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HomeMy WebLinkAboutMN-GOV-2005-11-28 .1 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting November 28, 2005 7:00 p.m. PRESENT: Chair Mackesey Alderpersons (4) Whitmore, Zumoff, Taylor, Korherr OTHERS PRESENT: Mayor Peterson Information Management Specialist - Day City Clerk—Julie Conley Holcomb Asst. City Attorney— Sarachan Ithaca Police Officer- Brotherton ADDITIONS TO OR DELETIONS FROM THE AGENDA: Alderperson Mackesey requested the deletion of Item 9 - An Ordinance to Amend Section 146-7C(2)(a) of the City of Ithaca Municipal Code Regarding Fees for Temporary Certificates of Occupancy. She noted that this legislation is going through the City Administration Committee. APPROVAL OF MINUTES: By Alderperson Zumoff: Seconded by Alderperson Korherr RESOLVED, That the Minutes of the September 26, 2005 Governance Committee meeting be approved as published. Carried Unanimously An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code Entitled "Exterior Property Maintenance" to Remove the Criminal Penalties By Alderperson Zumoff: Seconded By Alderperson Korherr ORDINANCE NO. 05- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 178 of the City of Ithaca Municipal Code Entitled "Exterior Property Maintenance" is hereby amended as follows: § 178-10. Enforcement. Violations of this chapter and of§ 325-29.3, Dumpsters, shall be punishable as follows: {A. Criminal penalties. • • .. e - e e - -- - - J, or a y-of- he-provisions in § 178 3F regarding grass, weeds, brush, plantings, or - - - - - • - - - - - - - - e • - • - - =, - -- • -- • - - •, - - - Al •• .. _ - . _ .. e e e _ ee:- - pefiGEh (3) Each violation of this chapter or of§ 325 29.3, and each day during which a (i1) Violation of any provision of this chapter or of§ 325 29.3 shall be a violation as IAA. Civil penalties. (1) Any property owner and/or agent who violates any provision of this chapter or of § 325-29.3, except those provisions specified in Subsection A(2) below, shall be liable for a civil penalty of$50 for the first violation at a property within a twelve-month period, $200 for a second violation at the same property within a twelve-month period, and $300 for a third or subsequent violation at the same property within a twelve-month period. (2) Any property owner and/or agent who violates any provision of§ 178-3E, G, I or J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or obstruction of views, shall be liable for a civil penalty of$40 for the first violation at a property within a twelve-month period, $60 for a second violation at the same property within a twelve-month period, and $100 for a third or subsequent violation at the same property within a twelve month period. (3) Each violation of this chapter or of§ 325-29.3, and each day during which a violation continues, shall be deemed to be a separate violation. (4) The City Attorney or his or her designee may commence an action or special proceeding against the violator in a court of competent jurisdiction to collect these penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to compel compliance with or restrain by injunction any such violation. (5) When the City Attorney obtains a judgment in an action or proceeding under this section either against the property owner or agent, or both, in addition to the appropriate methods for enforcement of judgments established in the Civil Practice Law and Rules, such judgment for penalties may constitute a lien, be a lien on the subject property and on the rents therefrom, or may be collected in the manner of any other civil judgment. O.B. Appearance tickets and appeals. Notwithstanding any contrary Code provision, appearance tickets may be issued by the Building Commissioner and/or Commissioner's designee(s) charging violations of this chapter or of§ 325-29.3 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 elsewhere in this Code shall not apply as a condition precedent to issuing an appearance ticket charging a violation of this chapter or of§ 325-29.3. 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 chapter and section shall apply only in cases in which the City intends to correct the violation and seek to charge the property owner or agent for the costs of correction. 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 Attorney Robert Sarachan explained that violations of the Exterior Property Maintenance Ordinance are not considered criminal in nature, so the reference to criminal penalties should be removed from the City Code. He further stated that language in the Civil Penalty section adequately addresses code violations. A vote on the Ordinance resulted as follows: Carried Unanimously An Ordinance to Amend Chapter 250 of the City of Ithaca Municipal Code Entitled "Peace and Good Order" to include Aggressive Panhandling Prohibition By Alderperson Zumoff: Seconded By Alderperson Taylor ORDINANCE NO. 05- 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 panhandling. (A) Findings: The Common Council finds that aggressive begging, panhandling, or 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 crime; (4) Traffic control and public safety; (5) Orderly movement of traffic and pedestrians; and (6) Provision and maintenance of a safe, aesthetically attractive environment in areas designed to attract commerce and/or tourist revenue. The Common Council finds that aggressive begging, panhandling or 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 promote these governmental interests and combat the negative affects of aggressive begging, panhandling or 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) Approaching or speaking to a person or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another or damage to or loss of property or otherwise be intimidated into giving money or other thing of value; (2) 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; (3) Intentionally or recklessly touching or causing physical contact with another person or that person's property without that person's consent in the course of soliciting; (4) Intentionally or recklessly 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 evasive action to avoid physical contact; (5) Using violent, obscene or threatening gestures toward a person solicited; (6) Following the person being solicited, with the intent of asking that person for money or other things of value; (7) Speaking in a volume unreasonably loud under the circumstances; (8) Soliciting from anyone who is waiting in line. 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. Soliciting shall include using the spoken, written or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. However, this ordinance is not intended to prescribe any demand for payment for services rendered or goods delivered. Nor is this ordinance or the definition of solicitation intended to include or prescribe fixed advertising attached to an existing premises. Nor is it intended to include or prescribe signs or written material allowed under any other applicable City ordinance, regulation, license or permit. Public Place shall mean a place where a governmental entity has title or to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school, place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon. Financial Institution shall mean any banking corporation, credit union, foreign exchange office or like institution. Automated teller machine shall mean a device, linked to a financial institution" account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments. (C)Prohibited acts. (1) No person shall solicit in an aggressive manner in any public place. (2) No person shall solicit within fifteen feet of any entrance or exit of any financial institution or within fifteen feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. (3) No person shall solicit while under the influence of alcohol or a controlled substance. (4) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor has the funds to meet that need, does not intend to use funds to meet that need or does not have that need. (5) No person shall solicit in any public transportation vehicle, or within fifteen feet of any handicapped parking space, taxicab stand, or bus station or stop or in any public parking lot or structure or dedicated walkway to such parking lot or structure. (6) No person shall solicit within fifteen feet of an entrance to a building. (7) No person shall solicit within fifteen feet of any valid vendor location. (8) No person shall solicit in an area unless the area is sufficiently illuminated to allow the solicitee to fully observe the solicitor at a distance of fifteen feet. (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. Discussion followed on the floor with the City Clerk Julie Conley Holcomb explaining that this legislation was modeled after an ordinance in effect in Burlington, VT. She stated that the Commons Advisory Board and the Ithaca Downtown Partnership Board have reviewed the legislation and strongly support it. Ithaca Police Officer Brotherton spoke about the panhandling complaints that have been received and noted that approximately 50% of the calls were handled during the two months following the Grassroots Festival and the Rainbow Coalition Festival. Assistant City Attorney Sarachan highlighted the fact that this Ordinance is not intended to prohibit free speech, solicitation or panhandling, but to address aggressive behaviors that some people engage in while panhandling. Mayor Peterson addressed some of the concerns and complaints that her office has fielded regarding panhandling on the Commons and the feelings of fear, intimidation, and loss of business that Commons shoppers and merchants have expressed to her. Discussion followed on the floor regarding the 15-foot requirement and how that would affect other areas of the City besides the Commons. Alderperson Mackesey voiced concern for the people who solicit for money because they are in need of food and other services, and discussion followed on the floor regarding the outreach efforts currently being undertaken by the Ithaca Police Department in conjunction with the Red Cross and Tompkins County Mental Health. Amending Resolution: By Alderperson Taylor: Seconded by Alderperson Whitmore RESOLVED, That the definitions of Financial Institutions, and Automatic Teller Machines (ATM) be removed from the Ordinance, and, be it further RESOLVED, That the following subsections under ( C ) Prohibited Acts be removed from the Ordinance: C(2), C(5), C(6), C(7), C(8). Further discussion was held on the floor regarding the proposed amendment to the Ordinance. Amendment to the Amending Resolution: By Alderperson Korherr: Seconded by Taylor RESOLVED, That subsection C(5) be amended to read as follows: "(5) No person shall solicit in any public transportation vehicle.", and, be it further RESOLVED, That the new language for subsection C(5) remain in the Ordinance. Ayes (4) Mackessey, Korherr, Taylor, Whitmore Nays (1) Zumoff Carried Amending Resolution as Amended: A vote on the Amending Resolution as Amended resulted as follows: Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (4) Zumoff, Korherr, Taylor, Whitmore Nays (1) Mackesey Carried ADJOURNMENT: On a motion the meeting adjourned at 8:10 p.m. C�nd. pcthukt,_ Cindie L. Day Pamela Mackesey Information Management Specialist Chair