HomeMy WebLinkAboutMN-GOV-2004-01-26 I
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GOVERNANCE COMMITTEE
Monday, January 26, 2004
7:00 P.M.
Common Council Chambers
AGENDA
1. Meeting Called to Order
2. Approval of Minutes
3. Review Agenda
4. Public Comment
5. Response to Public by Committee members
6. Announcements and Reports from Committee members
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Questions or comments regarding items on the agenda are to be directed to
Pamela Mackesey, Chair at 273-6203. For special accommodations, please contact the
City Clerk's Office at 274-6570.
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WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons ) t'1(;�: ,}�t 2
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IT NOW ORDAINED AND ENACTED j, Chapter 210 of the City of ,cot W
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Ithaca Municipal Code entitled"Housing Standards is hereby amended as follows:-
Stn 1.
§ 210-43. Certificate of compliance.
A. All rental units, except dwellings occupied by 10 or more unrelated persons, shall be
required to hold a valid certificate of compliance. Such certificate shall be valid for a
period of not more than five years. Before the expiration of the certificate, it shall be the
responsibility of the owner of the rental property to schedule a housing inspection with
the Building Department in order to obtain a new certificate of compliance. Rental units
with 10 or more unrelated persons shall also be required to hold a valid certificate. This
certificate of compliance shall be valid for a period of not more than two years. Prior to
the expiration of the certificate, it shall be the responsibility of the owner of the rental
property to schedule a housing inspection with the Building Department in order to
obtain a new certificate of compliance.
B. 1. No certificate of compliance can be issued to any rental unit that is in violation of
any applicable City or state code.
2. No certificate of compliance can be issued to any rental unit located on a property for
which there is an outstanding warrant for a violation of any section of chapter 178.
Proposed new language is underlined;language to be deleted is stsfuelabreugh
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Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Proposed new language is underlined;language to be deleted is stfuekthreugh
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WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective laws
require amendment in order to enhance the welfare and safety of city residents and to grant city
residents better quality of life, n(.`c.:�;A- U
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BE IT NOW ORDAINED AND ENACTED that Chapter 128 of the City of Ithaca
Municipal Code entitled"Alcoholic Beverages"is hereby amended as follows:x-
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§ 128-1. Findings and purpose.
A. The Common Council finds that the unrestricted consumption of alcoholic beverages in
certain public places often leads to disorders and related problems as well as the littering of such
public place and the development of unsanitary conditions and is disturbing to the public and
threatens peace and good order.
B. The purpose of this article is to prohibit the consumption of alcoholic beverages in certain
public places in order to prevent disorderly behavior, the development of unsanitary conditions
and the littering of public places and to protect the public health, safety and welfare and to
promote the public good.
C. The Legislature of the State of New York has determined that, since the New York State
drinking age is 21, underage persons should be held responsible for their conduct and be
prohibited from possessing alcoholic beverages in public. The consumption of alcoholic
beverages in public places by persons under the legal drinking age is an aggravating factor.
§ 128-2. Definitions.
For the purpose of this article, the following terms shall have the meanings ascribed to them. All
other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE -- Includes alcohol, spirits, liquor, wine, beer and every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by
a human being.
CONTAINER--Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
Proposed new language is underlined; language to be deleted is struck 1
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PUBLIC PLACE -- Any public highway, pedestrian mall, street, sidewalk, park, playground,
parking area, municipal parking ramp and the Six Mile Creek watershed area.
§ 128-3. Public consumption prohibited.
No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine, beer or
other alcoholic beverages while such person is in or upon any public place as defined herein.
§ 128-4. Possession of open containers; presumption.
A. No person shall carry or have in his/her possession within or upon any public place in the
City of Ithaca any open container containing liquor, wine,beer or other alcoholic beverage with
the intent of the possessor or another to consume the same in any public place defined herein.
B. The possession of an open container unwrapped or with the top exposed in a public place
as herein defined shall be presumptive evidence that the contents of such open container are
intended to be consumed in a public place as herein defined.
C. For the purposes of this chapter, any container labeled as a container of an alcoholic
beverage, such as a can of beer or a bottle of wine, shall be presumed to contain at least some
amount of the alcoholic beverage specified.
D. For the purposes of this chapter, all beer and all wine, regardless of alcoholic content,
shall be presumed to be alcoholic beverages.
§ 128-5. Exceptions.
A. The provisions of this article shall not apply within the boundaries of Cass Park or
Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall such
prohibition apply to or within the boundaries of Treman Marina.
B. The provisions of this article shall not apply to any activity sponsored by an organization
having proper license to dispense alcoholic beverages in or upon any public place within the city,
said license having been issued by the Alcoholic Beverage Control Board of Tompkins County
and such organization having obtained permission from the Mayor. This exception shall apply
only to the public place in the city in or upon which the alcoholic beverages are dispensed.
Proposed new language is underlined;language to be deleted is sta►dlc-through 2
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§ 128-6. Penalties for offenses.
The violation of any of the provisions of this article shall be punishable by a fine not
greater than $250 and/or not more than 15 days in jail and not less than $100 or 25 hours of
community service; provided, however, that a person who violates this article after having been
convicted of a violation of this article within the preceding three years shall be punishable by a
fine not greater than $500 and/or not more than 15 days in jail and not less than $100 or 25 hours
of community service; and further provided that a person who violates this article after having
been convicted two or more times of a violation of this article within the preceding three years
shall be punishable by a fine not greater than $750 and/or not more than 15 days in jail, and not
less than $100 or 25 hours of community service.
B. The violation of any of the provisions of this article by a person who is under the age of
21 years of age shall be punishable by a fine not greater than $150 and/or not more than 15 days
• ; . . - . - •
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by a person under the age of 21 years who has been convicted of a violation of any provision of
to exceed $250 and/or not more than 15 days in jail.
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of
the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Proposed new language is underlined;language to be deleted is stfuekthreugla 3
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EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.
Proposed new language is underlined;language to be deleted is stFuelEthrough 4
T:\Governance Committee\2004\Open Container Law-amdts.doc
§ 128-6. Penalties for offenses.
747 The violation of any of the provisions of this article shall be punishable by a fine not
greater than $250 and/or not more than 15 days in jail and not less than $100 or 25 hours of
community service; provided, however, that a person who violates this article after having been
convicted of a violation of this article within the preceding three years shall be punishable by a
fine not greater than $500 and/or not more than 15 days in jail and not less than $100 or 25 hours
of community service; and further provided that a person who violates this article after having
been convicted two or more times of a violation of this article within the preceding three years
shall be punishable by a fine not greater than $750 and/or not more than 15 days in jail, and not
less than$100 or 25 hours of community service.
B. The violation of any of the provisions of this article by a person who is under the age of
21 years of age shall be punishable by a fine not greater than$150 and/or not more than 15 days
. . .. -
than 15 days in jail; and further provided that the violation of any of the provisions of this article
.
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SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of
the ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Proposed new language is underlined;language to be deleted is struelchreugh 3
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3,kt kAc n 3
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.
Proposed new language is underlined;language to be deleted is struoktkrough 4
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s '
s ''
WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons, now, therefore be-i+
ORDINANCE NO. 2004 -
( �-�- ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 240 of the City of Ithaca Municipal Code entitled "Noise" is hereby
amended as follows:
Article I. General Provisions.
§ 240-1. Title.
This chapter shall be known and maybe cited as the "City of Ithaca Noise Ordinance."
§ 240-2. Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time, place and use and which are detrimental to the environment. It is also the purpose of
this chapter to allow all residents of the city to coexist harmoniously in a manner which is
mutually respectful of the interests, rights and obligations of all persons.
§ 240-3. Definitions.
Unless the context otherwise clearly indicates, the words and phrases used in this chapter
are defined as follows:
DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any
day.
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EMERGENCY WORK -- Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or property from an
imminent exposure to danger.
IMPULSIVE SOUND --A sound of short duration, usually less than one second, and of
high intensity, with an abrupt onset and rapid decay.
MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks,buses,mopeds,
minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State
of New York, as it may be amended from time to time.
NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30
a.m. on the following day.
NOISE -- A level of sound that is injurious or annoying or disturbing to be heard.
PERSON-- Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government agency,
including any agency of the City of Ithaca; an association or an organization, including
but not limited to officers, directors, employees, agents and/or independent contractors
thereof; or any legal entity whatsoever.
SOUND-AMPLIFYING EQUIPMENT --Any machine or device for the amplification of
the human voice, instrumental music or any other sound. "Sound-amplifying equipment"
shall not include standard automobile radios or tape recorders when used and heard only
by the occupants of the vehicle in which such automobile radio or tape recorder is
installed. As used in this chapter, "sound-amplifying equipment" shall not include
warning devices on authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes or authorized fire horns or other
authorized emergency alarms.
§ 240-4. Unreasonable noise prohibited.
A. No person shall intentionally cause public inconvenience, annoyance or alarm or
recklessly create a risk thereof by making unreasonable noise or by causing unreasonable
noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers the
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comfort, repose, health, peace or safety of the public or which causes injury to animal life
or damages to property or business. Factors to be considered in determining whether
unreasonable noise exists in a given situation include but are not limited to any or all of
the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates and
of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) Whether the noise is continuous or impulsive.
(11) The volume of the noise.
(12) The existence of complaints concerning the noise from persons living or working
in different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
§ 240-14 that will authorize particular sound sources.
ARTICLE II, Special Noise Sources
§ 240-5. Purpose of Article.
The provisions of this Article H complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and not
in lieu of those other provisions. The provisions of this article shall not be interpreted to
prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound
sources.
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§ 240-6. Radios, television sets and similar sound-amplifying devices.
It shall be unlawful for any person anywhere in the city to use or to operate any radio or
receiving set, musical instrument,phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort,repose, health or safety or members of the public within any
building or, outside of a building, at a distance of 25 feet or more from the source of such
sound or interferes with the conversation of members of the public who are 25 feet or
more from the source of such sound.
§ 240-7. Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in a
loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, at a distance of 25 feet or more from the source of such sound.
B. For the purposes of this section, a "person in charge of a party or other social
event":
(1) That occurs on any public property shall include the person or persons who
obtained permission to utilize that property for that event.
(2) That occurs on private property shall include - - :3 - . --- -
involvedand any adult person who lives in or on the premises involved in such party or
social event. [ In addition, if the owner of the property docs not reside in or on the
punishable in the same manner as a violation of section 178 10 of the City of Ithaca
#unieipal-Cede, This is contained in 240-17].
(3) Shall include the person who is listed on a permit granted pursuant to Article III
of this chapter with respect to such event.
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C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be responsible
for the violation, in addition to any person designated in parts A or B above.
§ 240-8. Hawkers and peddlers.
It shall be unlawful for any person to advertise, promote or sell anything by outcry
within any area of the city zoned for residential uses. The provisions of this section shall
not be construed to prohibit the selling by outcry of merchandise, food and beverages at
licensed sporting events, parades, fairs, circuses and other similar licensed public
entertainment events.
§ 240-9. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in any
manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In
making such determination with respect to the matters governed by this subsection,
additional factors to be considered shall include:
A. The necessity of the work being done.
B. The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
§ 240-10. Construction during nighttime hours.
A. Except for the purposes specified in Subsection B, during nighttime hours it shall
be unlawful for any person within a residential zone or within 500 feet of a residential
zone to operate construction equipment (including but not limited to any pile driver,
steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any
outside construction or repair work so as to create noise. Any designated official of the
City of Ithaca shall give a verbal warning that the violation exists and of the penalties that
may result if the violation continues.
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•
B. This section shall not be deemed to prohibit:
(1) Work of an emergency nature.
(2) Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power tool,
including but not limited to mechanically powered saws, sanders, grinders and lawn and
garden tools used outdoors, is operated during the nighttime hours, no person shall
operate such machinery so as to cause noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
§ 240-11. Applicability of Article.
This article shall be applied in addition to § 240-4.
§ 240-12. Continuing noise; Construction.
A. It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound that shall continue for
more than three cumulative minutes in any sixty-minute period and which shall
exceed the permitted noise levels specified in this chapter. Any designated official of
the City of Ithaca may issue a verbal warning that the violation exists and of the
penalties that may ensue.
B. For the purposes of this Chapter, each act which is a violation of any part of this
section which either continues or is repeated more than one-half hour beyond its
inception shall be considered, and may be prosecuted, as a separate violation.
§ 240-13. Horns and alarms.
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
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ARTICLE III, Other Provisions
§ 240-14. Permit procedures for certain activities.
A. Where a sound source is planned, installed or intended to be installed or modified
by any person in a manner that such source will create or is likely to create unreasonable
noise or otherwise fail to comply with the provisions of this chapter, such person must
secure a permit pursuant to this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building between 9:00 p.m. of
any day and 7:30 a.m. to the next day, such person must secure a permit under this
section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit under this section.
D. The application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to this
section.
(2) Plans and specifications of the use.
(3) Noise-abatement and-control methods to be used with respect to the sound source
involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity
complies with any permit issued for it pursuant to this section.
(6) When the activity for which the permit is being sought is not a community-wide
or public event, that notification of the application for the permit has been given to each
person reasonably expected to be affected by the noise, the content of such notification
and the manner in which such notification has been given. The notification shall state to
whom the application is being made and that any person objecting to the granting of such
permit may contact the individual to whom the application is being made to express
his/her opposition to the granting of the permit.
(7) That a copy of the application for the permit has been provided to the Chief of
Police.
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E. The application shall be made to the Superintendent of Public Works in
connection with construction work on public rights-of-way or in parks; to the Building
Commissioner for all other construction projects; and to the Mayor for any other events.
The issuance of permits shall be discretionary and shall be issued only where the
responsible official determines that such permit is reasonable and necessary and will
allow an activity that is consistent with the general purposes of this chapter, as stated in §
240-2, provided that no permit shall be issued pursuant to this section for any sound
source that will operate between 12:00 midnight and 8:00 a.m. of any day. Any permit
granted shall state that the permit only applies to this chapter, that § 240.20, Subdivision
2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a
person is guilty of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof, ... he makes unreasonable
noise."
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Building Commissioner and
the Mayor shall have authority to impose such conditions as they determine are
reasonable and necessary on permits they issue pursuant to this section. Such conditions
may govern factors which include but are not limited to the time and location the
involved sound source may be utilized.
G. The Superintendent of Public Works, the Building Commissioner and the Mayor
shall provide the Chief of Police with a copy of any permit issued pursuant to this
section.
§ 240-15. Penalties for offenses; Presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $250 or imprisonment of not more than 15 days, or 100 hours of
community service or both such fine and imprisonment, any combination of such fine
and imprisonment and not less than $100 or 25 hours of community service;
provided, however, that a person who shall violate any provision of this chapter after
having been convicted of a violation of any provision of this chapter within the
preceding three years shall be punishable by a fine not to exceed $500 or by
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imprisonment of not more than 15 days, or both such fine and imprisonment, and not
less than $100 or 25 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted
two or more times of a violation of any provision of this chapter within the preceding
three years shall be punishable by a fine not to exceed $750 or by imprisonment of
not more than 15 days, or both such fine and imprisonment, and not less than $100 or
25 hours of community service. For any penalties of community service, the court
may accept community service from people other than the defendant whom the court
deems appropriate, such as other residents of the premises or others who choose to
accept responsibility for the violation.
B. For purposes of this chapter, for any offense that takes place on private property, if
the person or persons directly responsible for the activity which violates any
provision of this chapter cannot be determined, then all residents of the property on
which the activity takes place shall be presumed to be responsible for the violation.
§ 240-16. Aggravated Noise Offenses.
A. The presence of any two or more of the following shall be deemed aggravating
circumstances for the purposes of this chapter:
a) a common source of alcohol used to serve the guests, such as a keg;
b) a live band or disc jockey or other live entertainment;
c) amplified sound emanating from speakers placed or directed outside of the
building;
d) a charge to gain entrance into the premises or to consume alcohol.,
e) a violation of section 250-8 of this code on the premises;
- -- •_ . ., . A . • ..-; omit this] the offense takes
place after 10 pm and before the following 6 am on a weeknight(Sunday
through Thursday evening to the following morning) or after 12 midnight and
before 8 am on a weekend (Friday or Saturday or public holiday(as defined in
NY General Construction Law section 24)midnight to the following
morning).,
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g) more than 25 guests on the premises, guests being defined for the purposes of
this section as any people who do not reside at the premises;
h) any underage person or persons possessing or consuming alcohol on the
premises, each underage person constituting a separate aggravating
circumstance.
B. The elements of an Aggravated Noise Offense shall be the elements as
specified in section 240-4 or 240-6 or 240-7 and two or more of the
factors specified in 240-16-A.
C. Penalties. Any "aggravated" violation in this chapter shall be punishable
by a fine not to exceed $1000 or imprisonment of not more than 15 days,
or both such fine and imprisonment, or not more than 200 hours of
community service and not less than $250 or 50 hours of community
service; provided, however, that a person who shall violate any provision
of this chapter after having been convicted of a violation of any provision
of this chapter within the preceding three years shall be punishable by a
fine not to exceed $1,500 or by imprisonment of not more than 15 days, or
both such fine and imprisonment, and not less than $500 or 100 hours of
community service; and furtherprovided that any person who shall violate
any provision of this chapter after having been convicted two or more
times of a violation of any provision of this chapter within the preceding
three years shall be punishable by a fine not to exceed $2,000 or by
imprisonment of not more than 15 days, or both such fine and
imprisonment, and not less than $750 or 150 hours of community service.
For any penalties of community service, the court may accept community
services from people other than the defendant whom the court deems
appropriate, such as other residents of the premises or others who choose
to accept responsible for the violation.
Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 10
•
240-17 Civil Offense for Permitting Noise Violation on Private Property For Non-
Resident Owner.
A. It shall be a civil offense Noise Violation for a non-resident property owner to
permit a violation of section 240-7 or 240-16 to occur on such premises.
B. Permitting a violation of section 240-7 or 240-16 is defined by a the entry of
guilty plea at anytime or a finding of guilt after trial for a violation of section 240-
7 or 240-16 on premises for which a person or entity is the owner on the date of
the offense.
C. Civil Penalty. A violation of this section constitutes a civil noise offense. The
procedures for this offense shall be the same as for a violation of section 178 of
this code. A violation of this section shall punishable under the civil penalties
section 178-10-B(1).
SEVERABILITY CLAUSE. Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
} L_•
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 11
-6\1k , '' LOC-AL-LAW Na------OF NO—.
WHEREAS Common Council would like to set a reasonable range for
community service for those defendants who might otherwise be subject to a high fine
but ask for community service instead, and
WHEREAS the general penalties provision in the City Code provides a minimum
of 25 hours of community service as a possible default penalty, but that provision does
not set a maximum number of community service hours, fa), A- ,1'-t `
BE IT NOW ENACTED1 that—Article 1, Section 1-1 of the City of Ithaca
Municipal Code is hereby amended as follows:34
6.eciAbv- I .
ARTICLE I, Penalties
§ 1-1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or not more than 100 hours of community service and not less than
$100 or 25 hours of community service. For the purpose of determining the appropriate
fine, each day on which the violation continues to exist shall be considered a separate
offense unless otherwise specified. In no case shall a term of imprisonment exceeding 15
days be imposed as a penalty for violations of this Code, no matter how many days of
violation are charged, unless, by separate Code section, the violation has been classified
as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense at
the same property; and not more than $100 nor less than $50 for a third offense at the
same property, if a conviction for such offense occurs within the same twelve-month
Proposed new language is underlined;language to be deleted is dough
T:\Governance Committee\2004\Penalties amdts Local Law.doc
•
period. Each day on which the condition exists may be charged and shall be considered as
a separate offense.
Code Section
196-5 (Uncollected garbage)
210-35(Open areas)
210-36C (Accessory structures)
210-38(Garbage and refuse)
272-4D (Mobile signs)
272-4E(Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and/or Commissioner's designee(s) charging violations of
any of the above sections whenever there is probable cause to believe that said violations
have occurred. Any rights to administrative appeals to any board or commission of the
City of Ithaca mentioned in any subsequent section of this Code shall not apply as a
condition precedent to issuing an appearance ticket charging a violation of any of the
above-listed Code sections. Any right to an administrative appeal from a decision or
determination of the Building Commissioner or other city official with regard to the
above Code sections shall apply only in cases in which the city intends to correct the
violation and seek to charge the property owner or other responsible party for the costs of
correction.
iic'a1cn 2
SEVERABILITY CLAUSE: Severability is intended throughout and within the
provisions of the 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 portions of
Proposed new language is underlined;language to be deleted is stifueldlifetugh
T:\Governance Committee\2004\Penalties amdts Local Law.doc
this Local Law.
5ZC 3 EFFECTIVE DATE.
This law will take effect immediately upon filing with the Secretary of State of the State
of New York.
Proposed new language is underlined;language to be deleted is stfuelitbreugh
T:\Governance Committee\2004\Penalties amdts Local Law.doc
C._,,OP-Ad 31(1)
U' fi.I
VI- (Z-Tow � Y-�-1�,,�t.: � ol,)Q��-'�'eDRAFT
a-- O )i! Ordinance
��"" ,‘ , Ordinance of the of Ithaca, County of Tompkins and the State of New York,
y� ti3 providing for the regulation of watercraft in certain shoreline areas of Cayuga Lake
31(-4 Itadopted and to become effective April 1, 2004.
, .l
,,,SEC--110—N--1. "Watercraft" shall mean any vessel, vehicle, or contrivance intended,
S C 1 ntO1 designed, or utilized for travel over water, and that is propelled by a motor or engine of
nil it any type,whether fueled by gasoline or otherwise.
camas 3"'"l
SEC N 2. Personal watercraft or"PWC" shall mean a vessel which uses an inboard
WAg kw` motor powering a water jet pump as its primary source of motive power and which is
h4C,X`t.x designed to be operated by a person sitting, standing, or kneeling on, or being towed
,('-(5VCCN o U 9 behind the vessel, rather than in the conventional manner of sitting or standing inside the
QsA;).a el vessel.
A.i1,'2 �S
,, Put r SECT-16N 3. "Cayuga Lake" for purposes of this ordinance shall mean the whole of
Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers,
6h441)-1 canals, inlets, and other waterways connected thereto, whether navigable or not.
r d - .
SEcC.F1ON 4. "Shoreline" shall mean any location where the surface of Cayuga Lake
meets land, including emergent islands and structures of all sorts, but not including
wharves, docks, and similar structures made,placed or installed by any person or entity.
SEC/ ON 5. "Daytime" shall mean one-half hour after sunrise to one-half hour before 117
sunset and"nighttime shall mean one-half hour before sunset to one-half hour after
sunrise.
EC N 6. A vessel regulation zone is established so that no watercraft shall exceed a
speed of(a) 5 miles per hour within 100 feet of any shoreline, dock, pier, raft, float or
anchored, moored, floating or non-motorized vessel, or(b) 10 miles per hour when
between 100 feet and 250 feet of any shoreline, dock pier, raft, float or anchored or
moored vessel, or(c) 25 miles per hour when between 250 feet and 1500 feet of the
shoreline UNLESS SUCH VESSEL IS BEING OPERATED NEAR SUCH SHORE,
DOCK, FLOAT PIER, FLOAT RAFT OR ANCHORED VESSEL FOR THE PURPOSE
OF ENABLING A PERSON ENGAGED IN WATER SKIING TO TAKE OFF OR
LAND
y`' 34- 1 j9 ►l-io �,�-uL -I O1
SES =ON 7.11Where feasible, PWC shall travel perpendicular to the shore until reaching
f----"--
1500 feet from shore.
(,O�.x AX- SECTION 8. `No watercraft shall exceed a speed of 45 miles per hour during daylight
hours within 1,500 feet of any shoreline.
•
SECTION 9 No watercraft shall exceed a speed of 25 miles per hour at any time during
nighttime.
SECTION 10r. No person shall operate a PWC at any time before 10 a.m. or after the
earlier of 8:00 pm or one-half hour before sunset.
•
SECTION 11.
No person under the age of 16 years may operate a PWC unless he or she
is:
(a) accompanied by an adult over the age of 18 years or
(b) within 300 feet of a parent or guardian.
SECTION 12. Persons may al o o a e a WC who are between the ages of 10 and 16
and who meet the criteria of SO1 AND possess a current and valid safety
certificate issues by the State of New York, the United State Coast Guard, or an
appropriate Power Squadron or possess a Captain's License or New York State Guide's
license.
.
SECTION 13. No person shall anchor,moor or recreate from a vessel in front of private
property within 200 feet of shore without the consent of the owner or lessee of such
property. Such restriction shall not apply to person fishing from vessels provided such
fishing does not create a hazard to near-shore recreational activities or emergency use of
such waters.
4k
SECTION 14. In no case shall the noise level of any watercraft, or any activities
conducted from such watercraft, exceed 65dBA daytime and 55dBA nighttime.
�G`SECTION 15. This Ordinance shall ply only to those portions of Cayuga Lake falling
�i 1 under the jurisdiction of the C,1..9 of It a.
V^ BY ORDER F THE OF THE
OF ITHACA
01/22/2004 09:10 6072759479
ITHACA CITY ATTORNEY PAGE e1
§ 178-3. Standards for grounds and exterior property.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that:
A.A11 grounds on the exterior of the premise 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,bushes, or in trees for 48 hours, is removed. [Amended 2-5-2003 by
Ord.No. 2003-4]
BAH garbage, when stored outside, 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 site.Any garbage remaining after
scheduled pick-up must be removed from curbside within 24 hours. 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 the contents of any garbage bag or plastic bag or
garbage can is garbage.
178-4 okay
178-5 okay but Section 210-81.C.of the Housing Code also needs to be changed.They both had said the same thing.
210-43 8.2.should probably state"Chaps 178 of this Municipal Code".
01/22/04 THU 10:31 [TX/RX NO 6890] Z001
01/22/2004 09: 10 6072759479 ITHACA CITY ATTORNEY PAGE 02
•
§ 178-4. Standards for exterior structures.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to ensure that;
A. Exterior structures are kept free of garbage, unless stored and completely contained in durable,
nonabsorbent,watertight containers having a tight-fitting lid in place. Plastic bags are not considered
durable containers. . It is presumed that the contents of any garbage bag or plastic bag or garbage
can is garbage.
B. _ - - -- - • _ _ •• - - - , , ,
All construction and demolition materials and debris, related to an ongoing construction project
with a valid building permit, is located on exterior structures or in yards and in public view for no
longer than 30 days. Materials that are not part of a valid construction project authorized by a
building permit shall not be stored in public view and shall be deemed solid waste for the purposes
of this ordinance.
01/22/04 THU 10:31 [TX/RX NO 6890] [x]002
01/22/2004 09:10 6072759479 ITHACA CITY ATTORNEY PAGE 03
§ 178-5. Responsibilities of agents delegated by property owners.
Property owners who do not reside in Tompkins County or one of its contiguous counties must file
an agency agreement with the City Building Department designating an agent to be responsible for all
of the responsibilities outlined in this chapter, and to accept service of process on behalf of the
property owner. Property owners residing within Tompkins County or one of its contiguous counties
may delegate the responsibilities outlined in this chapter to an agent so long as, at the time of any
violation of this subsection,an agency agreement is on file in the City Building Department. The
property owner and agent shall both be liable for violations of this chapter, and the City may bring an
enforcement action against either the property owner or agent, or both. If a property owner who does
not reside in Tompkins County or one of its contiguous counties fails to file an agency agreement with
the Building Department within 60 days of the effective date of this chapter,or if the agent designated
does not accept service or denies agency, then the City Clerk shall be deemed to be the owner's agent
for the limited purpose of accepting service of process on behalf of the owner and service by mail
shall be deemed complete upon mailing by first class mail in the name of the owner to the address of
the property. All agency agreements shall be in the form specified by the City Building Department
and shall contain at a minimum the following information: the identity of the owner and the agent, the
owner's and agent's addresses and current phone numbers, the property or properties the agent is
accepting responsibility for,the beginning and ending date of the agreement, and the signatures of both
the property owner and agent, along with each party's date of birth. The agent must be a resident of or
maintain business in Tompkins County. Post office boxes will not be accepted as addresses for agents.
The owner shall be responsible for informing the Building Department, in writing, of changes to the
owner's and agent's addresses and telephone numbers that occur after the owner files the agency
agreement with the Building Department. The property owner may not designate a residential tenant as
the agent pursuant to this section, except where such designation is contained in an employment
agreement between the property owner and the tenant. The employment agreement shall not be
contained in the lease agreement between the property owner and the tenant, and the tenant's
acceptance of designation as the agent shall not be a condition of the lease agreement.
01/22/04 THU 10:31 [TX/RX NO 6690] Z003
Sarah Myers Governance committee agenda items Page 1
•
From: Pam Mackesey
To: sarahm@cityofithaca.org
Date: 1/21/04 5:25PM
Subject: Governance committee agenda items
Hi Sarah, After speaking with Bob Sarachan this afternoon, I have decided we should include all the
ordinance changes he sent to your office. I also would like to put him at the beginning of the agenda as a
discussion item for 40 minutes. I am attaching the latest revision in the financial disclosure statement and
the jetski proposal. I will send along a memo (could you put it on city stationary please)either later tonight
or early tomorrow to be included with the packet. The other items on the agenda should be 25 minutes
each. If I don't work tomorrow, I can be reached during the dy by phone or e-mail. If I do work, I will be
home by 3:30 but can check phone messages during the day so be sure and call, if there are any snafoos.
Thank you for all your help. Pam
Common Council
Rules of Procedure
Revised January 26, 2004
I. Meetings
i. Organization Meeting
The Common Council shall meet on the first day of January after the election at
the regular place of meeting of the Common Council for the previous year, and
thereafter it shall meet at such place as it may choose, within or without the
territorial limits of the city but in reasonable proximity thereto, and at times
hereinafter provided.
ii. Regular Meetings
The Common Council shall hold regular meetings at least once each month, on
the first Wednesday of the month in Common Council Chambers, Third Floor,
City Hall, 108 E. Green Street, unless otherwise specified by Council.
iii. Special Meetings
The Mayor or any six Council members may call a special meeting of the
Common Council by 24 hours'notice, in writing, served personally or by mail
upon the other members of the Common Council or by leaving said notice at
either their respective usual places of business during business hours or their
respective places of abode at other times. In the absence of the Mayor, any three
Council members, may call special meetings by 24 hours'notice in the same
fashion.
iv. Voting
1) In the proceedings of the Common Council, each member present shall
have a vote except the Mayor,who shall only have a vote when the votes
of the other members are tied, and except as hereinafter provided.
2) A majority of the members of the Common Council shall be a quorum
for the transaction of business. If a member abstains from voting, it shall
be considered as if that member did not vote. However, a member may
only abstain from voting if that member determines that she or he has a
conflict of__interest regardlnu the motion being_vot_ed upon.
3) A majority vote is required to pass any motion or resolution, except as is
hereinafter provided. A vote of six (6) or more Council members shall
constitute a majority vote.
4) No tax or assessment shall be ordered except by a concurring vote of a
majority of all members of the Common Council in office, including the
Mayor,who shall be entitled to vote thereon as a member of the Council,
and no tax levied, assessment bill ordered, resolution or ordinance shall
take effect until the same shall receive the approval of the Mayor.
5) The Common Council may override any mayoral veto by a 2/3 vote of
the alderpersons.
v. Collection and Distribution of Materials
1) The City Clerk shall prepare and distribute an agenda to the members of
Common Council for each meeting of Common Council at least four
days before each meeting
2) Staff designated by the appropriate body shall distribute to the members
of Common Council an agenda of the Board of Public Works, Planning
and Development Board, Ithaca Landmarks Preservation Commission
and Board of Zoning Appeals_at least four days before each meeting of
said boards.
3) Agendas for each meeting of each Standing Committee of Common
Council will be distributed to the members of Common Council by the
department responsible for preparing agendas and minutes for said
Standing Committee. Agendas shall include all supporting documents,
unless a member of Council indicates that they do not wish to receive
the documents for a particular committee.
4) Each Chair of a Common Council committee shall present agenda items
pertaining to that committee in the appropriate final format to the City
Clerk no later than.4:00 p.m. on the Thursday preceding any meeting of
the Common Council and give some indication of whether the item is
for report or action. Any member of Common Council or the Mayor
may present agenda items in the same fashion and by the same deadline
to be considered at the following regular meeting of Common Council.
5) Whenever possible, a copy of all resolutions to be acted upon at the
regular Common Council meeting shall accompany the Chair's report to
the-City Clerk, and the-City Ckk shall h said-resolutions to-the
agelklth
6) The City Clerk shall transfer in memo or email form all referrals or
action resolutions from Common Council to the Chair(s) of the involved
Council committee(s), lay boards, agencies, and departments.
7) All matters to be brought before Common Council should include
sufficient supporting information for Council members to fully
understand the resolution to be voted upon.
vi. Attendance
Emergencies notwithstanding, Council members shall inform the Council or
committee chair at least three days ahead of time if they are not able to attend a
Common Council or Standing Committee meeting.
vii. Length of Meetings
Any meeting of either a Standing Committee or Common Council shall end after
four hours unless an extension is authorized by a majority vote of said body.
II. Order of Business
1. Pledge of Allegiance
2. Proclamations/Awards
3. Special Orders of Business
4. Petitions and Hearings of Persons Before Council
5. Privilege of the Floor—Common Council and the Mayor
6. Special Presentations Before Council
7. Additions To and Deletions From the Agenda
8. Consent Agenda
9. Reports and Resolutions from Standing Committees
10. Reports of Special Committees
11. New Business
12. Individual Member-Filed Resolutions
13. Mayor's Appointments
14. Report of City Clerk
15. Report of City Controller
16. Report of City Attorney
17. Minutes from Previous Meetings
18. Adjournment
(1) Pledge of Allegiance
The Mayor shall lead all present in the Pledge of Allegiance to the Flag.
(2) Proclamations/Awards
The Mayor shall announce any proclamations or awards.
(3) Special Orders of Business
Common Council will consider any agenda items or convene any public
hearings deemed of special significance.
(4) Petitions and Hearings of PersonsBefore Council
Persons not members of Common Council shall be accorded the privilege of the
floor and be permitted to speak for three minutes in regards to matters within
the scope of the powers of Common Council. All persons speaking before
Council will observe the Rules of Order posted in Common Council Chambers
(See Section III (v)).
(5) Privilege of the Floor—Common Council and the Mayor
Any member of Common Council or the Mayor shall be accorded the privilege
of the floor to speak in response to any person having made comments during
the Petitions and Hearing of People Before Council or in regard to any matters
pending before the board or any matters of significance to the residents of the
city.
(6) Special Presentations Before Council
It is desirable for the Common Council to hear from boards, commissions,
neighborhood associations, representatives from other municipalities or some
other group or individual in order to get essential information for the effective
maintenance of the City. In this case, the three (3)minute time limit shall not
apply.
(7) Additions To and Deletions from the Agenda
No legislation may be moved for a vote at a regular meeting of the Common
Council without unanimous vote of the members unless it first appeared on the
agenda. A matter may be reported to the Council at any time, whether or not it
appears on the agenda for that meeting,
Iters-ta-be-•een&ides f-fa -r egu l ar meet i h g-shalt-be-presents -by-the chaifs-of
individual member of Council to the City Clerk no later than.'1.00 p.m. on the
•-h-u-rsd y:prec-ecinLI-any-nieeti va-o-fthe C::•Ez ton-(VaticiI. E-ael=h-i tern-shall
indicate whether it is for report or action.
An item may be withdrawn from the Common Council agenda with the consent
of the Mayor and either the sponsoring committee Chair or individual member
who brought the item.
(8) Consent Agenda
The Consent Agenda shall be a listing of all resolutions and appointments that
have been designated by the Chairs of the recommending Standing Committees,
or by the Mayor, as being routine and not likely to need or require discussion by
the Common Council, unless said agenda item requires a formal vote in
accordance with state or local law.
The resolutions and appointments listed in the Consent Agenda are voted on as
a group by the Council. Any member of the Council may require that any
resolution or appointment in the Consent Agenda be instead included separately
and individually as part of the business of a Standing Committee or Special
Committee.
(9) Reports and Resolutions from Standing Committees
Reports—The chair of each standing committee shall give a brief oral report of
any business of that committee not scheduled for discussion as part of the
meeting agenda, followed by an opportunity for other members of the Council
to ask questions.
Motions and Resolutions—The Committee Chair shall introduce each motion or
resolution brought forward from committee by reading the Resolved portions
into the record. The Committee Chair need not read the entire resolution. The
Committee Chair may synopsize or summarize the issues in the resolution, if so
desired.
(10) Reports of Special Committees
The Chairs of any special committees may give brief oral reports of any
business of their committees. Each report shall be followed by an opportunity
for other Council members to ask questions. If they have any motions or
resolutions, they shall follow the sequence and procedures in No. 9 above.
(11) New Business
The Mayor may ask Common Council to consider any report or resolution
whether or not that report or resolution has been previously reviewed by a
Standing Committee.
(12) Individual Member-Filed Resolutions
Any individual Council member shall introduce any motion or resolution that
was submitted to the City Clerk by 4:00 p.m. on the Thursday preceding the
Common Council meeting and included in the agenda for that meeting .
Common Council may decide to consider the motion or resolution, table it until
a future meeting, refer said motion or resolution to a Standing or Special
Committee, or take any other action it deems appropriate.
(13) Mayor's Appointments
The Mayor shall present her or his appointments to Common Council for a vote.
(14) Report of City Clerk
The City Clerk shall provide a report.
(15) Report of City Controller
The City Controller shall provide a report.
(16) Report of City Attorney
The City Attorney shall provide a report.
(17) Minutes from Previous Meetings
The City Clerk shall present the minutes from previous meetings to Council. In
the absence of objection or correction, the minutes stand approved without
formal motion.
(18) Adjournment
Upon completion of the above-listed order of business, the Mayor shall hear a
motion to adjourn the meeting.
III. Order and Decorum
i. The Chair shall preserve order and decorum and shall decide all questions of
order, subject to an appeal from the Common Council or Standing Committee.
ii. If an appeal is taken from the decision of the Chair, the Chair shall have the right
to explain the reason for the decision. The Council or committee shall decide the
case without debate, and the question shall be stated by the Clerk or equivalent
staff, "Shall the ruling of the Chair be sustained?" The vote shall be taken by roll
call and ruling sustained by a majority of the members of Council or Standing
Committee. The Mayor does not vote in such an appeal.
iii. All debate and discussion during Common Council and Standing Committee
meetings shall be directed to the Chair.
iv. At any meeting of Common Council, no Council member shall speak longer than
5 minutes on any one agenda item unless no other Council member wants to
speak or until every other Councilmember has spoken in which case the Council
member may speak for an additional 5 minutes. However, a Council member
may yield any portion of his or her remaining time on an agenda item so that
another Council member may continue to speak beyond the limits set forth in this
provision.
iv. While the Chair or the Clerk is taking a vote or while a member has the
floor and is speaking, no other member shall speak except to raise a point of order
or a point of information.
vi. After a vote is taken, but before the result is read aloud by the Chair, each Council
member may speak for up to one minute in order to clarify the reasons for her or
his vote.
ivii. No matter concerning the medical, financial, credit or employment history
of a particular person, or matters leading to the appointment, employment,
promotion, demotion, discipline, suspension, dismissal or removal of a particular
person shall be discussed by Council in open session,but shall instead be taken up
in executive session upon a majority vote of the total membership of Council as
provided by Sec. 105 subd. 1 f of the Public Officers Law. In any case,
Alderpersons and the Mayor shall be sensitive to the negative impact of public
statements criticizing an employee. If the direct subject of the public criticism is
the content, implementation, or outcome of a policy, this is not considered to be a
criticism of job performance.
viii. All members of the public who attend meetings of any City board,
commission or committee, including public meetings of Common Council, shall
act in accordance with the following Rules of Order(as posted in Common
Council Chambers):
1) Where public comment is scheduled on the meeting agenda, any member
of the public may address the Mayor, Common Council, or a Council
Committee in regards to matters within the scope of the powers of
Common Council for up to three minutes.
2) Any person may address Common Council or a standing committee of
Common Council for up to three minutes during the"Petitions and
Hearings of Persons Before Council"or"Public Comment"portion of an
official meeting. A speaker will be notified by a timekeeper when her/his
time has ended. Neither the Chair, the Mayor, nor any majority vote of the
entire body may extend the three-minute limit. A person may address the
body at any point after the"Petitions and Hearings of Persons Before
Council"or"Public Comment"portion of the meeting upon invitation by,
or permission from, the Mayor, the Chair of the committee or by a majority
vote of the body.
3) Any person who shall desire to speak at a meeting of Common Council, or a
Council Committee shall fill out a card stating her or his name, street
address,municipality of residence, and the topic upon which they will
comment. In completing this card each speaker will be affirming that they
have read and understand the posted Rules of Conduct. Upon speaking,
each person shall verbally state their name and the municipality in which
they reside for the record.
4) Members of the public addressing the Mayor, Common Council, or a
Council Committee shall do so in an orderly manner.
5) No person shall shout, use foul language, throw or slam anything or engage
in any other form of disruptive behavior.
6) No member of the public shall approach Common Council members, the
Mayor or City staff seated at the Council table, except as detailed in
Section III, v. 7, or upon request of the Chair or a majority of the body.
7) Speakers shall give any written materials to the City Clerk or City staff for
distribution to Common Council and Committee members.
6}8) If a member of the public fails Failure to follow the Rules of Order will
result in a speaker, the Chair shall ask the member of the public-beim;
asked-to take her or his seat ()Of seated, the Chair shall ask the member of
the public to cease any behavior in violation of the Rules of Order.
7-)9)if a member of the public fails Failure to sit down after being asked, or
continuesing with outbursts or other behavior prohibited bv_these Rules of
Order while in the audience, the Chair shall wTrlresult-ask the member of
the public in a speaker being asked to leave the room.
8)10)I f a member of the ublicf_ails;Failure to leave the room after being asked
or continues with other behavior prohibited by the Rules of Order, the
member of the public may-will be result in the member of the public a
speaker being subject to arrest on the charge of Obstructing Governmental
Administration..
IV. Standing Committees
The Mayor shall appoint, at the first meeting of the Common Council in each year or as
soon thereafter as may be, all standing committees required by the rules of the Common
Council and all special committees of the Common Council.
V. Acting Mayor and Alternate Acting Mayor
i. In case the Mayor shall be unable to perform the duties of the Mayor's office in
consequence of sickness or absence from the city or if there shall be a vacancy in
the office, at the first meeting in each year or as soon thereafter as may be
practicable,the Common Council shall appoint by ballot one of its members to
preside at the meetings, and the presiding officer thus chosen shall be vested with
all the powers and perform all the duties of the Mayor of the city, except as
provided in the City Charter § C-33A(1), until the Mayor shall resume the duties
of the office or the vacancy shall be filled for the unexpired term by election
according to law. The officer so appointed shall be styled "Acting Mayor" and
shall sign all necessary papers with his/her name, adding thereto the words
"Acting Mayor."
1) The Acting Mayor shall not be vested with the voting powers of the
Mayor as described in the City Charter § C-30, but shall instead exercise
the voting rights afforded Council members other than the Mayor.
ii. The Common Council may in the same manner appoint another of its members as
Alternate Acting Mayor, to assume all the powers and perform all the duties of
the Mayor of the city in the same manner and fashion as the Acting Mayor
whenever the Acting Mayor is required to assume the powers and duties of the
Mayor's office but is unable to do so in consequence of sickness or absence from
the city.
VI. Receipt of Reports
i. The Common Council may vote to ACCEPT in whole or in part the report of any
person, consultant, committee, task force, or other group. Acceptance is hereby
defined to mean that the Common Council acknowledges receipt of the report and
thanks its author for it.
ii. The Common Council may vote to ENDORSE any such report in whole or in
part. Endorsement is hereby defined to mean that the Common Council
acknowledges receipt of the report, thanks its author for it, and concurs in its
findings and/or recommendations.
iii. The Common Council may vote to ADOPT any such report in whole or in part.
Adoption is hereby defined to mean that the Common Council acknowledges
receipt of the report, thanks its author for it, and formally commits itself to
implementing its recommendations.
iv. The Common Council may vote to REJECT any such report in whole or in part.
This may be done either by voting down an acceptance or an adoption resolution,
or by passage of a resolution of rejection. Such a resolution means that while the
Common Council has received the report, it finds it unsatisfactory and/or does not
choose to implement its findings.
VII. Rules of Procedure
In any matter of procedure not governed by these rules, the Common Council shall be
governed by Robert's Rules of Order.
VIII. Amendment and Suspension of the Rules
i. These rules shall not be altered or amended except by two-thirds vote of the entire
Common Council, and then only after at least one week's notice accompanied by
a written or printed copy of the proposed alteration or amendment.
ii. These rules may be temporarily suspended by a two-thirds vote of the Common
Council.
IX. Communications between Council Members and Staff(
i. Council members who need information from City staff to assist them in
developing policy or in responding to a request from a constituent, shall transmit
information requests to the department head or directly to the department staff.
ii. Whenever Council members seek information directly from departmental staff,
the following procedures should be pursued since individual Council members do
not supervise staff nor do they establish or change programs.
1) If the information request is more than minimal in terms of staff time
required, the Council member should direct the inquiries to the Mayor or
the chair of the committee to which the department reports. If the
Mayor or the committee chair declines to authorize the request, an
appeal may be made to the appropriate committee; and if that fails, to
the whole Council.
iii. A Council member should never attempt to influence the conduct of a staff person
on the job. Any concerns that a Council member has about a staff person's
conduct on the job or job performance should be directed to the Department Head,
the Mayor, the Human Resources Director or the appropriate committee.
1) In the event that any Council member does so attempt to influence the
conduct of a City staff member on the job, the staff person should bring
this to the attention of the department head who will in turn notify the
Human Resources Director, the Mayor and the Chair of the committee to
which the department reports.