City Council - Ordinance Committee

City of Chicopee City Council Ordinance Committee Members James Tillotson, Chair Fred Krampits, Vice Chair Frank Laflamme Timothy McLellan Jerry Roy APPROVED MINUTES October 11, 2016 The following are the minutes of a public hearing held Tuesday, October 11, 2016 at 6:30 PM in the City Council Chambers, Fourth Floor, City Hall Annex, 274 Front Street, Chicopee, MA 01013. Members Present: Tillotson, Laflamme, Krampits Absent: McLellan, Roy Also Present: Dan Garvey (Asst. City Solicitor), Councilor Zaskey, Councilor Courchesne, Councilor Labrie, Councilor Brooks, Councilor Zygarowski, Sgt. Holly Davis (Police Department), Steve Frederick (City Engineer) The meeting was called to order at 6:30 PM. In compliance with the open meeting laws the Chairman asked if anyone in the audience was recording the meeting. Hearing none the meeting continued. ITEM #1 JAMES STREET East side - Beginning at the corner of Johnson Road to the corner of Celia Drive 20 MPH – SCHOOL ZONE Councilor Walczak will be working with Steve Frederick to properly distinguish the School Zone area. Motion made by Councilor Laflamme and second by Councilor Krampits to postpone. Motion passed. ITEM #2 ASINOF AVENUE Westerly side – Across from 49-59 Asinof Avenue PARKING PROHIBITED Steve Frederick stated that there are numerous no parking signs on Asinof Avenue without ordinances. He further stated this proposed ordinance does not seem correct because there is no 49 Asinof Avenue. Motion made by Councilor Laflamme and second by Councilor Krampits to defeat. Committee vote 3 – 0 favorable to defeat. ITEM #3 YALE STREET North side – for a distance of 21 feet from the intersection of Yale Street and Muzzy Street PARKING PROHIBITED HERE TO CORNER Sgt. Davis stated that she has driven by this location. The committee stated that there should be better enforcement of the ordinance that prohibits vehicles being parked within 20 feet of an intersection. The committee felt that the Police Department does not necessarily have to ticket the individual on the first offense but at least give a warning. Sgt. Davis stated that she will speak with the Police Chief and maybe some type of public awareness campaign can be put in place of this parking restriction. Motion made by Councilor Laflamme and second by Councilor Krampits to defeat. Committee vote 3 – 0 favorable to defeat. ITEM #4 WARREGAN STREET East side for a distance of 35 feet from the intersection of Chicopee Street PARKING PROHIBITED HERE TO CORNER Steve Frederick stated that this ordinance already exists. Motion made by Councilor Laflamme and second by Councilor Krampits to defeat. Committee vote 3 – 0 favorable to defeat. ITEM #5 CHICOPEE STREET For a distance of 30 feet from the intersection of Warregan Street PARKING PROHIBITED HERE TO CORNER Steve Frederick stated that he is in favor of this proposed ordinance however, he suggested that the words west side be added. Motion made by Councilor Laflamme and second by Councilor Krampits to approve with the addition. Committee vote 3 – 0 favorable. ITEM #6 CYRAN STREET 20 MPH – Entire length SPEED LIMIT Steve Frederick stated that the state law that recently passed allowing city’s to set speed limits needs clarification. Motion made by Councilor Laflamme and second by Councilor Krampits to postpone. Motion passed. ITEM #7 ORDERED THAT DPW install 20 MPH signs on Bostwick Lane. Ordinance ordained on 2-6-1996. Steve Frederick stated that this speed limit is wrong. The signed documents that are on file at the state indicate that the agreed upon speed limit is 30 MPH. Motion made by Councilor Laflamme and second by Councilor Krampits to postpone. Motion passed. ITEM #8 FLETCHER CIRCLE 20 MPH SPEED LIMIT Motion made by Councilor Laflamme and second by Councilor Krampits to postpone. Motion passed. ITEM #9 Striking From SHERIDAN STREET From 14 Sheridan Street to Memorial Drive PARKING PROHIBITED Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #10 Striking From - SHERIDAN STREET In front of 42 Sheridan Street to Taylor Street PARKING PROHIBITED Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #11 SHERIDAN STREET South side – from Memorial Drive to Taylor Street PARKING PROHIBITED Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #12 Striking From - ACADEMY STREET East side – from Front Street to Fairview Avenue PARKING PROHIBITED Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #13 Striking From - ACADEMY STREET Both sides - All hours – From Front Street to Fairview Avenue TOW-AWAY ZONE Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #14 Striking From - ACADEMY STREET West side – From Front Street to the second driveway leading into the Dupont Memorial Middle School PARKING PROHIBITED ANY TIME Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #15 ACADEMY STREET Both sides for the entire length from Front Street to Fairview Avenue PARKING PROHIBITED ANY TIME Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #16 Striking From - SECTION 260-61, BUSES & SCHOOL BUSES; SCHEDULE II: BUS STOPS ID: 1999 BROADWAY/GROVE – 334 BROADWAY STREET Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #17 Striking From - SECTION 260-61, BUSES & SCHOOL BUSES; SCHEDULE II: BUS STOPS BROADWAY/MADISON Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #18 SECTION 260-61, BUSES & SCHOOL BUSES; SCHEDULE II: BUS STOPS BROADWAY/GROVE IN FRONT OF 386 BROADWAY Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #19 CYRAN STREET At the intersection of Cyran Street and Irene Street ISOLATED STOP SIGN Motion made by Councilor Laflamme and second by Councilor Krampits to approve. Committee vote 3 – 0 favorable. ITEM #20 SKEELE STREET Both sides – At the intersection of Skeele Street and Forest Street ISOLATED STOP SIGNS Steve Frederick stated that he is not in favor of this four way stop. It is not warranted. Motion made by Councilor Laflamme and second by Councilor Krampits to deny. Committee vote 3 – 0 favorable to deny. ITEM #21 Proposed ordinance regulating drones By adding Chapter 186 – Regulation of Unmanned Aircraft Systems (Drones) §186-1. Purpose The City of Chicopee recognizes that unmanned aircraft and unmanned aircraft systems, commonly referred to as drones, are increasingly being flown by citizens for a variety of both recreational and business purposes. United States airspace is the busiest in the world with up to 87,000 flights per day including commercial airliners, flight haulers, air taxis and private and military aircraft. Further, the City of Chicopee is the home of the Westover Air Force Base which conducts flights critical for the protection of all United States citizens. Consequently, the City of Chicopee hereby adopts this ordinance to protect the privacy and property interests of the residents of the City of Chicopee as well as to comply with all federal and state laws including the safe operation of the Westover Air Force Base. §186-2. Definitions 1. Aircraft shall be defined as any object designed or used to navigate or fly in the air. 2. Drone shall be defined as any un-manned aircraft, amateur rocket, model aircraft (Section 336 of Public Law 112-95), rotorcraft (702 CMR §2.01), or similar device or aircraft. 3. Visual Line of Sight shall be defined as an operator having constant and personal visual contact with the aircraft and/or drone at all times. This visual contact shall be natural and personal to the  operator and shall not allow the operator to use visual enhancements, screens or other devices to maintain constant visual contact with the aircraft and/or drone. §186-3. Scope This ordinance shall apply to all drones and aircraft, as defined herein, to the extent allowed pursuant to state and federal law. This ordinance shall be limited to those drones/aircraft that weigh less than fifty- five (55) pounds and which are flown by a private citizen below four hundred (400) feet. §186-4. Regulations 1. All aircraft and drones shall comply with all regulations as established by the Federal Aviation Administration. 2. A drone and/or aircraft shall only take off and land on private property owned by the operator or where written permission is granted by the landowner. Said written permission shall include the name and signature of the land owner, the address of the property and the permissible dates and hours of operations. 3. All operators who use an aircraft and/or drone for non-business or commercial purposes shall also comply with the following regulations: a. Register with the Federal Aviation Administration and maintain proper documentation of the same. b. As required by Federal law, fly below four hundred (400) feet at all times. c. Maintain at all times a visual line of sight of the aircraft and/or drone as defined above. d. No operator shall operate an aircraft and/or drone over a person(s) not directly participating in its operation. e. No operator shall operate an aircraft and/or drone prior to sunrise or subsequent to sunset. f. No aircraft and/or drone shall be weaponized. g. No aircraft or drone shall photograph or videotape any person without the prior written permission of that person. All operators shall maintain this written permission for a period of seven (7) years. h. No aircraft or drone shall operate over private property without the prior written permission from the landowner.  i. No aircraft or drone shall operate over any property owned or controlled by the City of Chicopee unless prior written authorization is secured by the operator. §186-5. Violations and Penalties Any person who violates any provision of this ordinance shall be subject to the following fines schedule: 1. First offense: Written warning 2. Second offense: $100.00 fine 3. Third offense: $250.00 fine 4. Fourth or subsequent offense: $300.00 fine The City of Chicopee Police Department or their designee shall enforce this ordinance. The committee felt that Westover Air Force Base and Police Department should review the ordinance. Motion made by Councilor Laflamme and second by Councilor Krampits that the proposed ordinance be sent to the Council for a first reading. Committee vote 3 – 0 favorable. ITEM #22 Minutes – September 13, 2016 Motion made to approve. Motion passed. Meeting adjourned at 7:20 PM.