A.
Permit classes. Commons use permits will be required for all events,
activities, displays, exhibits, commercial sales and other uses of
the Commons. Such use permits will be issued in accordance with the
provisions of this section. General classes of permits that will be
referred to the Superintendent or the Board of Public Works include:
(1)
Commons use permits, including pavilion reservations, event permits,
and information table permits on the Primary Commons. For information
on Commons loading zones, see § 157-9G.
(2)
Use of amplified sound on the Commons, including public address systems,
bullhorns, sound amplifiers, and loud-natured acoustical musical instruments,
such as horns, drums, and other percussion instruments.
(3)
Animals, except for dogs pursuant to § 157-15, are allowed on the Primary Commons by permit only.
[Amended 1-6-2021 by Ord. No. 2021-01]
(4)
External speaker permits for businesses on the Commons which utilize
external sound systems that project onto the Commons.
(5)
Outdoor dining permits, including storefront dining permits for restaurants,
and Commons space permits for use by the Downtown Ithaca Alliance.
(6)
Mobile vending agreements.
(7)
Permits for the pickup or dropoff of items for businesses and residents
without rear building access on buildings facing the Primary Commons.
B.
Permit issuance.
(1)
All requests for permits must be submitted to the Superintendent's
office. The Superintendent may ask for additional information and/or
request a personal appearance before the Board of Public Works for
a hearing to present the details of a permit application and, if the
Superintendent deems it appropriate, for a vote by the Board of Public
Works on such permit application.
(2)
Review of permit requests shall include scheduling of the specific
time, duration, and location of the proposed use or activity. It may
also include any special conditions or restrictions that should be
placed on the permit. Permits will be approved by the Superintendent
for a specific activity, specific date, specific time period, and
specific location on the Commons.
(3)
The Board of Public Works shall serve as an appeals board for people
whose permit applications have been denied by the Superintendent or
who feel that unreasonable restrictions have been placed by the Superintendent
upon their permit.
(4)
When a request is approved or conditionally approved by the Superintendent,
the issuance of a permit will be authorized subject to any conditions
which have been imposed by the Superintendent or which may be required
by the City. Permits will be issued by the Superintendent. The applicant
will be notified of the Superintendent's decision within five business
days after a decision has been rendered.
(5)
Any permit which has been reviewed and approved by either the Superintendent
or the Board of Public Works may be revoked or amended if it is determined
that the activity for which the permit was issued is not being carried
out in a manner that meets the terms of the permit.
(6)
If a request for a permit is denied by the Superintendent, the applicant
will be informed of the reasons therefor, in writing, within five
business days of the decision.
(7)
The Superintendent will be responsible for notifying appropriate
City staff of permit issuance.
A.
The responsibilities of the permit holder shall be to:
(1)
Supervise all materials, displays, products, equipment, and volunteers.
(2)
Entirely remove or properly dispose of all material and equipment used in any activity at the end of the use time and to leave the Commons in the same or better condition than when the event began. See also § 157-21, Cleaning and repairing.
(3)
Remove and properly dispose of all litter and trash created by the
activity, use, or event.
(4)
Hold the City of Ithaca free and clear of any responsibility for
any materials, products or equipment used in any activity or event
on the Commons and for any damages, accidents or incidents which may
occur in conjunction therewith.
(5)
Show proof, when required by the Superintendent, that liability insurance
in an amount to be determined based on the nature of the event has
been obtained, naming the City of Ithaca as an additional insured
on the certificate.
(6)
Comply with all of the applicable conditions and guidelines as set
forth by the City of Ithaca.
(7)
Provide a security deposit, when required by the Superintendent of
Public Works, to cover anticipated cleaning and repair costs.
(8)
Show proof, when required, of various documents, including a New
York State sales tax certificate or Tompkins County Health Department
certificate.
B.
A permit holder or vendor shall not discriminate against the people
attending his or her event or patronizing his or her business because
of actual or perceived age; creed; color; disability; domestic violence
victim status; ethnicity; familial status; gender; gender identity
or expression; height; immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics;
race; religion; sex; sexual orientation; socioeconomic status; or
weight.
Permit and use fees will be established by the Board of Public
Works or Common Council. Fees may be waived or reduced by the Board
of Public Works or Common Council if deemed in the best interest of
the community. All fees shall be paid at the time the permit is issued.
A.
Street performers and acoustical musicians may perform on the Commons
between 10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00
a.m. and 10:00 p.m. on Friday and Saturday. All street performers
shall locate along the edge of the fire lane, may not impede pedestrian
traffic, and must remain mobile at all times in case emergency vehicles
require access to the area. Performance equipment and materials may
not be left unattended. Street performers must move to a different
location every 45 minutes and may apply to the Superintendent for
a permit to remain in one location in excess of 45 minutes but for
no longer than the period of time designated in such permit. The Superintendent
reserves the right to designate specific areas for street performers.
B.
The use of amplified sound or fire during a performance is only allowed
by permit from the Superintendent. Loud-natured acoustical instruments,
such as horns, drums and other percussion instruments, require a noise
permit from the Superintendent. Performers are responsible for monitoring
and controlling the volume of sound they make and must reduce the
volume upon the request of the Ithaca Police Department, City staff,
or Downtown Ithaca Alliance staff.
C.
Performers may accept voluntary donations but shall not base their
performance upon payment or aggressively solicit contributions.
D.
Performers must not be under the influence of alcoholic beverages
or controlled substances while performing. Ithaca police officers
may require performers to relocate or leave the Commons area if they
are creating a disturbance that negatively impacts the businesses
or residents in the area.
E.
At the conclusion of a performance, the performer is responsible
for removing any debris, trash, or litter associated with the performance
or audience.
A.
The following rules apply to all uses and activities on the Primary
Commons:
(1)
The fire lane is to be kept open and free of any obstructions at
all times. No exhibit or item will be permitted to locate in the fire
lane.
(2)
Permits for use will be valid for the assigned space between the hours of 8:00 a.m. and 10:00 p.m. In scheduling events and activities on the Commons, consideration will be given to the people living and doing business on and around the Commons. Amplified sound is allowed on the Commons by permit only, pursuant to § 157-10. These regulations do not pertain to special events that are regulated under § 132-7 of the City of Ithaca Municipal Code.
(3)
Requests for multiple permitted events (three or more) in a calendar
year by a single user requires additional approval by the Superintendent.
Requests for weekly recurring events will be considered by the Superintendent
for Mondays, Tuesdays, and Wednesdays.
(4)
Rain dates will be scheduled on a case-by-case basis. Every effort
will be made to reschedule the event at the earliest appropriate time
upon written request from the event organizer. Reapplication for a
permit will not be required.
(5)
Disrupting the natural flow of pedestrian traffic or the ingress
to or egress from storefronts and businesses is prohibited.
(6)
No person shall litter, throw, or scatter material of any kind on
the Commons.
(7)
Sale of merchandise on the sidewalks or public thoroughfares on the
Primary/Secondary Commons shall not be permitted without a valid permit,
except that the sale of event-specific items and items related to,
and being sold by, a not-for-profit organization, or a business located
on the Primary/Secondary Commons, shall be allowed pursuant to approval
and permit by the Superintendent or Special Events Committee.
(8)
Promotional advertising banners or other materials are not to be
placed across the Commons or affixed to any pavilion or other infrastructure,
except in cases where a permit has been approved.
(9)
No person shall climb upon or permit minors or animals in his/her
custody to climb upon any structure on the Commons (other than a designated
play structure). This includes, but is not limited to, public art
pieces, light poles, trees, fountains, or planters.
(10)
No items or animals shall be tied, affixed or bound to any light
pole, tree, planter, pavilion or other infrastructure on the Commons,
except in cases where approval by the Superintendent of Public Works
has been granted. Animals are prohibited from entering planters on
the Commons for any reason.
(11)
The Commons can be reserved for "Sidewalk Sale Days," at which
time Commons merchants would be allowed to display and sell merchandise
on the Ithaca Commons.
(12)
Aggressive solicitation is prohibited pursuant to § 250-9 of the City of Ithaca Municipal Code.
(13)
Overnight sleeping on the Commons is prohibited except upon
approval of a permit by the Board of Public Works.
B.
Signs; merchandise displays; temporary planters. A business, organization,
or establishment may have signs and/or displays to advertise the business
in that location. Outdoor display of goods and merchandise is limited
to the items sold within the retail establishment, subject to the
following restrictions or privileges:
(1)
There may be a total of two freestanding signs or displays per business
entrance, regardless of the number of businesses or organizations
within the building. Where the word "sign" is used alone hereinafter,
it refers to a sign or display.
(2)
For the Primary Commons, freestanding signs may be up to 48 inches
tall by 24 inches wide. Signs may not extend beyond the building face
or extend seven feet from the building front. For the Secondary Commons,
signs may be up to 48 inches tall by 24 inches wide and must be placed
by the curb of the street in front of their building face, not blocking
the opening of car doors or access to parking meters/pay stations,
or bike racks, and must allow at least 60 inches (five feet) for a
pedestrian right-of-way between the sign and the buildings.
(3)
All signs must be made of durable material and be heavy enough to
remain in place in all weather and must present a professional appearance.
(4)
Signs must be maintained in good condition, with no rust, peeling
paint, peeling laminate or broken sections. Outdoor signs and displays
must not include any objects with sharp edges, protrusions or other
features which may be hazardous to the public.
(5)
Merchandise displays may be 60 inches tall. For the Primary Commons, displays may not extend beyond the building face or extend beyond seven feet from the building front. For the Secondary Commons, displays must allow at least 60 inches (five feet) for pedestrian right-of-way between the display and the buildings. The display base shall be of a size no greater than 24 inches square and shall be made of a durable material and shall be heavy enough to remain standing in all weather. Displays must be maintained in good condition. The owner of signs or displays must keep the area around them clear of snow and debris on and around the signs at all times. See also § 157-21, Cleaning and repairing.
(6)
Temporary planters for flowers and plant display shall abut the building and extend no more than 24 inches into the pedestrian walkway or the fire lane, whichever is less. A planter must be at least 24 inches tall at the lip of the planter. Planters may extend the length of the business. Planters must be maintained in good condition, filled with plants or flowers, and must be kept free of snow and debris in and around the planters. See also § 157-21, Cleaning and repairing.
(7)
No sign, merchandise display or planter may block or obstruct a fire
suppression system affixed to a building or impede traffic flow in
or out of building entrances.
(8)
Businesses with outdoor dining permits must keep their signs, merchandise
displays and planters within their designated outdoor dining area.
(9)
All signs and merchandise displays must be taken in at the close of the business day and during inclement weather conditions. See also § 157-21, Cleaning and repairing.
(10)
The Downtown Ithaca Alliance shall be allowed to place signs
at or near the Bernie Milton Pavilion and the four entrances to the
Commons (Aurora Street, Cayuga Street, Seneca Street and Home Dairy
Alley). These signs shall not impede pedestrian traffic or block fire
lanes.
(11)
Outdoor food sales are not permitted during special events on
the Commons. Outdoor dining establishments with an agreement with
the City are exempt from this provision.
(12)
The building owner shall be liable for any violations under this section. The building owner is responsible for following the requirements of the City of Ithaca Sign Ordinance (Chapter 272) in determining the rights of building tenants to place signs, merchandise displays or planters on the Commons. The building owner may not charge any fees for the use of a sign in public space.
A.
Except by special permit issued by the Superintendent or designee, no person shall operate or cause to be operated on the Ithaca Commons any boom box, tape recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive manner such that noise from the device interferes with conversation or with the comfort, repose, health or safety of others. Refer to City of Ithaca Municipal Code Chapter 240, entitled "Noise," for further information.
B.
Except by special permit issued by the Superintendent or designee,
no person shall operate or cause to be operated any boom box, stereo
system, tape recorder, radio or other device from on or inside any
building on the Ithaca Commons, the sound from which is directed outside
towards the pedestrian area.
D.
Amplified sound may be used between 11:00 a.m. and 2:00 p.m. Monday
through Friday and 5:00 p.m. and 9:00 p.m. Sunday through Thursday.
On Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m.,
and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00
p.m. Performers are required to schedule 20 minutes of quiet time
for every hour of amplified sound. Approval of a noise permit by the
Superintendent or designee is required. Sound levels are subject to
immediate volume reduction upon request by any City official, or staff
member of the Downtown Ithaca Alliance. Failure to comply with such
requests to reduce volume levels are subject to immediate permit revocation.
Requests to extend the hours of amplified sound may be made to the
Board of Public Works.
E.
The use of supplemental lighting, movie and slide projectors and
any other type of electrical equipment or display will be carefully
reviewed by the Superintendent, City Electrician, and the Special
Events Committee so as to minimize nuisance or hazard conditions.
A.
Only service and business delivery vehicles are allowed on the Primary
Commons between the hours of 6:00 a.m. and 9:00 a.m. each day of the
week except on days when major festivals are planned. All vehicles
shall enter the Primary Commons on the west end (Cayuga Street) and
exit on the east end (Aurora Street). All vehicles shall remain on
the edge of the fire lane. Businesses with rear access should continue
to use that space for deliveries and service work. Vehicles may not
be unattended for more than five minutes. No parking of vehicles is
allowed. Any vehicles remaining on the Primary Commons after 9:00
a.m. without an authorized permit shall be subject to towing at the
owner's expense. Requests to drive a vehicle on the Primary Commons
during other hours, vehicles with a gross weight over 10,000 pounds,
and vehicles with trailers require additional consideration and a
permit issued by the Superintendent.
B.
No vehicle shall operate at a speed greater than five miles per hour.
The use of a flagger and/or hazard flashing lights is required for
any permit granted by the Superintendent.
C.
If it is necessary for vehicles to operate in reverse gear while
on the Primary Commons, a flagger is required. This provision shall
not apply to emergency vehicles when operating during an emergency
situation.
D.
Any vehicle which must remain on the Primary Commons as an integral
part of a display or exhibit or if extended service is necessary must
be able to be moved immediately.
E.
Municipal and utility vehicles will be permitted on the Primary Commons
for the minimum time necessary to complete their task. Notification
of such shall be made to the Superintendent's office prior to beginning
the work.
F.
Precautionary measures must be taken to prevent dripping of oil, transmission fluid and other fluids on the concrete when a vehicle is stopped. In the event that drippings of oil or other fluids occur, the set guidelines for removal of stains on concrete pavers established by the Department of Public Works must be followed. See also § 157-21, Cleaning and repairing.
G.
Ithaca Commons loading zones. Use of the loading zones at the entrances
to the Primary Commons is strictly reserved for vehicles making deliveries
or loading and unloading passengers. No other use of the loading zones
shall be made without the express written permission of the Chief
of the Police Department.
A.
Maintenance, repairs, or construction on buildings adjacent to and facing the Primary Commons that require equipment to be set up or used on the Primary Commons, including, but not limited to, lifts, vehicles, construction equipment, and scaffolding, may not commence without first obtaining a permit from the Superintendent pursuant to Article II, Chapter 342, of the City of Ithaca Municipal Code.
C.
Work Site Setup. Work sites may not obstruct pedestrians on the Primary
Commons. Work sites must be surrounded with barriers or fencing (Metal
barriers or snow field fencing are preferred.) in such a manner that
pedestrians, including those with sight challenges, are able to identify
the work site and maneuver around it.
(1)
Scaffolding or other equipment may not obstruct traffic to or from
buildings without providing an alternate means of ingress and egress.
(2)
Signs must be set up that clearly indicate detour paths around work
sites.
(3)
No more than two vehicles, including lifts, may be located at a work
site at any time. Exceptions must be addressed on a case-by-case basis
by the Superintendent.
(4)
All work vehicles, lifts, barricades, signs, or other materials or
equipment must be removed from the Primary Commons prior to the beginning
of any scheduled special event or festival, unless the Superintendent
or Special Events Committee provides permission for such items to
remain on the Commons during the special event or festival.
A.
Riding of bicycles, motorcycles, roller skates, skateboards and similar
wheeled devices is prohibited on the Primary Commons. Standing or
sitting astride a bicycle with one leg on either side of the bicycle
is also prohibited. Wheelchairs, baby strollers and similar devices
intended for the convenience and comfort of infants or people with
disabling conditions are permitted on the Commons. Nothing herein
shall prohibit a pedestrian from walking a bicycle on the Primary
Commons or having a bicycle or skateboard in the pedestrian's possession
while on the Primary Commons.
B.
No person shall park any bicycle against windows, trees, light poles,
planters or other infrastructure in any such manner as to constitute
a hazard to pedestrians, traffic or property. Bicycle racks are provided
at different locations on the Commons for the storage of bicycles
on a short-term and/or daily basis only.
C.
Bicycles may be impounded for the following reasons:
(1)
There is reasonable cause to believe the bicycle has been stolen;
(2)
There is reasonable cause to believe the bicycle has been used in
the commission of a crime;
(3)
The bicycle has been parked in violation of Subsection B above, and the owner or person authorized to possess the bicycle has refused to remove it or has not been identified after a reasonable inquiry; or
(4)
The bicycle has been abandoned. Before a bicycle may be considered
abandoned, it must remain unmoved for at least 24 hours after a notice
has been affixed to the bicycle by the Ithaca Police Department warning
that it may be impounded unless moved within 24 hours.
D.
A violation of this section shall be punishable by a fine of not
more than $50. A second violation within three years is punishable
by a fine of not more than $150 or a conditional discharge requiring
not more than 40 hours of community service and not less than $50
or a conditional discharge requiring not less than 15 hours of community
service. A third violation within three years is punishable by a fine
of not more than $250 or a conditional discharge requiring not more
than 60 hours of community service and not less than $100 or a conditional
discharge requiring not less than 25 hours of community service.
No alcoholic beverages may be sold or consumed on the Commons
except by special permit approved by the Common Council for a specific
date, location and duration. Liquor and general liability insurance
may be required in an amount to be determined based upon the nature
of the event, but in no case shall it be less than $1,000,000. Insurance
certificates must name the City of Ithaca as an additional insured
for the duration of the event.
[Amended 1-6-2021 by Ord. No. 2021-01]
A.
No animals are allowed on the Primary Commons except leashed dogs, as allowed by Chapter 164, Article II, entitled "Dogs." Dogs on the Commons are subject to all rules outlined in this chapter and in Chapter 164 of the City Code.
(1)
Dogs will be leashed at all times.
(2)
Dogs will be limited to no more than two per person.
(3)
Hand-held leashes will be no longer than six feet. Retractable leashes
are permitted but must be locked at no longer than six feet.
(4)
Tethering a dog to a stationary object will not be permitted.
(5)
Dog owners are responsible for promptly cleaning up after their dogs.
Dog handlers or owners must promptly clean up their dogs' waste.
(6)
Dogs may not enter any planter for any reason at any time.
Posting of bills or notices or the attachment of any unauthorized devices to any public structures of the Commons is prohibited, pursuant to § 250-1 of the City of Ithaca Municipal Code.
The Downtown Ithaca Alliance shall administer the placement
of news racks on the Commons. Requests to use the news racks will
be considered in accordance with the policy approved by the Board
of Public Works.
A.
Commons businesses and residents will be allowed 24/7 access to a
secure disposal facility. Private trash and recycling will not be
collected on the Primary Commons. Trash receptacles on the Commons
may not be utilized for residential or household waste. Depositing
household waste in these receptacles will be considered illegal dumping
and violators will be fined in accordance with § 196 of
the City of Ithaca Municipal Code.
No storage of items, material or stock, etc., will be allowed
anywhere on the Commons, except by permit issued by the Superintendent
of Public Works.
Unauthorized cutting, mutilating, removing or taking away of
any trees, shrubs or flowers, defacing or damaging of property is
prohibited unless expressly authorized by the Superintendent of Public
Works.
A.
All users involved with activities on the Commons shall be responsible
for cleaning and repairing to assure that the Commons will be returned
to its prior condition previous to its use. Failure to comply with
this provision shall result in the City's taking necessary action
to clean and repair the Commons and to restore it to its prior condition.
In such case, the City shall bill the user for the cost of such repairing
or cleaning, both on the Commons and on the surrounding business improvement
district. It is expected that the same level of maintenance will be
extended to the entire business improvement district as prevails for
the Commons. This provision shall not relieve the City from performing
normal, routine cleaning and maintenance activities.
B.
Maintenance and snow removal guidelines.
(1)
Guidelines will be developed by the Department of Public Works in
accordance with best practices, with approval from Board of Public
Works, and will be updated as needed. Guidelines will be made available
through the Superintendent's office and listed on the City's website.
