City Council Committees

THE MEETING IS SUBJECT TO CHANGE COMMITTEE MEETING NOTICE FOR Monday, @ 5:30 PM June 4, 2012 ROOM 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. FINANCE 1. Lease Agreement for a 100' Aerial Quint - Chief Della Rocco 2. ABAC "Service & Repair of Well 5-A" - Carl Olsen\Paul LaFond 3. ABAC "Furnishing Supplies & Equipment 2012" - Carl Olsen\Paul LaFond 4. ABAC "Furnishing and Installing Electrical Service Upgrade for the Erie Blvd Project" - Bill Winkler/Carl Olsen CITY DEVELOPMENT & PLANNING 1. Discussion - Zoning Change to Accommodate a Medical Hospitality House - John Polster 2. SLDC & Land Bank Updates - Steve Strichman GOVERNMENTAL OPERATIONS 1. Discussion - Chapter 224 Revisions (Soliciting) - Carl Falotico 2. Scrap Metal Reclamation - Carl Erikson 3. St. Joseph's Church 100th Anniversary - Vince Riggi 4. 2012 Paving Program Discussion - Carl Olsen/Bill Winkler HEALTH & RECREATION 1. Central Park Greenhouses - Barbara Blanchard 2. Appointment of EAB Members - Barbara Blanchard CLAIMS 1. White v. City of Schenectady and Western NY - John Polster 2. Matarazzo v. City of Schenectady - John Polster 3. Agreement with YWCA for Past Due Water & Sewer - John Polster 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Chapter 224, DOOR‐TO‐DOOR SOLICITING: CHARITABLE ORGANIZATIONS [HISTORY: Adopted by the Council of the City of Schenectady 7‐24‐1972 by Ord. No. 15808; amended in its entirety 2‐22‐2010 by L.L. No. 2‐2010. Subsequent amendments noted where applicable.] GENERAL REFERENCES Transient merchants ‐‐ See Ch. 179. Peddlers and vendors ‐‐ See Ch. 194. § 224‐1. Permit required; exception. A‐1. The City of Schenectady recognizes that people have a right to safety and comfort in their homes. While the City also recognizes the right of people to sell commodities, products, and services door‐to‐door, the government also has a substantial interest in protecting the safety and comfort of people while they are in their homes. As door‐to‐door sales bring strangers onto the property of others, and as many find that to be an uncomfortable and/or unwanted situation, the City of Schenectady shall require all corporations and people who take part in door‐to‐door sales within city limits to apply for and receive a permit, and follow the rules set forth in this chapter, which are deemed to be the least restrictive possible, while also safeguarding the rights of the general public. A. Except as noted in Subsection B of this section, it shall be unlawful for any person(s), firm, organization, group, church, society, or charitable institution or to solicit funds or contributions, sell or offer to sell any commodity, service, or product, either edible or inedible, by means of door‐to‐door canvassing or solicitation of residential properties, without first obtaining a permit in compliance with the provisions of this chapter. This chapter shall not apply to solicitation of commercial properties and enterprises in the course and scope of their professional, commercial or business activities. B. No permit shall be required of a religious institution soliciting directly from its members; e.g., Bishop's Fund, etc. § 224‐2. Application for permit. Applicants for a permit under this chapter must file with the City Clerk a sworn application, in writing, on a form to be furnished by the Clerk. § 224‐3. Application investigation. A. Upon receipt of an application from a commercial or for‐profit applicant, the Clerk shall request the Chief of Police or his or her representative to investigate the applicant's business and purpose for the protection of the public good, which investigation shall include, but shall not be limited to, a review of relevant background information, criminal history, credit worthiness, and references concerning the applicant and any employee, agent, servant or representative of the applicant intended to solicit within the City. For this purpose, the Police Chief, or his designee, shall be authorized to require the applicant to submit to fingerprint comparison. The reasonable costs of such investigation and any fingerprint 17 comparison shall be paid by the applicant, in advance, in addition to the fees prescribed by § 224‐4. The Clerk shall have the discretion to waive or modify the background checks of solicitors for charitable and religious organizations. B. Any applicant which is found to have a felony conviction within the prior 10 years from the date of application, or more than 1 misdemeanor conviction within the prior 10 years of the date of application, must be denied a permit. C. Any applicant which is denied a permit shall not be allowed to apply for another permit for one year. § 224‐4. Fees. The permit fee charged by the City Clerk shall be an annual fee in the sum of $250 500 for commercial and for‐profit solicitation, and $25 for solicitation by a religious organization or by a charity registered pursuant to Article 7A of the New York State Executive Law, for each soliciting period. The annual application fee shall authorize one commercial or for‐profit solicitor to operate within the city. Commercial and for‐profit applicants shall pay an additional sum of $15 50 for each additional solicitor intended to solicit within the City for and on behalf of the applicant. § 224‐5. Issuance of permit. Each applicant to whom a permit is granted as set forth in this chapter shall, upon payment of the fee provided therein and satisfactory completion of the required background investigation, receive a solicitor's certificate (permit). § 224‐6. Identification material. Each applicant to whom a solicitor's certificate (permit) is issued shall receive from the City Clerk, upon request, identification cards, markers or material provided by the Clerk to identify each person doing the actual soliciting or selling for the applicant. § 224‐7. Limitations and restrictions. A. Applicants and persons soliciting or selling for and on behalf on an applicant are required to exhibit the identification materials provided by the Clerk at all times while soliciting or selling. B. No solicitor or vendor shall seek admission or entrance to any residential premises or business before 10:00 a.m. or after sunset solicit door‐to‐door at a residential property except during daylight hours. C. City residents who do not wish to be contacted by solicitors may register with the City Clerk annually. The Clerk shall maintain a "do not solicit" list consisting of those City residents who have registered to be included on the "do not solicit" list. Applicants will be provided with a copy of the list at the time their permit is issued and shall be responsible to ensure that all solicitors in their employ have a 18 copy of the list when engaged in solicitation activities. No solicitor shall contact any person who has registered with the Clerk. It shall be the duty of the applicant to ensure compliance with this restriction. D. No more than 2 people may enter a property or be on the same property at the same time, in order to solicit a door‐to‐door sale. A trainee, aid, or anyone else who is with a salesperson for any purpose will count towards this limit, regardless of whether or not they have a permit to solicit door‐to‐ door or are employed by a specific company. E. No salesperson shall ask to enter the home of a resident. § 224‐8. Records. A. The Clerk shall maintain a record of all applications and permits under this chapter. B. The Clerk shall maintain a record of the number of identification material issued to each applicant. C. Records required to be maintained pursuant to this chapter shall be retained for such period as may be prescribed by the version of the Records Retention and Disposition Schedule MU‐1 [8 NYCRR 185.11 (Appendix H)] in effect on the effective date of the this chapter and as such protocol may be amended from time to time. § 224‐9. Permit expiration. All permits and identification material shall show the date of expiration, which will be one year after they are issued. § 224‐10. Revocation of permit. Permits and identification material issued under the provisions of this chapter may must be revoked for any of the following reasons: A. Fraud, misrepresentation or false statement contained in the permit application. B. Fraud, misrepresentation or false statement made in the course of carrying on the selling or solicitation. C. Conducting the business of selling or soliciting in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. D. Any violation of this chapter. E. Misrepresenting the permit or identification as an endorsement of the article, of the sale or the solicitation of, by the City of Schenectady. F. Any violation of the Penal Law of the State of New York or of the Code of the City of Schenectady. 19 G. When any of the situations detailed in this subsection is alleged to have occurred, notice will be sent to the offending party via regular and certified mail, and a hearing will be held within 10 business days to determine whether the offense did in fact occur. The hearing will be in Schenectady City Court, in front of a judge. The burden of proof will be on the City to prove, by a preponderance of the evidence, that the alleged offense did occur. The rules of evidence shall be applied as if this were a criminal pretrial hearing, such as a Huntley hearing, and hearsay shall be allowed. § 224‐11. Time to submit application. All applicants for a permit to solicit or sell must submit the required application to the Clerk not less than two weeks prior to the start of soliciting. The Clerk shall have the discretion to waive the untimely filing of an application to solicit by a charitable or religious organization. § 224‐12. Public knowledge. Each applicant's period of solicitation or selling and the identification material shall be given to the official newspapers to permit the public full knowledge of such solicitation or selling. § 224‐13. Penalties for offenses. A. Soliciting without the required permit Any violation of this chapter shall constitute an offense and shall be subject, upon conviction, to a fine in an amount prescribed by Chapter 1, § 14.1 150 dollars for a first offense, 250 dollars for a second offense within 24 months of the first conviction, and 350 dollars for each following offense within 24 months of a previous conviction. Each date act of solicitation without the required permit shall constitute a separate and distinct offense. B. A violation of § 224‐10A, B, C or E shall, in addition to revocation of the permit, constitute a misdemeanor and shall be punishable, upon conviction, of a fine and/or imprisonment as prescribed by Chapter 1, § 14.1. C B. Soliciting after a permit has been revoked shall constitute a misdemeanor and shall be punishable, upon conviction, of a fine of 1,000 dollars and/or imprisonment of up to one year as prescribed by Chapter 1, § 14.1. 20 21  City of Schenectady PC/Codebook for Windows CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS [HISTORY: Adopted by the Council of the City of Schenectady 8-24-1983 by Ord. No. 83-89. Amendments noted where applicable.] GENERAL REFERENCES Air Pollution -- See Ch. 121. Fire prevention and protection -- See Ch. 156. Secondhand dealers -- See Ch. 217. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-1. Definitions. § 216-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: JUNK DEALER -- Any person, association, partnership or corporation, as a wholesaler or peddler, conducting a business consisting of buying, selling or storing junk, rags, paper, old iron, brass, copper, tin, lead or other old metals, old tinware or any secondhand articles, except secondhand books and furniture. [Added 4-3-1989 by Ord. No. 89-42] SCRAP METAL PROCESSING FACILITY -- An establishment engaged primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners and similar users. SCRAP PROCESSOR -- Any person, association, partnership or corporation operating and maintaining a scrap metal processing facility. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-2. License required. 1 22  City of Schenectady PC/Codebook for Windows § 216-2. License required. It shall be unlawful for any person, association, partnership or corporation to engage in the business of a scrap processor, unless such scrap processor shall have complied with the provisions of this chapter and obtained a license to do so from the Office of Consumer Protection of the City of Schenectady. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-3. License fee. [Amended 3-18-1991 by Ord. No. 91-11; 1-13-2003 by Ord. No. 2003-1] § 216-3. License fee. [Amended 3-18-1991 by Ord. No. 91-11; 1-13-2003 by Ord. No. 2003-1] The license fee to be paid to the Office of Consumer Protection shall be the sum of $125 per annum if such place of business is the principal place of business of such processor in this state: otherwise the sum of $50, which license expires June 30 of each year. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-4. Records. § 216-4. Records. A. Such scrap processor shall record each purchase of any pig or pigs of metal, bronze or brass castings, or parts thereof, sprues or gates, or parts thereof, utility wire or brass car journals or of metal beer kegs and each purchase of iron, steel and/or nonferrous scrap for a price of $50 or more and preserve such record for a period of three years, which record shall show the date of purchase, name of seller, his residence address by street, number, city, village or town or by such description as will reasonably locate the seller, the type and quantity of either purchase; and the scrap processor shall cause such record to be signed by the seller or his agent. It shall be unlawful for any seller to refuse to furnish such information or to furnish incorrect or incomplete information. B. Such records shall be available for inspection by the Police Department of the state or the municipality in which the establishment is located. 2 23  City of Schenectady PC/Codebook for Windows CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-5. License required for junk peddlers. [Added 4-3-1989 by Ord. No. 89-42] § 216-5. License required for junk peddlers. [Added 4-3-1989 by Ord. No. 89-42] It shall be unlawful to carry on the business of a junk dealer, either as a wholesaler or peddler, which business shall consist of buying, selling or storing junk, rags, paper, old iron, brass, copper, tin, lead or other old metals, old tinware or any secondhand articles, except secondhand books and furniture, without first obtaining a license from the Office of Consumer Protection. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-6. License fees for junk peddlers. [Added 4-3-1989 by Ord. No. 89-42] § 216-6. License fees for junk peddlers. [Added 4-3-1989 by Ord. No. 89-42] A. The fees for licenses required by this chapter shall be as follows: (1) Peddler's license for one year: $5. (2) License of wholesaler who buys from peddlers, for one year: $25. B. The Consumer Protection Office may, in its discretion, grant a permit, without fee, to carry on such business to any religious or charitable institution or society; which permit, however, may be revoked by that Office at any time. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-7. Peddlers' age restriction. [Added 4-3-1989 by Ord. No. 89-42] § 216-7. Peddlers' age restriction. [Added 4-3-1989 by Ord. No. 89-42] No person shall be licensed, as provided in this chapter, unless he shall be at least 21 years of age. 3 24  City of Schenectady PC/Codebook for Windows CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-8. Contents and display of junk peddler's license. [Added 4-3-1989 by Ord. No. 89-42] § 216-8. Contents and display of junk peddler's license. [Added 4-3-1989 by Ord. No. 89-42] Every person to whom a license is granted as set forth in this chapter shall, upon payment of the fee provided therein, receive a certificate from the licensing authority, which certificate shall set forth the dealer's name, his license number and the fact that he is a licensed junk dealer. All such licenses shall expire annually on the 30th day of June. Each licensed junk dealer shall be responsible for displaying his license number in a conspicuous place at his place of business and upon all vehicles owned by him and used in carrying on his said business. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-9. Purchases from minors; hours of operation. [Added 4-3-1989 by Ord. No. 89-42] § 216-9. Purchases from minors; hours of operation. [Added 4-3-1989 by Ord. No. 89-42] No junk dealer, either wholesaler or peddler, shall receive or purchase any goods, articles or things whatsoever from any person under the age of 16 years or from any person between the hours of 8:00 p.m. and 7:00 a.m. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-10. Reports to police. [Added 4-3-1989 by Ord. No. 89-42] § 216-10. Reports to police. [Added 4-3-1989 by Ord. No. 89-42] Every wholesaler licensed under the provisions of this chapter is hereby required to make and deliver or mail each Saturday to the Chief of Police of the City a report, in writing, in such form as such Chief may prescribe, of all copper, bronze, aluminum, lead, babbitt, zinc and batteries purchased or received by him during that day and the previous six days, together with the name and residence of the person or persons from whom such purchases were made. Articles so 4 25  City of Schenectady PC/Codebook for Windows purchased or received shall not be sold or otherwise disposed of within one week after such report is delivered or mailed to the Chief of Police, but shall be held at the place of business of the person licensed under this chapter, and such articles shall be subject to inspection by any police officer of the city. If such police officer has reason to believe that any of said articles have been stolen, he may request that they be held, and, upon such request being made, they shall not be sold or disposed of until released by him or the Chief of Police. The provisions of this section shall not apply to articles purchased by one wholesaler from another wholesaler when such articles are in the possession of the purchasing wholesaler. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-11. Offensive conditions. [Added 4-3-1989 by Ord. No. 89-42] § 216-11. Offensive conditions. [Added 4-3-1989 by Ord. No. 89-42] Every wholesaler licensed under the provisions of this chapter shall conduct his business in such a manner as to prevent unsanitary conditions, the issuance of smoke and/or noxious odors from the premises wherein he conducts his said business. All junk, as described in § 216-5, shall be placed in proper housing or suitably fenced, and the premises shall be subject to regulation by the Fire Chief with regard to fire hazards. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-12. Pawnbroking prohibited. [Added 4-3-1989 by Ord. No. 89-42] § 216-12. Pawnbroking prohibited. [Added 4-3-1989 by Ord. No. 89-42] No person licensed to carry on business under the provisions of this chapter shall, while holding such license, carry on the business or trade of pawnbroker, nor shall any pawnbroker receive a license under the provisions of this chapter. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-13. Unlicensed premises. [Added 4-3-1989 by Ord. No. 89-42] 5 26  City of Schenectady PC/Codebook for Windows § 216-13. Unlicensed premises. [Added 4-3-1989 by Ord. No. 89-42] No person licensed pursuant to this chapter shall carry on such business at any place other than the one designated in his license. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-14. Exhibition of junk peddler's license. § 216-14. Exhibition of junk peddler's license. Every person to whom a license is issued pursuant to this chapter shall exhibit such license upon the demand of any person. Every person licensed pursuant to this chapter shall report any change of address of residence or place of business to the Office of Consumer Protection and have the same endorsed upon his license within three days of such change. CODE OF THE CITY OF SCHENECTADY NEW YORK, v75 Updated 05-01-2011 / PART II GENERAL LEGISLATION / Chapter 216, SCRAP PROCESSORS AND JUNK PEDDLERS / § 216-15. Penalties for offenses. EN § 216-15. Penalties for offenses. EN(1) A. Each violation of this chapter by a scrap processor shall be a violation subject to a fine of not more than $200, unless such violation shall be willful, in which event it shall be a misdemeanor; except, however, that the scrap processor shall not be liable for any violation of this chapter by a seller or his agent, or a purported seller or agent. B. Each violation of this chapter by a seller or his agent shall be a misdemeanor. 6 27  City of Schenectady PC/Codebook for Windows Endnotes 1 (Popup - Popup) Editor's Note: Ordinance No. 89-42, adopted 4-3-1989, provided for the renumbering of former § 216-5 to this current § 216-15. 7 28 29 30 31 32