HomeMy WebLinkAboutMN-PLED-2016-01-13
Approved at the
February 10, 2016 PEDC Meeting
City of Ithaca
Planning & Economic Development Committee
Wednesday, January 13, 2016 – 6:00 p.m.
Common Council Chambers, City Hall, 108 East Green Street
Minutes
Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham
Kerslick, Ducson Nguyen, Cynthia Brock, and
Josephine Martell
Committee Members Absent: None
Other Elected Officials Attending: Mayor Svante Myrick and Alderperson George
McGonigal
Staff Attending: JoAnn Cornish, Director, Department of
Planning, Building, Zoning, and Economic
Development; Kathy Servoss, Public Works;
Jennifer Kusznir, Senior Planner; Nels Bohn,
Director, IURA; Ari Lavine, City Attorney; Debbie
Grunder, Executive Assistant
Others Attending: None
Chair Seph Murtagh called the meeting to order at 6:00 p.m.
1) Call to Order/Agenda Review
There were no changes made to the agenda.
2) Public Comment and Response from Committee Members
Martha Robertson, 1655 Ellis Hollow Road, Dryden. She serves on the county’s
economic development committee. She spoke regarding the CIITAP program, more
specific the child care incentive. There is a very large gap of affordable child care
and its availability.
Stacey Black, 329 East Cortland Street, Groton, served on the CIITAP review
committee. Let’s support local labor.
Sue Kittel, Vice Chair, Workforce Diversity Committee along with Eloise Barrett and
Schelley Michell-Nunn also on this committee. She spoke of the letter included in the
Approved at the
February 10, 2016 PEDC Meeting
meeting packet. This committee would like to address the diversity issues the
community faces.
Sue Dale Hall, 217 Northview West, spoke of the child care CIITAP recommended
inclusion in the new CIITAPP application.
???? (no card completed) stated she is concerned about the cost of living in Ithaca
and how it is continuing to rise. She feels that the criteria of the CIITAP application
should have to be held to the different eligibility criteria based on the size of their
project.
Alderperson Brock thanked those who spoke.
3) Announcements, Updates, and Reports
The State of the City stated the inclusionary zoning which will come to this committee
in February.
JoAnn Cornish announced the MLK breakfast will be held on Saturday, January 16,
2016 at the Beverly J. Martin Gymnasium.
Alderperson Brock stated the information from Addisu Gebre regarding the Cascadilla
Creekway Project is currently tied to DOT funds, but if it isn’t, the City would have a
better way of doing this. The Board of Public Works is asking for input on selecting
an alternative to pursue related to the railing along the creek. Comments are due by
January 31, 2016.
4) Action Items (Voting to Send onto Council)
a) Changes to Commons Ordinance
Kathy Servoss, Executive Assistant, Superintendent of Public Works and chair of
the Commons Advisory Board provided the Committee with the proposed changes
to the Common Ordinance.
She thanked Cynthia Brock for her recommendations which she incorporated
them in the new draft. She discussed the four most important changes to the
ordinance.
Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed
unanimously.
JoAnn Cornish asked for a clarification on page 5. Page 5 lists the permits
allowed and then later in the ordinance they are further explained. Questions
regarding the maintenance and snow removal being crossed out. Servoss stated
that area was crossed out since we are in the process of updating it.
Approved at the
February 10, 2016 PEDC Meeting
Alderperson Kerslick asked where people would look for updates to this
ordinance.
He made a friendly amendment with all the changes identified.
Approved at the
February 10, 2016 PEDC Meeting
ORDINANCE NO. 2015-04
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter
157 of the City of Ithaca Municipal Code entitled “Commons” be amended as follows:
Section 1. Chapter 157 of the City of Ithaca Municipal Code shall hereby be repealed and
replaced with the following:
Article I. General Provisions; Commons Advisory Board
§ 157-1. Title.
This chapter shall be known and may be cited as the "Ithaca Commons Rules."
§ 157-2. Purpose.
The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as
to promote the general welfare and public use of said area.
§ 157-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMONS ADVISORY BOARD
That board, duly appointed by the Mayor, with approval of the Common Council, charged with
various activities and/or powers relating to the Ithaca Commons by the Common Council.
ITHACA COMMONS
A. The following described two areas:
(1) PRIMARY COMMONS — That area of public property between the south building lines on the
north side and the north building lines on the south side of the former bed and associated
sidewalks of East State/East Martin Luther King, Jr. Street between the east line of Cayuga
Street and the west line of Aurora Street and that area of public property between the west
building lines on the east side and the east building lines on the west side of the former bed and
associated sidewalks of North Tioga Street between the north line of East State Street/East
Martin Luther King, Jr. and the south line of Seneca Street.
(2) SECONDARY COMMONS — That area of public property between the south building lines
on the north side and the north building lines on the south side of the 100 and 200 blocks of East
Green Street, the 300 block of East State/East Martin Luther King, Jr. Street, the 100 block of
West State/West Martin Luther King, Jr. Street and the 100 and 200 blocks of East Seneca Street
and the public property between the east building lines on the west side and the west building
lines on the east side of the 100 and 200 blocks of North Aurora Street, the 100 block of South
Aurora Street, the 200 block of North Tioga Street, the 100 block of South Cayuga Street and the
100 block of North Cayuga Street.
B. Unless otherwise stated, "Ithaca Commons" or "Commons" shall mean both the Primary
Commons and the Secondary Commons as described above.
Approved at the
February 10, 2016 PEDC Meeting
ITHACA DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
A not-for-profit business improvement league which engages in the following program areas for
downtown Ithaca: business retention and development; promotions and marketing; government
relations; image marketing. The Ithaca Downtown Business Improvement District is also known
as the Downtown Ithaca Alliance (DIA).
NEWSRACKS
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used,
or maintained for the display, distribution or sale of newspapers, magazines, news periodicals, or
other news publications.
SHOPPING CARTS
Any cart, basket, container or other device made of wire, metal, plastic or other material,
mounted on wheels, manually operated that is generally provided by merchants/stores for the
conveyance of merchandise, foodstuffs and other property to automobiles and other places.
STANDARD AWNING
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material. A standard awning must be capable of being rolled up or retracted to
within one foot of the face of the structure to which it is attached. Such standard awning must not
be capable of projecting from the face of the structure upon which it is mounted more than four
feet from the face of the structure and must be no taller than four feet. The standard awning must
be mounted on the face of the structure to provide for an unobstructed clearance below the rigid
frame of the standard awning of seven feet above the sidewalk below. A non-rigid valance may
hang no greater than one foot below the rigid frame.
STANDARD CANOPY
A nonstructural addition to the facade of any building, which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material. A standard canopy is one that is constructed so that it cannot be
retracted. Such standard canopy may only project from the face of the structure upon which it is
mounted four feet from the face of the structure and may be no taller than four feet. The standard
canopy must be mounted on the face of the structure to provide for an unobstructed clearance
below the rigid frame of the standard canopy of eight feet above the sidewalk below. A non-rigid
valance may hang no greater than one foot below the rigid frame.
§ 157-4. Creation of Board; responsibilities.
A. There shall be a Commons Advisory Board as follows:
(1) Membership. The membership of the Commons Advisory Board shall consist of ten total
members including: one representative from the Common Council, and six members appointed
by the Mayor with the approval of Common Council. Membership shall be balanced between
members inside and outside of the Downtown Ithaca Business Improvement District. The
Executive Director of the Downtown Ithaca Alliance, the City Clerk, and the Superintendent of
Public Works or their designees shall serve as voting members. Board members will serve
staggered two-year terms.
(2) Officers. The Commons Advisory Board will have two officers: a Chair and Vice Chair, to be
elected at the first regular meeting of each calendar year at which there is a quorum present.
Approved at the
February 10, 2016 PEDC Meeting
Nominations for these offices will be made from the floor with election by a majority of those
members present at the meeting.
(3) Officers' duties. The Chair will preside at meetings and have such other appropriate duties as
may be assigned by the Board. The Vice Chair shall assist the Chair and preside at meetings in
the Chair's absence. If both the Chair and Vice Chair are absent, an acting Chair will be selected
by the Board.
(4) Quorum. A quorum will consist of six members.
(5) Action. Action may be taken by vote with a quorum of six members present at a regular or
special meeting. The Chair will be a voting member on all actions. Actions shall pass by vote of a
majority of members present.
(6) Meetings. Regular public meetings will be held with the place and time to be determined by
the Board. Special meetings may be called at any time by the Chair or a majority of Board
members. Members will be notified of scheduled meetings through electronic notification at least
three days in advance.
(7) Review of Ithaca Commons rules. The provisions of this chapter will be reviewed periodically
and a report thereof, including recommendations for modification, submitted to the Mayor and
Council.
B. The Commons Advisory Board shall have the following responsibilities:
(1) Direct. The Commons Advisory Board shall have direct responsibility and the ability to
delegate and revoke activities relating to the matters listed below:
(a) Use of the Commons; issuance of permits.
[1] Use of the Commons for, and scheduling of, any of the following purposes:
[a] Entertainment.
[b] Cultural, social, civic, religious, and educational events.
[c] Commercial sale of goods or products, solicitation, outdoor dining and use of mobile vending
carts.
[2] In circumstances when there is not adequate time to convene the Advisory Board to review a
permit request, the Chair may, with the concurrence of five additional Board members through
electronic notification, authorize the issuance of a permit. The Board may authorize the Chair
alone, or the Superintendent, to approve certain types of permits as specified.
(b) Type, size and placement of private advertising and identification signs on the Commons in
accordance with Chapter 272, Signs, provided that such review and approval or disapproval shall
not be required when the private advertising and/or identification sign is in connection with a
marquee, canopy or sunscreen when the permission for the marquee, canopy or sunscreen has
been granted by the Planning and Development Board or the Ithaca Landmarks Preservation
Commission pursuant to
Chapter 170, Encroachments.
Approved at the
February 10, 2016 PEDC Meeting
(c) Design and placement of public identification, informational and directional signs and graphics
on the Commons.
(d) Design and placement of, and materials used in, street furniture, such as benches, outside
dining facilities, trash containers, flags, kiosks, playground equipment, commemorative plaques,
and similar items used on public property on the Commons.
(e) Design, placement and use of decorations on the Commons.
(f) Installation or use of public or private sound amplification and transmission systems or
equipment on the Commons.
(g) Other duties and responsibilities as may be assigned by the Mayor or Common Council and
to make such other recommendations to the Mayor and Council and other public boards, officials,
groups, or individuals as may be appropriate relative to the operation and administration of the
Commons.
(2) Indirect. The Commons Advisory Board will review and advise on those matters listed below:
(a) Type, placement and amount of landscaping on the Commons.
(b) Public lighting on the Commons.
(c) Public and private construction, renovation and rehabilitation of building facades and open
spaces (parking areas, entries, etc.) except for the installation of a standard awning or a standard
canopy and demolition on the Commons. Review shall be in terms of aesthetic character, visual
effect and operational impact, provided that such review and advice shall not be required when
the construction, renovation and rehabilitation applies to a marquee, canopy or sunscreen where
the approval for such marquee, canopy or sunscreen has been granted by the Planning and
Development Board or the Ithaca Landmarks Preservation Commission pursuant to Chapter 170,
Encroachments.
(d) Public maintenance and repair on the Commons.
(e) Traffic movement, parking and delivery methods around the Primary and Secondary
Commons.
(f) General maintenance of order on the Commons.
(g) Placement, size, and type of public artwork, in any form, on and around the Primary and
Secondary Commons.
Article II. Use of the Commons
§ 157-5. Commons permits.
A. Permit classes. Commons use permits will be required for all events, activities, displays,
exhibits, commercial sales and other uses of the Commons. Such use permits will be issued in
accordance with the provisions of this section. General classes of permits that will be referred to
the Superintendent or the Commons Advisory Board include:
Approved at the
February 10, 2016 PEDC Meeting
(1) Commons use permits, including pavilion reservations, event permits, information table
permits, and driving on the Primary Commons. For information on Commons loading zones, see
§157-9G.
(2) Use of amplified sound on the Commons including public address systems, bullhorns, sound
amplifiers, and loud-natured acoustical musical instruments, such as horns, drums, and other
percussion instruments.
(3) Animals. Licensed dogs are allowed on the Primary Commons by permit only, pursuant to
§157-12..
(4) External speaker permits for businesses on the Commons which utilize external sound
systems that project onto the Commons.
(5) Outdoor dining permits, including storefront dining permits for restaurants, and Commons
space permits for use by the Downtown Ithaca Alliance.
(6) Mobile vending agreements.
B. Permit issuance.
(1) All requests for permits must be submitted to the Superintendent of Public Work’s office. The
Superintendent, or his/her designee, may ask for additional information, and/or request a
personal appearance before the Commons Advisory Board to present the details of a permit
application.
(2) Review of permit requests shall include scheduling of specific time, duration, and location of
the proposed use or activity. It may also include any special conditions or restrictions that should
be placed on the permit. Permits will be approved by the Superintendent or his/her designee for a
specific activity, specific date, specific time period, and specific location on the Commons.
(3) The Commons Advisory Board shall serve as an appeals board for people whose permit
applications have been denied or who feel that unreasonable restrictions have been placed upon
their permit.
(4) When a request is approved or conditionally approved by the Board, the issuance of a permit
will be authorized subject to any conditions which have been imposed by the Board or which may
be required by the City. Permits will be issued by the Superintendent or his/her designee. The
applicant will be notified of the Board's decision within five business days after a decision has
been rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent, his/her
designee, or the Commons Advisory Board may be revoked or amended if it is determined that
the activity for which the permit was issued is not being carried out in a manner that meets the
terms of the permit.
(6) If a request for a permit is denied by the Board, the applicant will be informed of the reasons
therefore in writing within five business days of the decision.
(7) The Superintendent will be responsible for notifying appropriate City staff of permit issuance.
Approved at the
February 10, 2016 PEDC Meeting
(8) A record of all Board actions will be maintained pursuant to applicable laws.
C. Report of permit activity. A report on requests for permits and approved activities scheduled
will be made at the regular meeting of the Commons Advisory Board.
§ 157-6. Responsibilities of permit holder.
A. The responsibilities of the permit holder shall be:
(1) To supervise all materials, displays, products, equipment, and volunteers.
(2) To entirely remove or properly dispose of all material and equipment used in any acti vity at
the end of the use time and to leave the Commons in the same or better condition than when the
event began. See also § 157-18A. Maintenance Guidelines
(3) To remove and properly dispose of all litter and trash created by the activity, use, or event.
(4) To hold the City of Ithaca free and clear of any responsibility for any materials, products or
equipment used in any activity or event on the Commons and for any damages, accidents or
incidents which may occur in conjunction therewith.
(5) To show proof, when required by the Superintendent, that liability insurance in an amount to
be determined based on the nature of the event has been obtained, naming the City of Ithaca as
an “Additional Insured” on the certificate.
(6) To comply with all of the applicable conditions and guidelines as set forth by the Commons
Advisory Board and the City of Ithaca.
(7) To provide a security deposit, when required by the Superintendent of Public Works, or the
Commons Advisory Board, to cover anticipated cleaning and repair costs.
(8) To show proof, when required, of various documents including a New York State sales tax
certificate or Tompkins County Health Department certificate.
B. A permit holder or vendor shall not discriminate against the people attending his or her event
or patronizing his or her business because of actual or perceived: age, creed, color, disability,
ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national
origin, race, religion, sexual orientation, socioeconomic status, or weight.
§ 157-7. General Commons rules; signs, displays and temporary planters.
A. The following rules apply to all uses and activities on the Primary Commons:
(1) The fire lane is to be kept open and free of any obstructions at all times. No exhibit or item will
be permitted to locate in the fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00
p.m. In scheduling events and activities on the Commons, consideration will be given to the
people living and doing business on and around the Commons. Amplified sound is allowed on
the Commons by permit only, pursuant to §157-8.
These regulations do not pertain to Special Events that are regulated under §132-7 of the City of
Ithaca Municipal Code.
Approved at the
February 10, 2016 PEDC Meeting
(3) Requests for multiple permitted events (3 or more) in a calendar year by a single user,
requires approval by the Commons Advisory Board. Requests for weekly recurring events will be
considered by the Commons Advisory Board for Mondays, Tuesdays, and Wednesdays.
(4) Rain dates will not be scheduled at the time the original permit is issued but in case of rain,
every effort will be made to reschedule the event at the earliest appropriate time upon written
request from the event organizer. Reapplication for a permit will not be required.
(5) Disrupting the natural flow of pedestrian traffic or the ingress to or egress from storefronts and
businesses is prohibited.
(6) No person shall litter, throw, or scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary
Commons shall not be permitted without a valid permit, except that the sale of event-specific
items and items related to, and being sold by, a not-for-profit organization, or a business located
on the Primary/Secondary Commons shall be allowed pursuant to approval and permit by the
Superintendent and/or Commons Advisory Board.
(8) Promotional, advertising, banners or other materials are not to be placed across the
Commons or affixed to any pavilion or other infrastructure, except in cases where a permit has
been approved.
(9) No person shall climb upon or permit minors in his/her custody to climb upon any structure, on
the Commons (other than a designated play structure). This includes, but is not limited public art
pieces, light poles, trees, fountain, or planters.
(10) No items or animals shall be leashed, affixed or bound to any light pole, tree, planter,
pavilion or other infrastructure on the Commons, except in cases where approval by the
Superintendent of Public Works has been granted.
(11) The Commons can be reserved for "Sidewalk Sale Days," at which time Commons
merchants would be allowed to display and sell merchandise on the Ithaca Commons.
(12) Aggressive solicitation is prohibited pursuant to Chapter 250-9 of the City of Ithaca Municipal
Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a permit by the
Commons Advisory Board.
(14) Shopping Carts as defined in §157-3 above are not allowed on the Commons.
B. Signs; merchandise displays; temporary planters. A business, organization, or establishment
may have signs and/or displays, to advertise the business in that location. Outdoor display of
goods and merchandise are limited to the items sold within the retail establishment, subject to the
following restrictions or privileges:
(1) There may be a total of two freestanding signs or displays per business entrance, regardless
of the number of businesses or organizations within the building. Where the word "sign" is used
alone hereinafter, it refers to a sign or display.
Approved at the
February 10, 2016 PEDC Meeting
(2) For the Primary Commons, freestanding signs may be up to 48 inches tall. Signs may not
extend beyond the building face or extend 7 feet from the building front. For the Secondary
Commons, signs may be up to 48 inches tall by 24 inches wide and must be placed by the curb
of the street in front of their building face, not blocking the opening of car doors or access to
parking meters/pay stations, or bike racks, and must allow at least 60 inches (five feet) for a
pedestrian right-of-way between the sign and the buildings.
(3) All signs must be made of durable material and be heavy enough to remain in place in all
weather and must present a professional appearance.
(4) Signs must be maintained in good condition, with no rust, peeling paint, peeling laminate or
broken sections. Outdoor signs and displays must not include any objects with sharp edges,
protrusions or other features which may be hazardous to the public.
(5) Merchandise displays may be 60 inches tall. Displays may not extend beyond the building
face or extend beyond 7 feet from the building front. The display base shall be of a size no
greater than 24 inches square and shall be made of a durable material and shall be heavy
enough to remain standing in all weather. Displays must be maintained in good condition. The
owner of signs or displays must keep the area around them clear of snow and debris on and
around the signs at all times. See also § 157-18A. Maintenance Guidelines
(6) Temporary planters for flowers and plant display shall abut the building and extend no more
than 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be
at least 24 inches tall at the lip of the planter. Planters may extend the length of the business.
Planters must be maintained in good condition, filled with plants or flowers, and must be kept free
of snow and debris in and around the planters. See also § 157-18A. Maintenance Guidelines
(7) No sign, merchandise display or planter may block or obstruct a fire suppression system
affixed to a building or impede traffic flow in or out of building entrances.
(8) Businesses with outdoor dining permits must keep their signs, merchandise displays and
planters within their designated outdoor dining area.
(9) All signs and merchandise displays must be taken in at the close of the business day and
during inclement weather conditions. See also §157-18A. Maintenance Guidelines
(10) The Downtown Ithaca Alliance shall be allowed to place signs at or near the Bernie Milton
Pavilion and the four entrances to the Commons (Aurora Street, Cayuga Street, Seneca Street
and Home Dairy Alley). These signs shall not impede pedestrian traffic or block fire lanes.
(11) Outdoor food sales are not permitted during Special Events on the Commons. Outdoor
dining establishments with an agreement with the City are exempt from this provision.
(12) The building owner shall be liable for any violations under this Section. The building owner is
responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in
determining the rights of building tenants to place signs, merchandise displays or planters on the
Commons. The building owner may not charge any fees for the use of a sign in public space.
§ 157-8. Amplified sound, lights and other electrical equipment.
Approved at the
February 10, 2016 PEDC Meeting
A. Except by special permit issued by the Commons Advisory Board or its designee, no person
shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder,
radio or other device for electronic sound amplification in a loud, annoying or offensive manner
such that noise from the device interferes with conversation or with the comfort, repose, health or
safety of others. Refer to City of Ithaca Municipal Code Chapter 240 entitled “Noise” for further
information.
B. Except by special permit issued by the Commons Advisory Board or its designee, no person
shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or other
device from on or inside any building on the Ithaca Commons, the sound from which is directed
outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency warning devices,
sirens, alarms or other devices being used solely for public safety purposes.
D. Amplified sound may be used between 11:00 a.m. to 2:00 p.m. Monday - Friday; and 5:00
p.m. to 9:00 p.m. Sunday – Thursday. On Friday, amplified sound is allowed from 5:00 p.m. to
10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Approval
of a noise permit by the Commons Advisory Board or its designee is required. Sound levels are
subject to immediate volume reduction upon request by any City official, staff member of the
Downtown Ithaca Alliance, or member of the Commons Advisory Board.
E. The use of supplemental lighting, movie and slide projectors and any other type of electrical
equipment or display will be carefully reviewed by the Superintendent, City Electrician, and the
Commons Advisory Board so as to minimize nuisance or hazard conditions.
§ 157-9. Vehicles on the Commons.
A. Only service and business delivery vehicles are allowed on the Primary Commons between
the hours of 6:00 am and 9:00 a.m. each day of the week except on days when major festivals
are planned. A valid pay and display ticket shall be visible on the dash of each vehicle. All
vehicles shall enter the Primary Commons on the West end (Cayuga Street) and exit on the East
end (Aurora Street). All vehicles shall remain on the edge of the Fire Lane. Businesses with rear
access should continue to use that space for deliveries and service work. Vehicles may not be
unattended for more than 5 minutes. No parking of vehicles is allowed. Any vehicles remaining
on the Primary Commons after 9:00 a.m. shall be subject to towing at the owner’s expense.
Requests to drive a vehicle on the Primary Commons during other hours, vehicles with a gross
weight over 10,000 pounds, and vehicles with trailers, require additional consideration and a
permit issued by the Superintendent. Permits will only be issued for a two hour time period.
B. No vehicle shall operate at a speed greater than five miles per hour. The use of a flagger
and/or hazard flashing lights is required for any permit granted by the Superintendent.
C. If it is necessary for vehicles to operate in reverse gear while on the Primary Commons, a
flagger is required. This provision shall not apply to emergency vehicles when operating during
an emergency situation.
D. Any vehicle which must remain on the Primary Commons as an integral part of a display or
exhibit or if extended service is necessary must be able to be moved immediately.
Approved at the
February 10, 2016 PEDC Meeting
E. Municipal and utility vehicles will be permitted on the Primary Commons for the minimum time
necessary to complete their task. Notification of such shall be made to the Superintendent’s office
prior to beginning the work.
F. Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other
fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids
occur, the set guidelines for removal of stains on concrete pavers established by the Department
of Public Works must be followed. See also §157-18A. Maintenance Guidelines
G. Ithaca Commons loading zones. Use of the loading zones at the entrances to the Primary
Commons is strictly reserved for vehicles making deliveries or loading and unloading
passengers. No other use of the loading zones shall be made without the express written
permission of the Chief of the Police Department.
§ 157-10. Bicycles and other wheeled devices.
A. Riding of bicycles, roller skates, skateboards and similar wheeled devices is prohibited on the
Primary Commons. Standing or sitting astride a bicycle with one leg on either side of the bicycle
is also prohibited. Wheelchairs, baby strollers and similar devices intended for the convenience
and comfort of infants or people with disabling conditions are permitted on the Commons.
Nothing herein shall prohibit a pedestrian from walking a bicycle on the Primary Commons or
having a bicycle or skateboard in the pedestrian's possession while on the Primary Commons.
B. No person shall park any bicycle against windows, trees, light poles, planters or other
infrastructure in any such manner as to constitute a hazard to pedestrians, traffic or property.
Bicycle racks are provided at different locations on the Commons for the storage of bicycles on a
short-term and/or daily basis only.
C. Bicycles may be impounded for the following reasons:
(1) There is reasonable cause to believe the bicycle has been stolen;
(2) There is reasonable cause to believe the bicycle has been used in the commission of a crime;
(3) The bicycle has been parked in violation of Subsection B above, and the owner or person
authorized to possess the bicycle has refused to remove it or has not been identified after a
reasonable inquiry; or
(4) The bicycle has been abandoned. Before a bicycle may be considered abandoned, it must
remain unmoved for at least 24 hours after a notice has been affixed to the bicycle by the Ithaca
Police Department warning that it may be impounded unless moved within 24 hours.
D. A violation of this section shall be punishable by a fine of not more than $50. A second
violation within three years is punishable by a fine of not more than $150 or a conditional
discharge requiring not more than 40 hours of community service and not less than $50 or a
conditional discharge requiring not less than 15 hours of community service. A third violation
within three years is punishable by a fine of not more than $250 or a conditional discharge
requiring not more than 60 hours of community service and not less than $100 or a conditional
discharge requiring not less than 25 hours of community service.
§ 157-11. Alcoholic beverages.
Approved at the
February 10, 2016 PEDC Meeting
No alcoholic beverages may be sold or consumed on the Commons except by special p ermit
approved by the Common Council for a specific date, location and duration. Liquor and general
liability insurance may be required in an amount to be determined based upon the nature of the
event; but, in no case, shall it be less than $1,000,000.00. Insurance certificates must name the
City of Ithaca as an “Additional Insured” for the duration of the event.
§ 157-12. Dogs and Other Animals.
A. No animals are allowed on the Primary Commons except by special permit. This provision
does not apply to Service animals providing assistance to people with special needs and police
working dogs.
B. Owners or tenants of residential or commercial premises on the Primary Commons, whose
only access to their premises is from the Primary Commons, may apply to the Superintendent for
a special permit. Such permit shall be conditional upon compliance with all City laws and
ordinances pertaining to animals, and as outlined above in §157-5(3).
C. A permit shall allow tenants and owners of premises on the Primary Commons, or the
customers of businesses that require the presence of animals to perform the function of the
business, to transport their animals to and from their premises in the shortest and most direct
route possible. Animals shall be leashed or transported i n carriers.
D. The permit shall not be transferable and is revocable at any time should the permit holder fail
to comply fully with the terms of the permit. The permit shall be valid for the duration of the
owner's lease or ownership of premises on the Commons or for a period of one year, whichever
is shorter. The permit shall be renewable annually upon application to the Superintendent. The
permit fee shall be set by the Commons Advisory Board. No more than two permits shall be
issued for each residential or commercial unit. In the case of a business that requires the
presence of animals to perform the function of the business, one permit shall cover the business
and all of its customers.
In addition, a valid New York State dog license is required, and must be presented at the time of
application for the permit.
E. The Commons Advisory Board shall review each application for a business permit and shall
grant such permit upon the following conditions:
(1) That animals shall be limited to an area between the premises and the closest of the four
primary Commons entrances (Home Dairy Alley, Aurora Street, Seneca Street or Cayuga Street);
(2) That the permit shall be for the movement of animals to and from the business and shall not
allow for the loitering of animals in the permitted area;
(3) That the dog owners or other persons responsible for the dog are responsible for promptly
removing any animal waste pursuant to §164-9 of the City of Ithaca Municipal Code which is not
preempted by this section; and
(4) That the permittee, should the dog owner fail to fulfill this responsibility, shall be responsible
for the cleaning of any animal urine or feces that is deposited in the permit area.
§157-13. Posting of bills and notices.
Approved at the
February 10, 2016 PEDC Meeting
A. Posting of bills or notices or the attachment of any unauthorized devices to any public
structures of the Commons is prohibited.
§157-14. Newsracks.
The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons.
Requests to use the newsracks will be considered in accordance with the policy approved by the
Commons Advisory Board.
§157-15. Refuse.
Commons businesses and residents will be allowed 24/7 access to a secure disposal facility.
Private trash and recycling will not be collected on the Prim ary Commons.
Only authorized users with key access will be permitted to use the disposal facility. Users will
need to place trash in authorized bags. In the event that the transport of trash results in drippings
or leaking fluids on the Commons, the guidelines for cleaning stains established by the
Department of Public Works must be followed. See also §157-18A. Maintenance Guidelines.
Fines will be imposed for users who abandon unaccepted items or who dispose of trash without
using an authorized bag.
§157-16. Storage.
No storage of items, material or stock, etc., will be allowed anywhere on the Commons, except by
permit issued by the Superintendent of Public Works.
§157-17. Property damage.
Unauthorized cutting, mutilating, removing or taking away of any trees, shrubs or flowers or the
defacing or damaging of property is prohibited unless expressly authorized by the Superintendent
of Public Works.
§157-18. Cleaning and repairing.
A. All users involved with activities on the Commons shall be responsible for cleaning and
repairing to assure that the Commons will be returned to its prior condition previous to its use.
Failure to comply with this provision shall result in the City's taking necessary action to clean
and repair the Commons and to restore it to its prior condition. In such case, the City shall bill
the user for the cost of such repairing or cleaning, both on the Commons and on the
surrounding business improvement district. It is expected that the same level of maintenance
will be extended to the entire business improvement district as prevails for the Commons.
This provision shall not relieve the City from performing normal, routine cleaning and
maintenance activities.
B. Maintenance and Snow Removal Guidelines
(1) Guidelines will be developed by the Department of Public Works in accordance with best
practices, with approval from Board of Public Works, and will be updated as needed.
§157-19. Fees.
Permit and use fees will be established by the Commons Advisory Board in consultation with the
Board of Public Works. Fees may be waived or reduced by the Commons Advisory Board if
deemed in the best interest of the community. All fees shall be paid at the time the permit is
issued.
Approved at the
February 10, 2016 PEDC Meeting
§157-20. Street Performers
Street performers and acoustical musicians may perform on the Commons between 10:00 a.m.
and 9:00 p.m. Sunday through Thursday; and 10:00 a.m. and 10:00 p.m. on Friday and Saturday.
All street performers shall locate along the edge of the fire lane and must remain mobile at all
times in case emergency vehicles require access to the area. Performance equipment and
materials may not be left unattended. Street performers must move to a different location every
45 minutes. The Commons Advisory Board reserves the right to designate specific areas for
street performers.
The use of amplified sound or fire during a performance is only allowed by permit from the
Commons Advisory Board. Loud natured acoustical instruments such as horns, drums and other
percussion instruments require a noise permit from the Commons Advisory Board. Performers
are responsible for monitoring and controlling the volume of sound they make and must reduce
the volume upon the request of the Ithaca Police Department, City staff, Downtown Ithaca
Alliance staff, or a member of the Commons Advisory Board.
Performers may accept voluntary donations but shall not base their performance upon payment
or aggressively solicit contributions.
Performers must not be under the influence of alcoholic beverages or controlled substances
while performing. Ithaca Police Officers may require performers to relocate or leave the
Commons area if they are creating a disturbance that negatively impacts the businesses or
residents in the area.
At the conclusion of a performance, the performer is responsible for removing any debris, trash,
or litter associated with the performance or audience.
Article III. Outdoor Dining
§157-21. Applications; rules of operation; permits; appeals.
A. The Superintendent or his/her designee shall review and consider outdoor dining applications
for food establishments on the Primary and Secondary Commons. No establishment shall be
permitted to use City property for outdoor dining purposes without an approved permit in place.
Applications shall include the following documentation:
(1) Certificate of general liability insurance in an amount to be determined based upon the nature
of the event, but in no case shall it be less than $1,000,000.00; it must also name the City of
Ithaca as an “Additional Insured”.
(2) Proof of worker's compensation insurance.
(3) If alcohol is to be served, additional liquor liability insurance is required in an amount to be
determined, but in no case shall it be less than $1,000,000.00. It must name the City of Ithaca as
an “Additional Insured”.
(4) Sketch of area, with dimensions. Show storefront, curb, dining area and other important items
(e.g., trees, fire hydrants, etc.).
(5) A use fee shall be submitted with the completed outdoor dining application and required
paperwork.
Approved at the
February 10, 2016 PEDC Meeting
B. Rules of operation.
(1) The dining area shall be adjacent to the business holding the agreement. On the Primary
Commons, the area may not extend out from the building more than 7 feet. The dining area shall
not impede pedestrian traffic flow, and shall not extend beyond the agreement holder's storefront
on the Commons.
(2) The dining area shall be physically defined. Establishments serving alcohol require approval
from Common Council through the City Clerk’s office.
(3) The business owner shall be completely responsible for all aspects of the area, including
cleanliness, trash, and stain removal.
(4) The outdoor dining season shall be from April 1 to March 31. Outdoor dining furniture may not
impede the City's efforts to remove debris, or snow and ice accumulations from the Commons.
(5) Outdoor dining applications must be submitted and approved annually.
(6) Furniture and fixtures, signs, and means used to define the dining area, will be allowed only
during the approved dining hours and within the sidewalk markings provided by the City.
Permittees shall be held responsible for the actions of their staff and customers.
(7) The area used is subject to periodic review by City staff.
(8) Any permittee who violates §157-21 B (6) regarding the placement of outdoor dining furniture
and fixtures shall receive a written warning for the first violation. The permittee shall be liable for
a civil penalty of $250 for the second violation in a twelve-month period, $500 for the third
violation in a twelve-month period, and $1,000 for the fourth and subsequent violations in a
twelve-month period. In lieu of a $1,000 fine, the permittee may agree to a temporary permit
revocation of seven consecutive days within the month the violation is served.
(9) The City reserves the right to require a security deposit if the site is not maintained free of
trash, litter, grease and stains. The business owner is responsible for removal of stains or
drippings in accordance with the guidelines for stain removal established by the Department of
Public Works. See also §157-18A. Maintenance Guidelines
(10) The City may terminate this agreement at any time without cause, in which case the
applicant shall be reimbursed for the period of time which would be remaining on the agreement
if the agreement were not terminated before expiration.
(11) The City may terminate this agreement for the following causes, including but not limited to:
(a) Violation of the guidelines and requirements listed above.
(b) Fraud, misrepresentation or false statements in the agreement application.
(c) Violation of any ordinances, regulations or laws applicable to the holder of such agreement.
(12) If the agreement is terminated for cause, the agreement period shall end immediately, and
no refunds will be issued. Notice of proposed suspension or revocation of an agreement for
outdoor dining shall be given in writing, setting forth specifically the grounds of the complaint. The
Approved at the
February 10, 2016 PEDC Meeting
applicant shall have a right to a hearing in front of the Commons Advisory Board on the proposed
revocation or suspension.
(13) The Commons Advisory Board shall have the right to terminate or re-instate the agreement.
Such decision shall become effective immediately.
(14) Any applicant whose agreement is revoked under this regulation may not reapply for another
agreement until the expiration of one year from the date of revocation.
(15) The applicant shall not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of actual or
perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or
citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
C. The Department of Public Works shall be authorized to issue permits to the Downtown Ithaca
Alliance for placement of tables and chairs for dining and leisure purposes on the Primary and
Secondary Commons during the warm weather season.
D. Appeals for denied agreements. Any person or group that has been denied an agreement for
outdoor dining on the Ithaca Commons may appeal such decision to the Commons Advisory
Board. Such appeal shall be submitted in writing to the Superintendent's office within 10 days
from the date of denial. The Commons Advisory Board may act to sustain the original decision or
to revise it, with or without conditions.
Article IV. Mobile Vending
§157-22 Mobile Vending Cart Regulations:
A. Types of vendors on the Commons:
(1) Food/beverage (non-alcohol only)/merchandise. Vendors selling food/beverages need to
check with the Tompkins County Health Department regarding their regulations.
(2) Non-food/merchandise for sale/services.
(3) See §157-28. Exceptions
B. Definition of Mobile Vending: selling food/beverage/merchandise/services from a wheeled
carrier that can move easily without the use of a vehicle or power source. Carts must be battery-
operated and completely self-contained as the City does not provide water or electric to the
vendors. The use of generators is prohibited.
C. Cart Construction Requirements: Vending carts are required and must be constructed in a
professional manner and using methods and techniques associated with good craftsmanship.
(1) Awnings, canopies, or umbrellas. Lowest edge six and one-half feet from the ground; flame
resistant or fire retardant canvas or simulated canvas with a peaked roof that may extend 18
inches beyond the side of the cart. Canopies and awnings must be fastened to all corners.
Umbrellas must be “windproof” using a standard metal umbrella holder with a locking devise
permanently attached to the cart.
(2) Box carts: carts that are shaped like a square or rectangular box, having a permanent roof,
four permanent sides and limited see-through ability- are not permitted.
Approved at the
February 10, 2016 PEDC Meeting
(3) Coolers (for food/beverage vendors only): Maximum of two coolers per cart vendor. Both
coolers are required to be stored on the same dolly. Each food vendor is required to have one
dolly. Coolers must be pressed up against cart or no more than 6” away from cart. All coolers
must be kept in a clean and sanitary condition free of dirt, grime, grease.
(4) Display Cases: Must be sturdy, in good repair, and attached to the cart (preferred). If not
attached, they must be heavy enough to withstand considerable winds or other natural elements.
(5) Fixtures: Good quality hinges, clasps, and other hardware must be secured firmly to the cart.
(6) Height: Maximum of eight feet (from pavement to highest point of the cart).
(7) Lighting: Lighting can be used for preparing and serving food and illuminating a menu.
Decorative lighting is not permitted unless approved by the Commons Advisory Board. Lighting
not approved by the Commons Advisory Board must be removed immediately.
(8) Making carts stationary: Mobile carts must be stationary in their locations. Locking wheels are
preferred. Wheel chocks may be used.
(9) Mats: Required for food/beverage vendors only. Clean solid, fire retardant tarp, minimum 12
square feet, in front of each food cart to capture spilled food/beverage and waste. No exception.
Staff may require additional mats as needed (under grill area for example). Mats should be rolled
up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of
any drippings or stains that occur at their location. Vendors must use the guidelines for stain
removal established by the Department of Public Works. See also §157-18A. Maintenance
Guidelines
(10) Maximum Cart Size: No larger than 32 square feet and of reasonable proportions.
(11) One structure only: Cannot use more than one structure per vendor location.
(12) See-through ability: Must be able to see through at least two sides of the cart at all times.
(13) Signage: Product brand names, related to products being sold, are permitted on umbrellas.
All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272 entitled
“Signs”.
(14) Tables: No free-standing tables. Built in, folding-down tables attached to the actual vendor
cart are acceptable, provided they have been approved by the Commons Advisory Board.
(15) Trash/Recycling receptacles: Each vendor must have a trash container with a lid and trash
bags must always be used. Vendor must also have a recycling container. The vendor must follow
the strict “carry in/carry out” policy of the City of Ithaca. Vendors may not use Commons trash
receptacles. Vendor may use the secure trash facility used by Commons businesses through the
purchase of an access key and authorized trash bags.
(16) Wheels: Minimum six inch diameter. Two large wheels and one small wheel are acceptable.
(17) Shopping carts are not allowed as part of the mobile vending space.
§157-23. Mobile Vending Locations.
The Commons Advisory Board is authorized to determine appropriate locations where vending
shall take place. The Superintendent's office shall maintain and make available to the public a
map of approved vending locations.
§157-24. Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts must be
removed from the Primary Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors
Approved at the
February 10, 2016 PEDC Meeting
who wish to operate outside regular hours must obtain permission from the Commons Advisory
Board.
§157-25. Agreements.
A. The Superintendent may issue agreements for mobile vending on the Primary Commons
pursuant to the Mobile Vending Map, which is approved by the Commons Advisory Board
annually. The Superintendent may refuse to issue an agreement:
(1) If there are no eligible vending sites available.
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement the previous vending
season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall be received
and considered by the Superintendent or his/her designee. Fees include, but may not be limited
to application fee, security deposit, and use fee. The fees have been established in accordance
with Chapter 170 of the City of Ithaca Municipal Code entitled “Use of Real City Property”
(2) A description of the type of merchandise, service, food or beverage menu to be offered for
sale.
(3) Price list of each item being sold.
(4) A description and photograph of the cart to be used.
(5) Proof that the applicant has complied with the established regulations of the Tompkins County
Health Department, Ithaca Fire Department and other appropriate state, federal and local laws
and regulations applicable to the vending business.
(6) A certificate of liability insurance in an amount to be determined but in no case shall it be less
than $1,000,000.00. It must also name the City of Ithaca as an “Additional Insured”.
(7) Proof of New York State Worker's Compensation and Disability insurance; or New York State
Worker's Compensation and Disability exemption certificate completed.
(8) Applicant shall demonstrate that they have a New York State sales tax certificate at all times
while they are vending.
(9) A written description of waste disposal plans for trash, water, grease, and other materials.
(10) Proof of 501(C)(3) designation, if applicable.
(11) The Superintendent may require additional information from the applicant if deemed
necessary.
(12) Whenever a name or address provided by the vendor on his or her agreement or application
changes, he or she shall notify the Superintendent within 10 days of the change.
Approved at the
February 10, 2016 PEDC Meeting
C. Mobile vending agreements. Upon receipt of a completed application and appropriate fees, the
Superintendent will prepare a mobile vending agreement between the vendor and the City of
Ithaca. The Superintendent’s office will maintain the original agreement on file in their office.
D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject
to periodic review, and the deposit will be refunded upon final site inspection by the Department
of Public Works at the end of the agreement period. Vendors must comply with guidelines for
stain removal established by the Department of Public Works. See also §157-18A. Maintenance
Guidelines. If grease or other stains are found at the vending site, the Department of Public
Works shall make arrangements with the vendor for clean up within a specified time period. If the
site is not cleaned up within that time period, the Department of Public Works will clean the site
and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will
be billed accordingly.
E. All fees are nonrefundable.
F. Requested site location. Sites are listed on the Commons Amenities Map obtained from the
office of the Superintendent of Public Works. Site preference consideration will first be given to
returning vendors, and then on a first-come basis. If two returning vendors request the same site,
the site will be awarded on a first-come, first-serve basis.
§157-26. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are
suspended or revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
(4) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of
negligence arising from the vendor's use of the Commons and shall be so duly insured.
B. The vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of actual or
perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or
citizenship status, marital status, national origin, race, religion, sexual orientation, socioeconomic
status, or weight.
§157-27. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their
equipment within their assigned site.
B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be
impeded because of vending operations.
Approved at the
February 10, 2016 PEDC Meeting
C. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the
Commons Advisory Board.
D. Vending carts must be attended at all times.
E. All carts and equipment must be removed from the vending site at the close of business each
day.
F. All vendors must maintain the submitted list of items for sale and prices throughout the
agreement period unless special permission is granted by the Superintendent or the Commons
Advisory Board.
G. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be
vented, filtered or disposed of in a comparable manner so as to reasonably prevent the release of
odor or particulate matter into the surrounding environment.
H. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for
trash and litter, and be responsible for the appropriate removal and disposal thereof. No dumping
is allowed in City trash cans, grates, storm sewers, or other areas.
I. Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from
paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their
cart. If spills do occur, the vendor is responsible for using the guidelines for proper removal of
stains established by the Department of Public Works. See also §157-18A. Maintenance
Guidelines
J. No music, amplified sound, or repetitive noise that can be heard outside of the vending site
may be played by the vendor.
K. If a vending site remains vacant for three consecutive weeks without notification to the
Superintendent's office, it will be considered abandoned and re-assigned, with no refunds issued.
L. The City reserves the right to move vendors for necessary maintenance and repairs on the
Commons.
M. The City does not provide water or electric service to mobile vendors.
N. All vendors shall cooperate with staff members of City of Ithaca and the Downtown Ithaca
Alliance.
§157-28. Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in which case
the vendor shall be reimbursed for the period of time that would be remaining on the agreement if
the agreement were not terminated before expiration.
B. If the agreement is terminated for cause, the agreement period shall end immediately, and no
refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile
vending shall be given in writing, setting forth specifically the grounds of the complaint. The
vendor shall have a right to a hearing on the proposed revocation or suspension before t he
Commons Advisory Board no sooner than ten (10) days after requesting such a hearing, in
writing. Grounds for termination include, but are not limited to:
Approved at the
February 10, 2016 PEDC Meeting
(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of
merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an
agreement.
(5) Conduct of the business permitted in an unlawful manner or in such a way as to constitute a
menace to the health and safety of the public.
C. The Commons Advisory Board shall have the right to terminate or reinstate the agreement.
Such decision shall become effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply for another
agreement until the expiration of one year from the date of revocation.
§157-29. Ithaca Festival and other events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts
granted pursuant to this chapter shall include days on which it is expected that the Ithaca Festival
or other events sponsored by the Downtown Ithaca Alliance will take place on the Commons. A
listing of these events and dates shall be maintained by the City. The vendor will be required to
make application to the event coordinator and pay any additional fees as required. Vendors may
be relocated from their assigned spot during the event, at the discretion of the event coordinator.
Vendors must follow the rules of each event. Vendors interested in vending during special
events should contact the Downtown Ithaca Alliance, Ithaca Festival offices, or other event
coordinator for information regarding vending requirements for those special events.
§157-30. Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the status of a
United States Armed Forces Veteran pursuant to §32 of the General Business Law, to the extent
legally permitted, shall be required to abide by all regulations except those concerning fees.
§157-31. Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons may appeal
such decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the
Superintendent's office within ten (10) days from the date of denial. The Commons Advisory
Board may act to sustain the original decision or to revise it, with or without conditions.
Article V. Exceptions; Penalties
§ 157-32. Limited waivers and exceptions.
The Commons Advisory Board is authorized to grant limited waivers and exceptions to the
provisions of this chapter, as appropriate and for temporary periods not to exceed one week in
duration. Such waivers and exceptions shall be subject to any appropriate review by the
Superintendent of Public Works or his/her designee, the Fire Department or the Police
Department.
§157-33. Applicability of other ordinances.
Approved at the
February 10, 2016 PEDC Meeting
Except as otherwise provided in this chapter, all existing ordinances of the City of Ithaca shall
apply to the Ithaca Commons.
§157-34. Penalties for offenses.
Except as otherwise provided, any violation of the provisions of this law shall be punishable as a
civil offense in accordance with §1-1, of the City of Ithaca Municipal Code.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that
decision shall not affect the validity of the remaining portions of this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in accordance with
law upon publication of notices as provided in the Ithaca City Charter.
Approved at the
February 10, 2016 PEDC Meeting
b) Changes to Exterior Property Maintenance Ordinance
If you’ve signed up for the email notification service, you will receive a notice of
the violation. You get a 24 hour time frame to correct it. Mike Niechwiadowicz
was asked whether different types of violations receive another 24 hour notice.
He would like to see it for each type of violation, not the violation. The cumulative
violations will be tracked separately. It was the agreement of the committee the
violations will be handled by type of violation.
Alderperson Brock moved the ordinance with the suggested amendments she
read for the group; seconded by Alderperson Nguyen. She also included a
second whereas and corrected the word ‘sight’ to ‘site’ under amendments to
Section 178-3.
It was also suggested that the garbage can lid violation be reduced from $20 to
$10.
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
ORDINANCE __-2016
An Ordinance Revising Chapter 178 of the City of Ithaca Municipal Code
WHEREAS, Chapter 178 of the City of Ithaca Municipal Code establishes Exterior Property Maintenance
requirements for properties throughout the City, and;
WHEREAS, THE City of Ithaca recognizes and affirms that clear and accessible sidewalks are a
priority for the City as a matter of protecting our citizen’s civil rights to effectively use the sidewalk
and pedestrian infrastructure with the City, and;
WHEREAS, the Common Council desires to adjust the schedule of civil penalties applicable to violations of
this chapter, along with certain time periods by which some violations are defined, and;
WHEREAS, the Rental Housing Advisory Commission has proposed recommendations to Common
Council to lower the civil penalties and address the issue of lids missing from garbage containers; now
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that the public will be better served by a lower
schedule of civil penalties applicable to violations of this chapter, including taking account of the minor
nature of violations comprised only of lids missing from garbage containers.
Approved at the
February 10, 2016 PEDC Meeting
Section 2. Amendments to Section 178-3.
Paragraphs A and B of Section 178-3 shall be amended as follows:
A. All grounds on the exterior of the premise and all porch areas are kept free from solid waste and
any litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the grounds,
bushes, or in trees, and allowed to remain on the grounds, bush es, or in trees for 4824 hours, is
removed.
B. All garbage, when stored outside, or when stored in a porch area, is completely contained in
nonabsorbent, watertight, durable containers having a tight -fitting lid in place. Plastic bags are not
considered durable containers. Strong, waterproof plastic bags may be used to place garbage at
the curbside on the evening before scheduled collections or may be taken to an approved refuse
disposal sight site. Garbage containers, whether they contain garbage or not, sha ll have a tight-
fitting lid in place at all times. Tight-fitting lids shall be placed back on all garbage containers as
soon as possible after garbage collection and, in any event, on the same day as collection. Any
garbage remaining after scheduled pickup must be removed from curbside as soon as possible
after garbage collection and, in any event, on the same day as collection. Garbage containers shall
not be stored in front yards or any other yards that have frontage on a public street unless all yards
on the property have frontage on public streets. Prohibited storage areas include the area between
the sidewalk and curb. Composting materials, so long as they are maintained as defined by this
section, shall not be considered garbage. It is presumed that th e contents of any garbage bag or
plastic bag or garbage can is garbage. For purposes of this paragraph, “stored” shall mean
located in a general vicinity for at least 24 hours.
Section 3. Amendments to Section 178-10.
Subparagraphs A(1) and A(2) of Section 178-10 shall be amended as follows:
A(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 $10 for the first violation at a property within a six-month period, $50 for
a second violation at the same property within a six -month period, $200 for a third violation at the
same property within a six-month period, and $100$300 for a third fourth or subsequent violation
at the same property within a six-month period. For any fine not paid within six months of the date
of the offense, there shall be a late penalty in the amount of 20% of the fine added to the amount
due, such late penalty waivable for good cause shown.
A(2). Any property owner and/or agent who violates any provision of § 178-3 (B)
solely insofar as to fail to have a tight-fitting lid in place on garbage containers E, 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 $10 $20$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 for each such violation. Any property owner and /or agent
who violates §178-3(G). (I) or (J) regarding obstruction and /or safety of walkways shall be liable
for a civil penalty for $40 for the first violation at a property within a twelve-month period, $60 for a
second violations at the same property within a twelve -month period, and $100 for a third or
subsequent violation at the same at the same property within a twelve-month period.
Section 4. Severability. Severability is intended throughout and within the provisions of this Ordinance. If
any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the
remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall take effect immediately upon publication as provided for in
the City Charter.
Formatted: Strikethrough
Approved at the
February 10, 2016 PEDC Meeting
c) Discontinuance of portions of Lake Avenue and Adams Street
Proposed Resolution Concurring with the Board of Public Work’s Determination
to Discontinue the Northern Portion of Lake Avenue and Eastern Portion of
Adams Street
Moved by Alderperson Kerslick; seconded by Alderperson Martell. Passed
unanimously.
WHEREAS, presently before Common Council is the Board of Public Works’ January
11, 2016 resolution to discontinue the northern section of Lake Avenue and eastern
section of Adams Street, which the Board referred to Common Council for direction and
review of the discontinuance, and
WHEREAS, the proposed discontinuance involves portions of Lake Avenue and Adams
Street, which collectively are referred to as the “Street Parcels” and are more
particularly described as follows:
That portion of Lake Avenue commencing at the western corner of Lake Avenue and
Hancock Street, running northeast approximately 37 feet, then 393 feet to the northwest
to meet the eastern corner of Lake Ave and Adams
Street, then 173 feet to the southwest to meet the eastern curb face line of Alice Miller
Way, then southeast approximately 73 feet, then northeast approximately
167.5 feet, and then southeast approximately 327 feet to the beginning, and
WHEREAS, the portions of the above-described streets to be discontinued are depicted
on the survey map titled “No. 210 Hancock Street and No. 423 First Street”, prepared by
Darrin A. Brock, L.S. of T.G. Miller P.C. on August 12, 2015, which is hereby
incorporated by reference, and
WHEREAS, upon the discontinuance of the above-described Street Parcels, they will be
used for green space, pedestrian and bicycle space, and a playground, which shall be
open and accessible to the public, in accordance with the approved Site Plan dated
August 25, 2015 and the Agreement executed between Ithaca Neighborhood Housing
Services (INHS) and the City on September 4, 2015, and
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority
“to lay out, establish, construct, maintain, operate, alter and discontinue streets;” and
WHEREAS, City Charter Section C-71 grants the Board of Public Works the authority to
“lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle
the streets, highways, bridges and crosswalks,” and Charter Section C-61 provides that
the Board shall “have control” of the City department pertaining to “Streets and
Approved at the
February 10, 2016 PEDC Meeting
Sidewalks” and its property, albeit “subject to the limitations herein contained and the
direction and review of the Common Council,” and
WHEREAS, to the extent that the Planning and Development Board of the City is
required to have an opportunity to comment upon the proposed discontinuance of a City
street, such opportunity was provided in this case, and such comments were provided in
a memorandum dated November 30, 2015 supporting the proposed discontinuance;
and
WHEREAS, the public hearing required to be conducted before a street is discontinued
was conducted on November 9, 2015, at which hearing no comments were made by
members of the public; and
WHEREAS, environmental review of the proposed discontinuance has been completed
by Board of Public Works acting as lead agency for purposes of specifically assessing
the environmental impact of the discontinuance on the Street Parcels, in which the
Board reviewed the Planning Board’s Full Environmental Assessment Form dated May
4, 2015 and the Planning Board’s SEQR record, and on November 9, 2015
independently adopted the findings contained in the May 26, 2015 negative declaration
of environmental significance issued by the Planning Board; and
WHEREAS, at its meeting of January 11, 2016, the Board of Public Works, upon due
consideration of the impacts of discontinuance of the Street Parcels on the immediate
community and the City as a whole and pursuant to the authority vested in it by the
Charter of the City of Ithaca, voted to discontinue the Street Parcels as City streets; now
therefore be it
RESOLVED, that the Common Council hereby concurs with the determinations of the
Board of Public Works in its January 11, 2016 resolution, namely:
7) That discontinuance of the Street Parcels will not negatively impact
the immediate surrounding community or the City.
8) That the Board appropriately found that the Street Parcels were “useless”
as City streets, as that term is defined in State law; and
9) That the proposed discontinuance, and the corresponding agreement
executed with INHS, will result in the beneficial development of a landscaped
pedestrian and bike way along Cascadilla Creek and playground accessible
to the public, installed without cost to taxpayers, and will lessen the workload
for the Department of Public Works as a result of INHS’ commitment to
maintain the discontinued Street Parcels and avoiding the need to
reconstruct or repair either portion of the discontinued Street Parcels; and be
it further
RESOLVED, that upon Common Council’s authority under Charter Section C-61 to
direct and review the Board of Public Work’s discontinuance of any City street, Common
Council concurs in, and does not object to, the Board’s determination to discontinue;
and be it further
RESOLVED, that Common Council opts at this time not to establish an official City map,
and thus waives its jurisdiction to amend the same pursuant to General City Law 29.
The City will continue to maintain these streets.
d) Changes to Taxicab Ordinance
Moved by Alderperson Brock; seconded by Alderperson Kerslick.
Passed unanimously.
Alderperson Brock asked whether there is any repercussion if a taxi cab refuses
to pick up a fare.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code
entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are
hereby amended to read as follows:
§ 232-57. Taxicab Driver's license required; qualifications.
No person shall operate or drive a taxicab without having in force and effect a taxicab
driver's license in accordance with the provisions of this article. No person shall be
issued a taxicab driver's license unless such person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of
mind or body which renders the applicant incapable or unfit to safely operate a taxicab.
Each applicant shall produce a physician's medical certificate signed by a licensed
physician, physician's assistant, or nurse practitioner dated not more than 30 days prior
to the application certifying that the applicant is physically qualified to operate a motor
vehicle.
D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the
use of drugs.
E. Meets the standards embodied in Article 23-A of the New York Correction Law if he
or she has previously been convicted of one or more criminal offenses. Shall not have
been convicted of a felony involving violence, dishonesty, deceit or indecency nor any
sexual offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to
alcohol or drugs while operating a taxicab.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs for five years from the date of
conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs.
§ 232-58. Application for taxicab driver's license; investigation and refusal.
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of
safety, health and welfare. Such information that is required by the Chief of Police shall
include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant
for a taxicab driver's license shall be cause for refusing the license or revoking the
license after it is issued, and any such false statement shall be promptly reported by the
Chief of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his/her application two unmounted, unretouched, good-likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less
than 1 3/4 inches high, with the balance in normal prospective proportion. The
photograph shall be taken within 30 days of the date of the application by me ans of a
permanent, nonfading process. The applicant shall be hatless in the photograph. A copy
of the photograph shall be filed with the application and another copy attached to the
license to be issued hereunder. If the applicant does not have the means to produce
such photograph, the Ithaca Police Department will make arrangements to have the
photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three
years. The criminal history report that is returned with the fingerprints shall be
submitted to the Ithaca Police Department as part of accompany the application. which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation except as
required by law.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no licens e
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the
opinion of the Chief of Police, the applicant shall be refused a license, subject to the
provisions hereof for hearings.
§ 232-64. Taxicab licensing procedures.
A. Taxicab license application. Application for taxicab licenses shall be made by the
owner of each business on forms to be furnished by the Chief of Police. The completed
application shall contain:
(1) Owner information: the name, date of birth, address, telephone number and record
of all convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to
operate a taxicab in the City or elsewhere and, if so, the particulars thereto.
(3) Vehicle information required for each operating taxicab: the make of the motor
vehicle, the year, the engine and body serial number, the state registration number, the
length of time and mileage that the vehicle has been driven and the seating capacity
according to its trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the
license application shall be submitted by the applicant for each vehicle in operation. In
addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure
that the interior and exterior of the each vehicle is maintained in a clean and sanitary
condition, and that the signage requirements of this article are complied with, and
reinspection of said each vehicle may be made from time to time by the Chief of Police
or his/her designee. Each vehicle shall be submitted to a New York State inspection
annually at least once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of
$25,000 per person and $50,000 per accident for personal injuries, and $10,000 per
accident for property damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum
amounts as specified by the City, which such minimum levels shall be updated from
time to time, and shall be available for review on the City's website and/or in person at
the Ithaca Police Department.
B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New
York State Department of Motor Vehicles for use as a taxicab.
C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
D. Issuance of license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to
issue a taxicab license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That each and every applicant, as specified in subsection A(1) of this section, meets
the standards embodied in Article 23-A of the New York Correction Law if he or she has
previously been convicted of one or more criminal offenses.
(d) That there are no other grounds for refusal. In this regard, the license may be
refused for any reason which, in the opinion of the Chief of Police, may be detrimental
to the best interest of the general public both in welfare and safety, provided that, in the
making of such determination, the Chief of Police shall set forth specific reasons for
such disapproval. Such findings shall be subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless
sooner revoked.
E. Renewal of taxicab license. The same procedures shall be followed as for original
applications. Every person to whom an owner's license is issued shall have the right to
renew said license within 30 days of the expiration date, provided that the other
requirements of this article are complied with.
§ 232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab license may be revoked or suspended at any time at the
discretion of the Chief of Police if the a vehicle is used for criminal business or purposes
or if the licensed owner is convicted of a violation of this article.
B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same
shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same
shall be surrendered to the Chief of Police and retained by him/her until the suspension
period expires.
C. Automatic revocation. In the event that any person to whom a taxicab license is
issued has such license suspended on three occasions, such owner's license shall be
revoked. [Deleted and reserved for future use.]
§ 232-70. Taxicab rates.
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rate Schedules,
City of Ithaca," which said map and schedules, appended here with, are hereby
declared to be a part of this article.[1] Schedule A therein depicts the base zone
charges, for one passenger, for a trip between the designated zones. Schedule B
depicts the fuel cost recovery surcharge which may be added to the applicable
base zone charge, as set forth in Subsection B below.
A. The rate for taxicab fares that originate and terminate within the City of I thaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for taxicab fares that originate and terminate within the City of Ithaca
between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may
be charged by the owners or drivers of taxicabs for the transportation of a
passenger within the City shall not exceed the cumulative, applicable amounts .
shown on said map and schedules, or, for additional passengers, as shown on
said schedules and as set forth in Subsection C below. At least once every three
years, during the month of April, the amounts shown on said map and schedules
shall be reviewed by Common Council to determine if the rate schedule in force
at the time remains appropriate.
Taxicab rates shall be reviewed by Common Council at the request of an owner
of a licensed taxicab company but not more than once every calendar year.
The following notice shall be conspicuously posted in full view of passengers:
"Rate maps and schedules for fares that originate in the City of Ithaca, together
with the full text of the city's rate law and a copy of the most recent applicable
fuel surcharge confirmation, are available upon request from the driver of this
taxicab, according to City ordinance."
B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard
fares that originate within the City but terminate outside of the City shall be as
follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $12.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base
zone charge for a taxicab passenger, subject to the following. This surcharge is
based on the following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is
deemed to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery
surcharge at each level of current gasoline prices is included in Schedule B of the
aforementioned Taxicab Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall
initially be determined as of October 1, 2006, and shall be determined and adjusted as
of January 1, April 1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the
surcharge shall be based upon the average, regular conventional retail gasoline price
per gallon in New York State, as reported by the U.S. Department of Energy, Energy
Information Administration (or its successor agency), for the date which is 10 days
before each of the effective dates set forth immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the
Controller of the City of Ithaca, at least five days before each of the effective dates set
forth above, which confirmation shall be made available by that time at City Hall and on
the City of Ithaca’s internet website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in ef fect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger,
prior to collection of the fare.
C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between
two zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by
an adult passenger. No driver shall be required to convey any child under the
age of five years unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount.
of $1.15 in regulated fares.
Additional passengers. A taxicab driver may charge $01.50 fare for each
additional passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per
passenger for each trip commencing or terminating between 8:00 p.m. and 5:00
a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by
two feet by six inches in size, and one travel bag for each passenger. A charge of
$1 for each oversized or additional piece of luggage under 25 pounds shall be
authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be
authorized. Each passenger shall be allowed to carry up to five papers or 10
plastic grocery bags at no charge. A charge of $0.25 for each additional grocery
bag shall be authorized. A $3.00 surcharge will be charged for oversized
luggage and trunks that weigh 50 pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges
other than those authorized by this article. However, non -solicited voluntary
tipping is permitted.
Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating
or terminating in the City of Ithaca, the taxicab driver shall agree with the
passenger prior to the commencement of the trip for the rate to be charged,
which shall include all tolls required to be paid.
Prepayment. A taxicab driver shall have the right to demand payment of the legal
fare in advance and may refuse employment unless so prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger
first employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch
when arranging for transportation. If a passenger is not willing to share a ride
with others, a $3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab, there shall be no charge for up
to five minutes during which the taxicab waits for the passenger at the
passenger's request. There shall be a charge of $2.50 for each additional five
minutes or any portion thereof. The taxicab driver shall inform the passenger of
the charge for waiting time at the time of request.
Disputed fares. In the event that there is a dispute between the taxicab driver and
a passenger with respect to a fare, the taxicab driver shall submit the dispute to
the desk officer in charge at police headquarters notify a police dispatcher so that
a police officer can respond to help mediate the dispute. If the passenger then
makes payment according to the amount determined by said police officer, the
passenger shall be given a receipt by the taxicab driver of the amount paid,
which shall be witnessed by the police officer. If the passenger pays under
protest, such fact shall be recorded by the desk police officer, who shall make a
memorandum of the dispute and the disposition made. The disposition of the
dispute shall not be binding in a court.
Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by
the City Clerk, and shall instruct their drivers to apply the rules fairly and
consistently, advising them that charges must not be exceeded under any
circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline
prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge
may be implemented by Common Council. This surcharge will be added to the
base fare.
§ 232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or
taxicab license and may refuse to approve an application or a renewal thereof for any of
the following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a
taxicab license was the former holder or was an officer, director, partner or stockholder
in a corporation or a partnership which was the former holder of a taxicab license which
had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit
to be a licensee in the best interest of the public welfare and safety.
(4) If the vehicle is used for criminal business or purposes, the licensee is convicted
of a violation of this article, or the licensee is convicted of a criminal offense such that
he or she fails to meet the standards as embodied in Article 23-A of the New York
Correction Law.
(5) In the event that any licensee has such license suspended on three occasions,
the license shall be revoked automatically.
B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the
Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police
and retained by him/her until the suspension period expires.
C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or
revoked or who has had a renewal refused or any individual to whom an initial license
has been refused shall be granted a hearing before the Community Police Board within
30 days after written request therefor has been made to the Chief of Police. At the
hearing, such person shall have an opportunity to rebut by evidence or testimony such
suspension, revocation or refusal. The Community Police Board is authorized to affirm,
reverse or modify in any respect the action of the Chief of Police.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
e) Changes to community Investment Incentive Tax Abatement Program
(CIITAP)
Moved by Alderperson Nguyen; seconded by Alderperson Kerslick. To add #7
to the existing CIITAP application. Passed Unanimously.
Alderperson Brock recommended that a fund be set up for those involved in
the program and the City to decide how much money goes to help areas in
the City that need
been created [figures based on a memo from Economic planner
Jennifer Kusznir to the City Planning and Economic Development
Committee, December 4, 2014], and with several more similar projects
pending, and
10) Whereas there appear to be no metrics or goals to determine when the
CIITAP program is deemed successful or when it could be eliminated but
that the reasons for the policy as outlined above appear to be fully met,
and
11) Whereas the trend for American downtowns to once again become a
preferred living, shopping, and visiting space is already well under way in
Ithaca, as stated, for example, by Jan deRoos, a hotel siting expert at
Cornell’s School of Hotel Administration and former member of the City’s
Board of Zoning Appeals. deRoos has concluded that downtown Ithaca is an
“established destination,” stating “Building on green space doesn’t work
anymore…Travelers want to be able to walk out of their hotel and have a
selection of restaurants and shops right there…Ithaca is the poster child for
this kind of thing,” and
12) Whereas CIITAP-based abatements may have brought more
development and a larger tax base to downtown Ithaca, the projects only
occasionally bring sustainability initiatives, affordable housing, and local
business promotion and more and more frequently are met by strong
public opposition due to the type of development, construction
impediments, parking and traffic concerns, and other community impacts;
now therefore be it
Resolved that the Common Council should:
1. Declare that CIITAP’s original objectives have been met.
2. Recognize that a vibrant local economy is characterized not only by a
strong tax base, creative events, and influx of outsider spending, but
also by sustainable environmental practices and opportunities for local
residents to find good-paying jobs and affordable housing.
3. Revise CIITAP’s objectives and abatement recommendations to focus
specifically on development of permanently affordable rental housing
and affordable or mid-range owner-occupied housing for long-term
community residents that is:
i. well insulated and sourced by renewable energy,
ii. consistent with the size, scale, and locations recommended in
the Comprehensive Plan, and
iii. built by a diverse workforce including at least 80% local labor
who are paid a living wage.
4. Develop city-wide policies such as inclusionary zoning, enhanced building
codes, or other initiatives that will help to achieve the following goals
without the need for tax abatements:
i. development of energy-efficient, renewable energy-sourced
affordable housing,
ii. hiring of diverse local labor, and
iii. payment of a living wage.
5. Develop specific criteria to determine benchmarks for success of the
revised CIITAP program, and evaluate and report on the progress of the
program annually.
6. Terminate the revised CIITAP program as soon as possible and in no case
later than 5 years from November 2015.
5) Action Items (Voting to Circulate)
a) Temporary Mandatory Planned Unit Development for the Waterfront
Alderperson Brock suggested including both sides of Fulton Street in this zone.
Chair Murtagh is fine with the map as it is.
Jennifer Kusznir suggested since this PUD is geared toward the Comprehensive Plan,
she will look at the boundaries.
Alderperson Martell moved to circulate with the revised map; seconded by Alderperson
Kerslick. Carried unanimously. This will come back in February with a public hearing.
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City does hereby establish a Temporary Mandatory Planned Unit Development
(TMPUD) District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code is hereby amended to add
the following section:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81-f.
B. Purpose and Intent.
A Temporary Mandatory Planned Unit Development District (TMPUD) is
hereby established, for a period up to 18 months from the effective date of
this ordinance, it being the intent of the Common Council that during that time
the City will adopt land use regulations to implement a waterfront plan, the
adoption of which regulations shall repeal this ordinance, or shall amend this
ordinance to render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with
transitional oversight for potential development projects in order to ensure
that development in the waterfront study area supports the goals of the City’s
Comprehensive Plan, which may differ from the pre-existing zoning in this
area. This is intended to allow the Common Council a reasonable period of
time in which to establish a plan for the waterfront study area and to adopt
compatible zoning standards.
Under this ordinance, the Common Council intends to employ the
recommendations established in the Comprehensive Plan when determining
whether to approve a proposed development in the waterfront study area.
The TMPUD will mandatorily apply to proposals for new construction or for
development proposals that will change an existing building footprint by more
than 50%, but shall not apply to any other construction or development, which
shall remain subject to otherwise-applicable zoning ordinance.
C. Background.
1. In September of 2015, the Common Council adopted Plan Ithaca, as Phase I of
the City of Ithaca’s Comprehensive Plan. This plan identifies the desired
future land uses in the City, as well as areas where development is
anticipated and encouraged, identifying community goals and
recommendations for achieving these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan Committee
submitted a written recommendation to the City that included developing a
plan for the waterfront as a priority for the next phase of the City’s
Comprehensive Plan.
3. In November of 2015, the Planning and Economic Development Committee of
the Common Council directed Planning Staff to begin working on a waterfront
development plan as a part of the next phase for the Comprehensive Plan.
The existing developable land along the City’s waterfront is currently zoned
WF-1, WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed
Use area as the creation of a mixed use district, including commercial, and
housing, with an emphasis on uses that create an active waterfront
environment.
The City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront. Pedestrian and
bicycle connections should be improved, particularly to adjacent mixed use
areas. Developable space in the waterfront area is at a premium and reducing
the impacts of parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will
be determined by the Waterfront Development Plan currently being
undertaken.
4. In 2014, the City adopted a floating PUD that could be used in any I -1 Zoning
District. A PUD allows for flexibility in planning and design, while through the
process of review and discussion, ensures efficient investment in
development that, among others, forwards a City’s comprehensive plan.
Because the zoning in this area is in transition, the temporary mandatory PUD
will enable development to continue during the crafting of new land use
regulations, subject to Common Council’s oversight.
D. Effective Period.
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
E. Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or
total floor space of an existing building by 50% or more will be subject to
the TMPUD under this ordinance, and—absent compliance with the
TMPUD—shall not be entitled to proceed in reliance on pre-existing land
use regulations, which absent the TMPUD might or would have enabled
their construction. Any changes to existing structures that do not enlarge
the footprint or total floor space of an existing building by 50% are not
subject to the TMPUD and remain subject to the pre-existing underlying
zoning.
2. The TMPUD shall be located in the waterfront study area, whose
boundaries can be seen on the map entitled Proposed Waterfront Study
Area-dated 12/9/2015.
F. Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common
Council may pursuant to TMPUD application authorize, including Council’s
consideration and potential authorization of development restrictions such
as yard size, height restriction, building coverage, and lot size,. In
addition, the Common Council may impose any conditions or limitations
that are determined to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, requiring acoustical or
visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the
development.
G. Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building
permit shall be issued for a building or structure within the TMPUD , and no
existing building, structure, or use in the TMPUD shall be changed, unless
the proposed building and/or use is in accordance with a site plan
approved pursuant to the provisions of Chapter 276 of the City of Ithaca
Code.
H. Criteria.
Common Council will consider an application for any development within
the TMPUD on the following criteria, among others:
1. Is the project in accordance with the City Comprehensive Plan, which
specifically lists the following:
Promoting mixed use development, including commercial
and housing
Emphasizing waterfront activities
Reducing impacts of parking
Providing for additional employment opportunities
Promoting public access to the waterfront
Enhancing and preserving any environmentally sensitive
areas
I. Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the
application process established in Subsection 12(G) of this Chapter,
without regard therein to any references to underlying zoning or alternate
processes.
J. Additional Requirements.
For any new construction in the TMPUD, the Common Council may
impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, and requiring bonds or
other assurances of completion of any infrastructure to be built as part of
the development.
K. Expiration.
A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the
PUD will automatically be revoked, unless otherwise stated by the
Common Council. In the case of extenuating circumstances the developer
may apply to the Common Council for an extension of PUD approval. If
the site plan changes significantly, said significance as determined by the
Director of Planning and Development, it may require re-consideration by
the Common Council. The Director of Planning and Development may
determine that the changes are minor and do not require re-approval.
L. Exemptions.
Construction, alterations or demolition authorized by building permits which
were issued on or before the effective date of this Section shall be exempt
from the provisions of this TMPUD.
Section 2.
Supersession.
This Section 325-13 is intended to supersede any provision of the City Code insofar as
said provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability.
If any section, subsection, sentence, clause, phrase or portion of this Section 325-13 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, and shall expire 18 months after the
effective date, except as to any application for any development within the TMPUD that is
filed under this ordinance prior to its expiration and not thereafter withdrawn by the
applicant.
b) Proposal to Reduce Cell Tower Fall Zone
Alderperson Brock moved to circulate; Alderperson Nguyen seconded
it. Carried 4-1.
MEMORANDUM
TO: Planning and Economic Development Committee of Common Council
FROM: JoAnn Cornish, Director of Planning and Development
DATE: December 30, 2015
SUBJECT: Request to Revise City Zoning Ordinance, Article VA, “Telecommunications
Facilities and Services” to Lower the Required Fall Zone
The City has received a request to consider revising City Zoning Ordinance, Article VA,
“Telecommunications Facilities and Services” (hereafter referred to as “TCO”), Section 325-
29.9. A. (1) concerns the fall zone setback requirements for Tier III telecommunications facilities
and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is
where: “No habitable structure or outdoor area where people congregate shall be within a fall
zone of two times the height of the PWSF [personal wireless service facility] or its mount.”
Specifically, the request is in regard to the existing telecommunications tower located at 815
South Aurora Street in the City of Ithaca. The tower is on a 2.5-acre parcel and has an estimated
height of 170 feet. In accordance with the existing ordinance, this would require any
development to be outside a radius of 340 feet from the base of the tower. The request is to
reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually
fall based on two engineering reports submitted to the city, (available upon request) which state
that in the worst situation, if all three-guy wires supporting the tower fail, the tower’s fall will be
equal to the tower’s height, or 170 feet and that a debris field may extend beyond the collapsed
tower an additional 10-15 feet.
The City of Ithaca adopted its Telecommunications Services and Facilities Ordinance (TCO) in
2002, carefully avoiding any violation of Federal law. The FCC imposed limitations on
communities so that local governments could not prohibit cell towers from within their
municipalities. The City based the fall zone requirement on its authority to adopt laws that
protect the safety and welfare of its citizens as well as to protect the natural features and aesthetic
character of the City.
The required falI zone was determined, in part, to insure that cell towers were not placed in the
City’s valley or “flats” as we commonly describe our downtown. Several locations were
proposed by various carriers that included Cass Park, Stewart Park, Newman Golf Course, the
NYSDOT site, and Inlet Island. Essentially, with a fall zone requirement of twice the height of
the tower, there are very few places in the city where a cell tower could be sited. If the fall zone
is reduced, it may allow for more towers to be built in the city but it will also allow projects on
land where previously the fall zone prohibited development.
If you feel this proposal is worthy of further consideration, I will distribute this concept memo
for comment, and further discussion by the Planning Committee at the February 9, 2016,
meeting.
6) Review and Approval of Minutes
a) December 2015
Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed
unanimously.
7) Adjournment
Moved by Alderperson Kerslick; seconded by Alderperson Martell. All agreed to
adjourn at 9:15 p.m.