code shall be amended to read as follows:
§ 132-5. Permit application and issuance.
A. Assembly permits.
(1) An application for a public assembly permit shall be in writing and shall be made to the
permit-office either the Ithaca Police Department or the City Clerk's Office at least five
business days before the assembly is scheduled to be held. The form for the application
shall include:
(a) The date, hours and location at which the assembly is scheduled to be held.
(b) The name, address and telephone number of the applicant or applicants and the
name of the sponsoring organization, if any.
(c) An estimate of the size of the assembly.
(d) Whether or in what form police protection is required.
(e) Plans to assure the public safety and order.
Section 4. Severability. Severability is intended throughout and within the provisions of the
ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall take effect immediately and in accordance with
law upon publication of notice as provided in the Ithaca City Charter.
Section 5. Effective Date. This Ordinance shall take effect immediately and in accordance with
law upon publication of notice as provided in the Ithaca City Charter.
City Clerk Holcomb explained the proposed changes to the Assembly and parade
permitting process and answered questions from committee members.
A vote on the ordinance resulted as follows:
Carried Unanimously
Centralized Permitting
An Ordinance to Amend Chapter 342 of the City of Ithaca Municipal Code Entitled
"Streets and Sidewalks"
By Alderperson Korherr: Seconded by Zumoff
ORDINANCE 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Sections 342-7 and 342-8 of the City of Ithaca Municipal Code are hereby amended to
read as follows:
§ 342-7. Work requiring permit.
No person shall do any of the following without first obtaining from the City Clerk
Superintendent of Public Works or his/her authorized representative a written permit
therefor:
A. Construct, remove, replace or repair a sidewalk or driveway within the limits of any
public street, highway or other public property.
B. Open or cause to be opened, by cutting or excavating, the pavement or soil of any
street, highway, sidewalk area or other public grounds.
C. Obstruct, encumber or occupy in any manner, any
public street, highway or sidewalk area.,except for parades or public gatherings and
assemblages permitted by the Ithaca Police Department
§ 342-8. Permit application and fee.
A. Forms. Any property owner or utility corporation desiring a permit as prescribed in §
342-7 shall make application therefor to the Superintendent upon forms provided for
that purpose.
B. Contents. Said application shall contain the names and addresses of the applicant
and of the owner of the property in front of which or for whom the work is to be
Code of the city and the applicable rules and regulations of the Department of Public
Works and that the city is to be saved harmless from any loss, injury or damage
arising out of the granting of the permit or from any negligence or fault of said
applicant or his/her servants or agents in connection with any of the work done
under or in connection with said permit.
C. Fee. No permit shall be issued until the applicant therefor shall have first paid to-the
City Clerk, in cash or by check payable to the city, a fee of$10, except for sidewalk
permits, which shall be $5.
Section 2.
Section 342-38 of the City of Ithaca Municipal Code shall be amended to read as
follows:
§ 342-38. Insurance requirements. [Amended 9-4-2002 by Ord. No. 2002-12]
A. Type and amount.
(1) No permit for street obstruction shall be issued by the Superintendent until the
applicant therefor shall have first placed on file with the City Clerk, without cost
to the City, satisfactory evidence of public liability insurance in the amount of not
less than:
(a) Commercial liability insurance:
[1] Aggregate: $2,000,000.
[2] Products/completed operations: $1,000,000.
[3] Personal and advertising injury: $1,000,000.
[4] Each occurrence: $1,000,000.
[5] Fire damage (any one fire): $300,000.
[6] Medical expenses (any one person): $5,000.
Note: If the permittee is a contractor- specify on certificate that aggregate
is specific to particular job alone.
(b) Excess liability insurance:
[1] Each occurrence: $5,000,000.
[2] General aggregate: $5,000,000.
(c) Automobile liability insurance: $1,000,000 each accident (including coverage
for any auto, including hired and nonowned).
(d) Workers compensation (if permittee has employees).
(2) The City shall be named as an additional insured with respect to commercial
general liability, excess liability and automobile liability.
(c) Automobile liability insurance: $1,000,000 each accident (including coverage
for any auto, including hired and nonowned).
(d) Workers compensation (if permittee has employees).
(2) The City shall be named as an additional insured with respect to commercial
general liability, excess liability and automobile liability.
(3) Prior to granting a permit for street obstruction, said insurance must be
approved as to form, correctness and adequacy by the City Attorney to insure
the city against any loss, injury or damage arising out of the granting of the
permit or from negligence or fault of said applicant or his/her agents, servants or
employees in connection with said obstruction or with any work related thereto.
B. Such insurance must remain in force throughout the effective period of the permit, as
well as any authorized extensions thereof, and shall carry an endorsement to the
effect that the insurance company will give at least 10 days' written notice to the city
of any modification or cancellation of any such insurance.
C. Block parties and similar neighborhood gatherings, motorcades, parades, and
public gatherings and assemblages for which a street obstruction permit has been
granted, are exempt from the insurance requirements set forth in § 342-38A above.
Street obstruction permits for block parties and similar neighborhood gatherings shall be
issued only upon the condition that no alcohol is consumed in the public rights-of-way.
Street obstruction permits for block parties and similar neighborhood gatherings must
be approved by the Mayor and the Superintendent.
Section 3. Severability. Severability is intended throughout and within the provisions of
the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding block parties and the restriction of alcohol
due to the elimination of the requirement to provide general and liquor liability
insurance.
A vote on the ordinance resulted as follows:
Carried Unanimously
Resolution Concerning South Hill Contamination
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, in 1987 high levels of TCE (trichloroethene), PERC (tetrachloroethene) and
other chemicals were found to have leaked into the soil and the ground water from the
property owned at present by Emerson Power Transmission, and
WHEREAS, the 1994 Record of Decision agreement between the New York State
Department of Environmental Conservation and Emerson Power Transmission included
a soil gas monitoring study that was not completed, and
WHEREAS, ongoing testing indicates that the limited remediation undertaken in 1994
did not sufficiently reduce toxic concentrations in known affected areas, nor did it
identify the plume of the entire affected area, and
WHEREAS, contamination of indoor air by volatile chemicals such as TCE from
contaminated soil and groundwater has emerged as a serious public health concern,
and
WHEREAS, residents adjoining the 90 acre Emerson Power Transmission site
demanded a reactivation of this investigation because of concerns for their health and
safety, and
WHEREAS, in February 2005 the Department of Environmental Conservation
reclassified this site from a Class 4 or "properly closed" designation to a Class 2 or
"significant threat to the environment" designation, and
WHEREAS, on April 21, 2005, The New York State Assembly's Committee on
Environmental Conservation held a public hearing on this issue that underscored the
need for swift remediation and cleanup, and
WHEREAS, records indicate that other undetermined pollutants may have
contaminated the Emerson Power Transmission site, and
WHEREAS, the greatest concern of the City of Ithaca Common Council is the well-
being and good health of residents, now therefore, be it
RESOLVED, That the Common Council of the City of Ithaca strongly urges Emerson
Power Transmission and the previous owner BorgWarner Inc., to provide the City and
the appropriate State agencies, including the State Attorney General, a complete list of
all possible toxic substances used or known to have been used in the plant, and be it
further
RESOLVED, That Emerson Power Transmission and BorgWarner Inc. provide both the
State and the City of Ithaca a complete record of all possible spills that occurred on their
property and where these toxic substances were disposed off-site, and be it further
RESOLVED, That a copy of this resolution be sent to Emerson Power Transmission,
BorgWarner Inc., and the Attorney General of the State of New York, Eliot Spitzer.
Alderperson Mackesey explained that this Resolution is to support the residents of
South Hill living in or near the contaminated area. She further stated that Emerson
s
Power Transmission has been cooperative, but is not complying with neighborhood
requests for this information.
A vote on the resolution resulted as follows:
Carried Unanimously
Alderperson Taylor presented the following proposed resolution entitled "Noise".
He voiced his opposition to the current practice of arresting, handcuffing, and posting
bail for Noise Ordinance violations.
Proposed amendment to the City of Ithaca Municipal Code Chapter 240 Entitled
"Noise" - Resolution
By Alderperson Taylor: Seconded by Alderperson Korherr
WHEREAS, the City of Ithaca Common Council spent many months discussing the
problem of noise in the community, and
WHEREAS, the Common Council amended Chapter 240 of the City of Ithaca Municipal
Code entitled "Noise" to increase the maximum fines associated with violating the Noise
Ordinance, and
WHEREAS, proper enforcement was discussed at length with representatives from the
Ithaca Police Department and a new focus on responding promptly to noise complaints
and initiating noise complaints was adopted by Common Council and the Police
Department and
WHEREAS, that effort has been highly lauded by city residents long affected by
inappropriate noise, and
WHEREAS, there have been numerous occasions where the police handcuffed,
detained, transported to the city police station and made to post bail city residents
accused by the police of being in violation of Chapter 240 of the City of Ithaca Municipal
Code entitled "Noise"who cooperated with the responding police officers requests, and
WHEREAS, the use of handcuffs and detention are necessary elements of getting bail
from individuals accused of violating Chapter 240 of the City of Ithaca Municipal Code
entitled "Noise", and
WHEREAS, the City of Ithaca Police have recently began to arrest all individuals
accused by the police of violating the Noise Ordinance, and
WHEREAS, it is the sense of the Governance Committee of Common Council that such
force is unnecessary and excessive for persons accused of violating Chapter 240 of the
City of Ithaca Municipal Code entitled "Noise", and
ti
WHEREAS, Common Council believes that the issuance of appearance tickets under
the threat of an arrest warrant for individuals who do not show up to their court date is
sufficient; therefore, be it
RESOLVED, That the Governance Committee urges Common Council to request that
the Mayor, in her capacity as Director of the Police Department, to reinforce the
language and intent of Chapter 240 of the City of Ithaca Municipal Code entitled
"Noise".
RESOLVED, That the Governance Committee urges Common Council to request that
the Mayor, in her capacity as Director of the Police Department,
Prohibit the use of arrest and detention in all but the most extreme violations of Chapter
240 of the City of Ithaca Municipal Code entitled "Noise".
Extensive discussion followed on the floor regarding parties and noise in residential
neighborhoods, and the recent changes to the Noise Ordinance to address them.
Alderperson Taylor expressed his displeasure with noise violations being handled
differently at the end of the academic year. It was noted that the Ithaca Police
Department was not represented at the meeting to discuss this issue.
AMENDING RESOLUTION
By Alderperson Taylor: Seconded by Alderperson Korherr
Resolved, that the Resolution be amended to delete the fifth, seventh, eighth, and ninth
Whereas Clauses.
Extensive discussion followed on the floor. Alderperson Mackesey requested that the
meeting be recessed to a later date when the Police Chief could be present to answer
questions and present information.
Motion to Recess
By Alderperson Zumoff: Seconded by Alderperson Korherr
Resolved, that the meeting be recessed until Monday, May 2, 2005 at 7:00 pm.
Ayes (4) — Mackesey, Whitmore, Zumoff, Korherr
Nays (1)—Taylor
Abstentions (0)
rried
Cindie L. Day Pamela Mackesey
Information Management Specialist Chair