HomeMy WebLinkAboutMN-CLC-2018-12-17
PRESEN
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EXCUSE
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Meeting
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Community Life Commission
December 17, 2018
2
there is a subcommittee put together and they will meet on Wednesday, 3rd week of
February. CLC suggested that reminder of deadlines dates on application be in BOLD.
They suggested that we get artist feedback as well, to provide input on website. Megan
advised that an electronic survey feedback is done at the end of the year. Members
wanted to know what is plan to getting this out to the public? Alex stated that there will
be an update of Public Art website – restricting the website to limited information for
artists, map, call for proposals, application, etc. Suggestions for other areas to Megan
for advertisement, a press release, Facebook, Twitter, Community Art Partnership, and
Downtown Ithaca Alliance. Suggestions given of corrections to application – email
Megan any suggestions – final draft to CLC as PDF to distribute.
Youth: Be the One Campaign:
Liz Klohmann came to discuss the Be The One Campaign and bracelets handed out to
members. This campaign is for safe supportive and nurturing relationships and came
out in May for Mental Health Awareness Month. Jaydn McCune wrote grant to get
funds and she received $4500, and want community to share the message. A summit
was held last week at The Space, where people shared stories, a song has been written
and recorded; for more information go on Facebook: betheonetompkins. The Mayor at
the December meeting proclaimed 2019 “Be the Year”. There will be a 2nd summit held
in March 2019 targeting families, young people and teens.
Sustainability: Plastic Bag Ban
Amanda Champion is a TC Legislator as well as the Waste Reduction Committee –
She shred info and research of local ban of single use plastic bags in Tompkins County;
the County Administrator doing research – other counties in NY – trying to connect with
municipalities to get community support; reaction from some businesses – 5 years ago
this was put out and survey done. Currently Greenstar already does this, and they have
talked with Wegmans, Chamber of Commerce and lots of places happy to educate.
The hope to get to stores now, maybe restaurants next year. Enfield passed resolution
in support, Town of Danby as well and there was a question of enforcement of this,
Fees, etc.? Resolution for CLC to discuss and support; goal is to change behavior and
bring your own bag. Amanda to email information to Lisa and Jody. There were
suggestions of full ban and 10 cent fee on plastic bags, and they are seeking funding.
Catchy title and bags to start off funding to kick off; Park Foundation to purchase bags
and distribute; Swayze will ask Thomas to come to January meeting and email
materials from Amanda. The timeline = moving and hoping by June to have feedback
and their committee to hone in details – implantation time - community outreach will be
happening and everyone welcome to help.
Swayze & Dan Cogan – Primary purpose of commissions– presenting and considering
all issues – what are we doing and what input? Commissions provide
background/rationale/fleshing out/research pros/cons.
Hillman – Advocacy Flag Resolution, CLC voted – where does it go next? Send to City
Administration Committee and get it on the agenda and come to meeting and be there
to answer questions or Common Council.
Community Life Commission
December 17, 2018
3
Advocacy Flag Flying Policy Common Council makes list – citizen can come to
Common Council to advocate a new flag? Once on list you can just submit application
to fly a flag. Advocacy Flag Flying is done – Chair to do memo to forward to
Administration Committee – Deb or Seth at Chair Mtg. Discussion of Liaisons do not
carry this info to Common Council – two standing committees: Planning & Economic
and Administration. Hillman to send Advocacy Flag to CLC members to refresh
(respond only if there is objection with deadline) then Chair to Administration. Real
input or too many things with no addressing it , we can say just hold off and send email
to Dan Cogan.
Chair Swayze brought up the shopping cart issue and wants to make a subcommittee to
read through all material and dig deeper.
Dan Cogan stated that if topic has two different commissions then flesh out and then go
to mobility or other commission and see or deal with it on our own.
Dan Cogan – Discussed CLC reappointments
January meeting - Bring Sexual Harassment Policy acknowledgments to sign
January Agenda: Plastic Bag Ban
21st is MLK holiday - January 14th at 6:00 on the 2nd Floor conference room – 1/14
meeting instead , Jody to check with Julie about the room 1/14 2nd floor conference
room.
Discussion of Cornell letter – lots of background level of Mayor – publicize the problem
– not necessarily CLC topic.
Overview of Comp Plan phase 2 and baseline – evaluating projects as they come to us.
Dan can put together overview of budget for CLC planning to come talk about housing &
downtown neighborhood plan.
Discussion of 1% put aside for art budget – Swayze to collect topics and bring to chair
mtg – liaison can weigh in on topics and see if that is go forward or dead end.
Accessible public bathrooms in Ithaca would like a list of them – Scriber with talk with
planning staff.
Swayze will bring to mtg a list of accessible bathrooms in city.
Shopping cart Subcommittee made and will look over and meet with Ducson Nguyen
before next meeting – Hillson, Keeler & Hall will be on the subcommittee and present at
next meeting
Scooters/Limescooters – Scriber to meet with mobility to discuss.
Next Meeting:
Monday, January 14, 2019, 2nd Floor Conference Room – Bring Sexual Harassment
Policy acknowledgments to sign and Plastic Bag Ban.
Community Life Commission
December 17, 2018
4
Adjournment:
On a motion, the meeting was adjourned at 8:04 p.m.
Respectfully Submitted by,
Jody Hallett-Harris, Executive Assistant
1
Ordinance No. 2017-____
An ordinance repealing and replacing the text of Chapter 268, “Shopping Carts.”
WHEREAS the City of Ithaca has a legitimate government interest in preventing the
proliferation of abandoned shopping carts within its boundaries;
WHEREAS Chapter 268 of the City of Ithaca Municipal Code, “Shopping Carts,”
establishes regulations, standards, and fines intended to act as a reasonable deterrent
to the problem of abandoned shopping carts;
WHEREAS Common Council and city staff have identified changes to Chapter 268 that
are believed to better promote the goals of this Chapter in a more efficient and effective
manner; and now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follow:
Section 1. Findings of Fact.
The Common Council finds that:
1. Abandoned shopping carts create potential hazard to health and safety of the
public, and interfere with pedestrian and vehicular traffic, and the accumulation of
abandoned carts on public and private property create conditions that reduce
property values, promote blight and deterioration, and result in a public nuisance.
2. Owners of shopping carts should develop programs that contain their shopping
carts on their respective business premises and be held responsible for failing to
do so.
3. It is, therefore, desirous to replace the text of Chapter 268 with updated
regulations that will require such programs and enable adequate enforcement,
thereby better combating the nuisance and blight created by abandoned
shopping carts.
Section 2. Amendment of Chapter 268, “Shopping Carts.”
The text of Chapter 268, entitled “Shopping Carts,” of the City of Ithaca Municipal Code
is hereby repealed in its entirety and replaced with the following:
§ 268-1 Definitions.
For purposes of this Chapter only, and unless the context clearly requires a different
meaning, the words, terms and phrases set forth in this Section are defined as follows:
A. "Business premises" means the interior of a shopping cart owner's commercial
establishment, adjacent walkways, any loading area, and the parking area, as
defined herein.
B. "Shopping cart identification sign" means a sign or engraved surface which is
permanently affixed to a shopping cart containing all of the information specified
in Section 268-2 of this Chapter.
2
C. "Shopping cart removal warning" means a placard, sign or painted text which
meets the requirements of Section 268-4 of this Chapter.
D. "Shopping cart owner" means the owner or operator of a commercial
establishment which provides shopping carts for use by its customers for the
purpose of transporting goods of any kind.
E. "Shopping cart containment program" means one or more of the following
measures:
1. Disabling devices on all shopping carts which prevent them from being
removed from the business premises by locking the wheels or otherwise
preventing the movement of the shopping carts.
2. An on-site security guard to deter customers who attempt to remove shopping
carts from the business premises.
3. Obtaining a security deposit from customers for the on-site use of shopping
carts.
5. Any other measure approved by the Superintendent of Public Works as a
means to contain shopping carts on premises. A shopping cart owner may
appeal a measure disapproved by the Superintendent of Public Works to the
Board of Public Works for a final determination.
G. “Shopping cart retrieval service” means contracting with a third-party or
establishing an internal mechanism that will both actively locate shopping carts
within a one-mile radius of the cart owner's business premises and respond to
complaints from the public in a manner which results in the retrieval of shopping
carts within twenty-four (24) hours after receiving complaints.
F. "Parking area" means a parking lot or other property provided by a commercial
establishment for use by a customer for parking an automobile or other vehicle.
In a multi-store complex or shopping center, "parking area" includes the entire
parking area used by or controlled by the complex or center.
H. "Shopping cart" means a basket which is mounted on wheels or a similar device
provided by the operator of a commercial establishment for the use of customers
for the purpose of transporting goods of any kind. A shopping cart sold by a
commercial establishment to a retail customer for that customer's personal use is
not a shopping cart for the purposes of this Chapter.
I. “Abandoned” means not in the physical possession of a shopping cart owner or a
customer of a shopping cart owner with written permission from the shopping cart
owner as specified in Section 268-6 of this Chapter.
§ 268-2 Shopping cart identification signs for shopping carts.
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A. Every person who owns or makes available to the public in connection with the
conduct of business and trade any shopping cart shall mark it or cause the same
to be marked and identified conspicuously with the name of the shopping cart
owner. Every shopping cart owner with more than twenty-five (25) shopping
carts shall also mark or cause the cart to be conspicuously marked to provide a
name and local or toll-free telephone number of a party that is responsible for
retrieval of the shopping cart.
B. It shall be the responsibility of each shopping cart owner to comply with
Subsection (A) of this Section, and to continuously maintain, or cause to be
maintained, the shopping cart identification sign so that all of the required
information is accurate and clearly legible.
§ 268-3 Shopping cart containment program.
A. Every owner who provides more than twenty-five (25) shopping carts to their
customers shall operate and maintain a shopping cart containment program as
defined in Section 268-1 of this Chapter and shall provide a shopping cart
retrieval service for any shopping carts found abandoned off of business
premises.
B. Each shopping cart owner must provide the Superintendent of Public Works with
the contact information for its shopping cart retrieval service.
C. Each shopping cart owner must contain all shopping carts on the business
premises at all times.
D. Any instance in which a shopping cart owned or provided by a shopping cart
owner is found abandoned off of the business premises shall be considered a
violation of Subsection (C) of this Section by the shopping cart owner.
1. Following the discovery or report of an abandoned shopping cart the
Superintendent of Public Works, or his agent shall contact the shopping cart
owner’s shopping cart retrieval service to provide notice of the violation and
the location of the abandoned shopping cart.
2. Each twenty-four (24) hour period that the shopping cart remains off the
business premises following notice to the shopping cart owner shall be
considered a separate violation of Subsection (C) of this Section.
3. Fines shall be assessed at fifty dollars ($50) for each violation of Subsection
(C) of this Section, with the first violation occurring on the discovery of an
abandoned shopping cart and additional violations occurring each day the
shopping cart remains off the business premises after notice of such
abandoned shopping cart has been provided to the shopping cart owner.
E. No shopping cart containment program shall be required where the owner offers
the rental or sale of utility shopping carts that can be temporarily or permanently
used for the transport of goods, but only so long as all shopping carts on the
4
business premises are offered only on rental or sales terms, and not without
charge.
§ 268-4 Shopping cart removal warnings.
Every owner who provides more than twenty-five (25) shopping carts shall prominently
and conspicuously post and maintain shopping cart removal warnings at all entrances
and exits to the shopping cart owner’s premises, including parking areas. Such
warnings shall meet all of the following minimum specifications:
A. Contain a statement to the effect that unauthorized removal of a shopping cart
from the business premises, or possession of a shopping cart in a location other
than on the business premises, is a violation of State and City law.
B. List a local or toll-free telephone number for shopping cart retrieval.
C. Be affixed to an interior wall of the building or otherwise permanently and
prominently displayed within two (2) feet of all customer entrances and exits.
§ 268-5 Employee training--shopping cart removal prevention.
Each cart owner shall conduct ongoing employee training to educate new and existing
employees about procedures to prevent cart removal, including the operation of the
shopping cart containment system.
§ 268-6 Shopping cart removal from business premises--written permission
required.
No person shall be deemed to be authorized to remove a shopping cart unless he or
she possesses written authorization from the shopping cart owner. This section shall not
apply the possession of a shopping cart removed from the business premises at the
direction of the shopping cart owner for the purposes of repair or maintenance.
§ 268-7 Removal and possession unlawful.
It shall be unlawful for any person or his/her agent or employee to take, remove or
possess any shopping cart beyond the premises of the identified owner of the shopping
cart without the written permission of the identified owner.
§ 268-8 Removal and disposal of abandoned shopping carts.
A. Removal. The Superintendent of Public Works is hereby authorized to seize and
remove or cause to be removed any abandoned shopping cart within the city
from any public place without notice and from any private premises with the
consent of the owner of the premises and shall take or cause the same to be
returned to the shopping cart owner with notice of fine pursuant to Subsection
268-3(D) of this Chapter. The Superintendent of Public Works is authorized to
call upon other city agencies or departments to assist in enforcement of this
section.
B. Disposal of unclaimed property. When an abandoned shopping cart not
containing identification of ownership as required herein is removed under
Subsection (A) of this Section, the Superintendent of Public Works may dispose
5
of the shopping cart as they see fit. All proceeds from the disposal of abandoned
shopping carts shall be deposited to the general fund of the city.
§ 268-9 Remedy not exclusive.
Nothing herein is intended to limit the city from pursuing any other remedy available at
law or in equity against any person or entity maintaining, committing, or causing a public
or private nuisance or any other violation of the City Code or of State or Federal law.
Section 3. Notice to affected businesses.
The City shall make reasonable efforts to notify affected businesses by mail of the
aforementioned changes to Chapter 268 of the City of Ithaca Municipal Code, provided,
however, that non-receipt of said notice shall not constitute a defense to any violation of
this Chapter.
Section 4. Severability Clause.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 5. Effective Date.
This ordinance shall take effect January 1, 2019 in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
The following Code does not display images or complicated formatting. Codes should be viewed online.
This tool is only meant for editing.
Chapter 268
Shopping Carts
[HISTORY: Adopted by the Common Council of the City of Ithaca 2-6-1985 by Ord. No. 85-2 (Ch.
65, Art. IX, of the 1975 Municipal Code). Amendments noted where applicable.]
§ 268-1 Definitions.
Unless otherwise stated, the words and expressions used in this chapter shall have meanings as follows:
PERSON
Natural persons of either sex, corporations, partnerships, associations, joint-stock companies,
societies and all other entities capable of being sued.
PUBLIC PLACE
A street, avenue, road, alley, public passageway, land, highway, concourse, driveway, culvert,
crosswalk and sidewalk, pedestrian mall and every class of road, square and municipal or private
parking field used by the general public.
SHOPPING CART
Any cart, basket, container or other device made of wire, metal, plastic or other material, mounted on
wheels, manually operated and identified as required herein, such as is generally provided by
merchants for the conveyance of merchandise, foodstuffs and other property to automobiles and
other places.
§ 268-2 Identification.
Every person who owns or makes available to the public in connection with the conduct of business and
trade any shopping cart shall mark it or cause the same to be marked and identified conspicuously with
the name of the owner. Such identification shall be in the form of metal tags securely fastened to the cart
or a cutting or stamping on the frame of the cart or other means for permanently identifying the owner of
the cart.
§ 268-3 Removal and possession unlawful.
It shall be unlawful for any person or his/her agent or employee to take, remove or possess any shopping
cart beyond the premises of the identified owner of the shopping cart without the express permission of
the identified owner.
§ 268-4 Penalties for offenses.
Any person who violates any provision of § 268-3 of this chapter shall be liable for and pay a penalty of
$10 for the first such violation and no less than $25 nor more than $50 for each subsequent violation.
Each removal of a shopping cart shall constitute a separate violation.
§ 268-5 Abandonment unlawful.
It shall be unlawful for any person or his/her agent or employee to leave or to suffer or permit to be left
unattended any shopping cart, either owned by the person or in such person's possession, custody or
control, at any public place within the City of Ithaca or upon the property of another without the consent
of the owner of the property.
§ 268-6 Removal of abandoned shopping carts.
The Superintendent of Public Works of the City of Ithaca is hereby authorized to seize and remove or
cause to be removed any abandoned shopping cart within the city from any public place without notice
and from any private premises with the consent of the owner of the premises and shall take or cause the
same to be taken to a facility within the city for redemption or disposition as hereinafter provided. The
Superintendent of Public Works is authorized to call upon other city agencies or departments to assist in
enforcement of this section.
§ 268-7 Redemption.
A. Notification. Whenever the Superintendent of Public Works shall take possession of any shopping
cart as herein specified and such shopping cart contains identification of ownership, a notice shall be
sent by ordinary mail to the address of such person purported to be the owner of the cart as
designated on the cart advising that such property is held by the city and advising the amount
necessary to redeem said cart. If the shopping cart does not contain identification of ownership as
required herein, then the same shall be disposed of in the same manner as unclaimed property, as set
forth below.
B. Procedure; costs; immunity of city. Any shopping cart may be redeemed by the owner thereof at any
time prior to the sale, dismantling, destruction or disposal thereof upon tendering the sum of $5 for
each cart to the Superintendent of Public Works. In addition, the person seeking to redeem the same
shall be required to pay the cost of advertising the sale thereof, if any. No property shall be delivered
to a person seeking to redeem the same unless proof establishing, to the satisfaction of the
Superintendent of Public Works, such person's ownership is submitted. Any delivery to a person
apparently entitled thereto shall be a good defense to the city against any other person claiming to be
entitled thereto, but if the person to whom delivery is made is in fact not entitled thereto, the person
to whom the same ought to have been delivered may recover the same, with interest and costs, from
the person to whom the same shall have been delivered.
§ 268-8 Disposal of unclaimed property.
A. Public notice; conduct of sale. Where any shopping cart remains in the custody of the Superintendent
of Public Works for a period of 15 days after the mailing of notification as aforesaid and no person
has redeemed the same and presented to the Superintendent of Public Works proof establishing to
his/her satisfaction such person's ownership thereof, the Superintendent of Public Works shall
publish a notice once in the official newspaper of the city advising that, at a specified place and time
not less than five days after such notice is published, such property will be sold at public auction for
the best price that can be obtained in excess of the redemption fee, costs of publication and other
expenses of the city for conducting the sale. Such sale shall be conducted by the Superintendent of
Public Works or his/her designee.
B. In the event that any shopping cart is sold at public auction to any person other than the person who
is identified on the shopping cart as the owner thereof, the city shall mark the cart so indicating and
deliver to the buyer proof of such purchase.
C. Resale or other disposition; immunity of city. In the event that such property shall remain unsold at
public auction, the Superintendent of Public Works may reoffer said property for sale at a
subsequent public auction held pursuant to this chapter, or he/she may dismantle, destroy or
otherwise dispose of the property. Any such sale or other disposition of such property pursuant to
this chapter shall be without liability on the part of the city to the owner of such property or other
person lawfully entitled thereto or having an interest therein.
D. Disposition of proceeds. All proceeds received from the redemption and/or sale of abandoned
shopping carts pursuant to this chapter shall be deposited to the general fund of the city.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
Ducson Nguyen, Second Ward Text/Call: 607-269-7877
dnguyen@cityofithaca.org Facebook/Twitter: duc2ndward
Dear Colleagues,
The portion of City code that covers legislation of shopping carts (§ 268, attached) has
long been deficient for a variety of reasons:
• Punishment for the removal of shopping carts from retailers was levied upon the
person removing the cart, who is almost exclusively someone of limited means
and/or mobility
• Retailers carried little or none of the onus of containing their shopping carts on
their premises or retrieving their shopping carts when they the carts were
removed from their premises
• The City was required to store any abandoned shopping carts it seized and
notify the shopping cart owner (if the owner could be identified) of their ability to
redeem the cart(s). This practice took up valuable space at the Department of
Public Works facility on Pier Road and retailers rarely took the opportunity to
redeem their shopping carts
• Implementation and enforcement of the code failed to prevent the proliferation
of abandoned shopping carts throughout the city (see
https://twitter.com/ithacascenery)
The proposed amendment to § 268 (attached) was initially developed by former
Alderperson Eddie Rooker in 2015 and refined after consultation with City Forester
Jeanne Grace, upon whom responsibility for managing abandoned shopping carts has
fallen. Highlights of the code changes include:
• Shopping carts must identify the owner of the shopping cart
• Owners who provide more than 25 shopping carts to customers must display on
their carts a phone number for initiating retrieval of the cart
• Owners with more than 25 shopping carts must have a containment program
(e.g.: wheel locks, deposit, security guard) and retrieval service for shopping
carts
• Owners with more than 25 shopping carts must display warnings on the
premises about unauthorized shopping cart removal and a phone number for
shopping cart retrieval
• The City’s Department of Public Works may seize shopping carts and return
them to the shopping cart owner at a fine of $50 per cart per day after the owner
has been notified
Removing shopping carts from retail premises remains illegal, but no punishment is
levied upon those who do so. The onus of keeping shopping carts on site and
retrieving abandoned shopping carts is shifted to the retailer, with more substantial
fines for failing to do so. When a retailer does fail to retrieve shopping carts, DPW is
permitted to remove a shopping cart from its abandoned location and return them
directly to the shopping cart owner, fining the owner appropriately.
Retailers within the City of Ithaca who currently provide shopping carts to their
customers have been notified of the proposed changes and we are awaiting their
feedback.
Your thoughts and suggestions are appreciated.
Ducson Nguyen
Second Ward Alderperson
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earliest I’d anticipate a vote by Common Council is our February 7 meeting. All meetings occur at 6pm
at City Hall, 108 E Green Street.
Your attention to this matter as valued centers of commercial activity in our city is greatly appreciated.
You can attend a meeting to voice your thoughts, email me at dnguyen@cityofithaca.org, email all of
council at council@cityofithaca.org, or call me at 607-269-7877.
Thank you for your time,
Ducson Nguyen
Second Ward Alderperson