Loading...
HomeMy WebLinkAboutMN-GOV-2004-01-26 I cQ �rU/ LLLLa T i 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 ( c i) +( '(y kic rS cy. C(Yit & c:% arot,t.(&, 7.(i.) )E-t#ies-Disclosure Statement 25 n, r; ('Cl'�` �l .r;;(4.10,, o' 8. q Common Council X Rules of Procedure -2(7} mi of, 9. q Nuisance Oa�tee L���< <�-�� -� A.) k) b�'rUv,ccocu. •te ru04� ' Q• v .-1i; 6, ci-k-( oo 1:4,aea t-if y,,C4,Q CU4L`r,-,,IYif 1kel 10. tT c`�c �h 0 -5�: _ �� P�� . �, c. n�u'�� 7,43 ti 1 v.)S . �C��� �i; �c ie �.�r ,��' C kat,k �2 � 13. Adjournment eb •+ Cllri 11--lnc,cc: HLtj uf. ,t)(-ior:k ''OAl1(c( "U cChoiiC { r.'ic:c cc: Mayor C.) Co actt-,ytnCk, to CZ,, n61 CtilC% t-iLU 'AC CiIt6`. AO G iu C�1 L� 1' C, Common Council ►�� ` ip f City Attorney C�, ,tJ ('-14A--.,-7-------__'-11 Htta),C,i.pa' OA, f nhI.1{c. " Mo, '-7i' `^6t-iu. C'kt (16 Media 1 react... kttn�c�) e.Y-) Department Heads R Lech-1 Lug i0 Ctiv^ ���) 5C +on Cc -ii 1-I c°► ` I-I G' IV, C i k It IJ- c. E-tt '7ijt1 Cx,'lc, f i�=n kt e elf. c(ctuaL nc I 'n41 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. 1 f CLovid =1c e - •, a ! i. 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 � C`A'C l%odA. �i C o')I i1 �l�i��L�. )-� l IT NOW ORDAINED AND ENACTED j, Chapter 210 of the City of ,cot W LSI 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 T:\Governance Committee\2004\Housing Standards Ord.doc 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 T:\Governance Committee\2004\Housing Standards Ord.doc r ' O i I 114 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 ,to tt('E. Ou'A1 i-ti nC.ic, Y!. 2LO) 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- c b I. § 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 T:\Governance Committee\2004\Open Container Law-amdts.doc • 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 T:\Governance Committee\2004\Open Container Law-amdts.doc § 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 • ; . . - . - • . . . . _ . -• _ . • - - - - I I - - 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 T:\Governance Committee\2004\Open Container Law-amdts.doc 1 � 3i C c'`‘r1 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 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 . - 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 T:\Governance Committee\2004\Open Container Law-amdts.doc 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 T:\Governance Committee\2004\Open Container Law-amdts.doc 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 1 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 Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 2 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 3 § 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 4 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 5 • 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 6 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. Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 7 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 Q:\Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 8 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)., Q:'Proposed Nuisance 1-04\Noise Ordinance-amdts rev 1-20-04.doc 9 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.