Common Council Meeting -- 10.01.2025

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council October 1, 2025 Type & Number Title/Description Date Committed PRO. RES. 4 St. Elizabeth Medical Center Plan 09/18/2024 Intro. Local Law #3 of 2024 08/07/2024 Intro. Local Law #4 of 2024 10/29/2024 PRO. ORD. 5 Public Safety Fee 04/02/2025 PRO. ORD. 2 Rescind & Replace 2-15-45 08/27/2025 PRO. ORD. 4 Amending Sec. 2-6-105 09/03/2025  Submitted to council by: Councilmember Betar Proposed Ordinance No. Submitted to council on: 9 / 12 / 2024 Proposed Resolution No. 4 Sent to Council Attorney on: 9 / 12 / 2024 Thursday Rule Waiver Required? Date of Legislation: 9 / 18 / 2024 Explanation provided to council on: / / _____________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betar RESOLUTION TO EXAMINE, INSPECT, AND DISCUSS MATERIALS RELATED TO THE MASTER REUSE PLAN FOR THE FORMER ST. ELIZABETH MEDICAL CENTER WHEREAS, on or about October 29, 2023, St. Elizabeth Medical Center, located at 2209 Genesee Street, Utica, New York, permanently closed upon the opening of Wynn Hospital in Downtown Utica; and WHEREAS, upon the closure of St. Elizabeth Medical Center, residents of the City of Utica have shown great interest regarding the future of the campus; and WHEREAS, there is currently a process to develop a master reuse plan for the former St. Elizabeth Medical Center; and WHEREAS, as part of that process, a document containing four potential options was presented to the public, which is attached as Exhibit “A”; and WHEREAS, to best represent the residents of the City of Utica, it is incumbent upon the City of Utica Common Council to remain diligent throughout the above-described process; it is therefore RESOLVED, that the City of Utica Common Council hereby undertakes its duty to examine, inspect, and discuss the contents of Exhibit A, along with any subsequent materials that may be submitted in relation to the master reuse plan for the former St. Elizabeth Medical Center. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Law Proposed Ordinance No. Submitted to council on: 08 / 05 / 24 Proposed Resolution No. Sent to Council Attorney on: 08 / 05 / 24 Thursday Rule Waiver Required? N Date of Legislation: 08 / 07 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Betrus Local Law No. ______ of 2024 Introductory Local Law No. __3___ of 2024 A LOCAL LAW TO PROHIBIT CAMPING OR SLEEPING ON CITY OF UTICA PARKS, PUBLIC SIDEWALKS, STREETS, ALLEYWAYS OR OTHER PUBLIC RIGHTS OF WAY Presented and read on August 7th, 2024. Adopted by the Common Council by a vote of Yeas ___ and Nays ___, on ___________________, Became a Local Law with the approval of the Mayor on ________________________, after a public hearing on ____________________. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA: Section 1. Legislative Intent It is the intent of this local law to prohibit camping or sleeping in City parks, public sidewalks, public streets, alleyways, or any other public right of way. People camping or sleeping in City parks, on public property, or in public right of ways, creates a public health safety hazard and interferes with the rights of others to use the areas for which they were intended. Section 2. Authority This authority to adopt this local law is derived from Article IX, Section 2(c) of the New York Constitution; Article 2 Section 10 of the Statute of Local Governments, and Article 2, Section 10 of the Municipal Home Rule Law, which authorizes the City to adopt local laws and regulations that advance and protect the health, safety and welfare of the community. Section 3. Definitions Unless the context requires otherwise the following he following definitions apply. A. “To Camp” means to set up or to remain in or at a campsite.  B. “Campsite” means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. C. “Prohibited Public Places” means any place not designated as a public campground pursuant to Federal, State or Local statute or ordinance and shall include the following: (a) Public streets, sidewalks, alleyways, passages and rights of way; (b) Publicly owned property; (c) Public parks; (d) Public parking lots, whether publicly owned or privately; (e) Public landscaped areas, whether publicly or privately owned and maintained pursuant to a public easement or agreement for public maintenance; (f) Private property that is readily accessible to the general public or is otherwise open to common general use; (g) Vacant lots that are readily accessible to the general public or otherwise open to common general use or that attract activity that may pose a threat to public health and safety; and (h) Drainage culverts and basins Section 4. Sleeping or Camping is Prohibited on Sidewalks, Streets, Alleys, or Within Doorways or in Prohibited Public Places A. No Person may sleep or camp on public sidewalks, streets, alleyways, or other prohibited public places at anytime as a matter of individual and public safety. B. No person may sleep or camp in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. C. In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. Section 5. Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public place, or under any bridge or viaduct, unless (i) otherwise specifically authorized by this Local Law, (ii) by a formal declaration by the City Council in emergency circumstances, or (iii) by Council resolution, the City may exempt a special event from the prohibitions of this section, if the Common Council find such exemption to be in the public interest and consistent with City goals and notices. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the City Council shall specify the exact dates and location covered by the exemption. Section 6. Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the Police Department may occur under the following circumstances: A. Prior to removing the campsite, the City shall post a notice, 24-hours in advance at the campsite. B. At the time a 24-hoour notice is posted, the City shall inform a local agency (delivering social services to homeless individuals) of the location of the campsite. C. After the 24-hour notice period has passed, the Police Department is authorized to remove the campsite and all personal property related thereto. Section 7. Disposition and Release of Personal Property For purposes of this Local Law, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition maybe immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence (as provided above) shall be stored by the Police Department for a minimum of 30 days, during which time its hall be reasonably available for and released to an individual confirming ownership. Section 8. Enforcement This local law shall be enforced by an Officer of the City of Utica Police Department, The City Code Enforcement Officer, the Oneida County Sheriff’s Department, the New York State Police, or any other Police Officer authorized as such by the State of New York. Section 9. Penalties A violation of this Local Law shall be deemed on offense punishable by a fine up to $500.00 or imprisonment up to 15 days, or both. Section 10. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, fir or corporation, or circumstances, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgement or order shall be rendered.  Section 11. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. Submitted to council on: 10 / 25 / 24 Proposed Resolution No. Sent to Council Attorney on: 10 / 25 / 24 Thursday Rule Waiver Required? N Date of Legislation: 11 / 06 / 24 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa A LOCAL LAW ENTITLED “REGISTRATION AND POSTING OF OWNER AND MANAGER INFORMATION AND DESIGNATION OF AGENT” INTRODUCTORY LOCAL LAW NO. 4 OF 2024 Presented and read October 29, 2024. Laid on the Table November 06, 2024. Adopted by the Common Council by a vote of YEAS: ___, NAYS: ___, on __________, 2024. Became a Local Law with the approval of the Mayor on __________, 2024, after a public hearing on __________, 2024. BE IT ENACTED BY THE COMMON COUNCIL FOR THE CITY OF UTICA, NEW YORK SECTION 1. Legislative intent. It is recognized by the City of Utica Common Council that a number of properties in the City are owned by persons who do not live in the City of Utica or in the County of Oneida. As a result, it has been difficult for the City Departments, such as the Fire Department, Department of Public Works, Water Authority, Police Department, as well as the Codes Department and zoning officers, to contact absentee owners when necessary. The City of Utica Common Council recognizes the need for such departments and officials to be able to contact the owner and/or manager of a property located within the City, particularly in emergency situations. In order to facilitate such contact with the owners and/or property managers, these provisions are being enacted to require the registration with the City, and posting in the building on such properties, of the names, addresses, and telephone numbers of such property and property managers so as to provide the City and its various departments with accessible and accurate information concerning the property and the person or persons to contact should there be a problem or emergency at the property. SECTION 2. Definitions. For the purpose of this local law, the terms used herein are defined as follows: Action or Proceeding – any action or proceeding which may be instituted in the City Court of the City of Utica in connection with an alleged violation of any of the local laws, rules or regulations of the City of Utica Building – any improved real property located within the City of Utica which, in whole or in part, is non-owner occupied Owner – any individual or individuals, partnerships or corporation, whether for profit or otherwise, in whose name title to the building stands Process – a summons or any notice, mandate or other paper or process issued under any provision of the Building Code and/or ordinances of the City of Utica City Clerk – either the City Clerk or the Deputy City Clerk of the City of Utica SECTION 3. Registration of owner and designation of agent. (A) Every owner of a building, as herein defined located with the City of Utica shall file: (1) A notarized statement of designation signed by the said owner setting forth the name and address, by street and number also, if applicable a mailing address different, in the County of Oneida, or otherwise within twenty (20) miles of the City of Utica, of an agent upon whom process may be served in any action or proceeding which may be commenced or instituted against said owner. A post office box number alone is not sufficient to comply with the provisions. (2) A notarized statement by the said owner setting forth the name, telephone and address, by street and number, as well as the mailing address if different of the owner, owners, of the property. (3) A notarized designation signed by the said owner naming the City Clerk as the agent upon whom process against the owner may be served, and the post office address within or without the City of Utica to which the City Clerk may mail a copy of the process against such power served upon the Clerk. (B) Whenever the process is served upon the City Clerk, the Clerk shall mail, by certified mail, addressed to the agent named in said designation at the address therein set forth, a true copy of said process. (C) The City Clerk shall keep the complied registry as the Building Registration List. The fee for being placed on the Building Registration List will be twenty dollars ($20). All building owners must recertify by December 31st in order to be kept on the list for the following year. All fees are non-refundable. SECTION 4. Certificate of ownership. Attached to such statement and designation shall be a certificate properly certified by the owner that they are the owner of the promises with respect to which statement or designation is filed. SECTION 5. Posting notice. Every owner of a building within the City of Utica shall post, and keep posted in a conspicuous place in a main public area in said building, a notice, at least six by eight (6x8) inches in size, setting forth: (A) The name, address, and telephone number of the owner of said building. (B) The name, address, apartment number, and telephone number of the resident superintendent of the building, if any. (1) Exception. In the event that a building is: (a) A one family house, such notice need not be posted. The owner shall furnish tenant with the information required in SECTION 3 (A) (1) and SECTION 3 (A) (2) listed above. (b) A two or three family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish each tenant with the information required in SECTION 3 (A) (2) listed above. (2) In the event of a change of ownership, a change of the designated agent, or a change of the resident superintendent of such building, the owner of the property shall file with the City Clerk a new designation of agent and also naming the City Clerk to receive process and shall post a revision of the required notice in the building and file a copy of the same with the City Clerk within thirty (30) days of any such change. SECTION 6. Penalties for offense. Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine or not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars. Each week a violation continues shall be deemed a separate offense.  SECTION 7. Severability. The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause sentence, paragraph, or part thereof. SECTION 8. Repealed. All Local Laws or ordinances, or part of Local Laws, or ordinances, in conflict with any part of this Local law shall be hereby repealed. SECTION 9. Effective date. This local law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2024 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Betrus Proposed Ordinance No. 5 Submitted to council on: 03 / 26 / 25 Proposed Resolution No. Sent to Council Attorney on: 03 / 26 / 25 Thursday Rule Waiver Required? N Date of Legislation: / / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Betrus ORDINANCE AMENDING SECTION 2-2-169 PUBLIC SAFETY FEE WHEREAS, The City of Utica relies on three major sources of funding to provide services to its residents; Sales tax, AIM funding and property tax. Sales tax and AIM funding have been unable to provide for the increase in costs year over year resulting in a greater burden on the tax payer in the form of an increasing property tax levy, and WHEREAS, Prior to completing the FY 2025-2026 Annual Estimate, the Common Council for the City of Utica accepted the challenge of finding a fair and equitable way of generating revenue, regardless of tax status, and WHEREAS, All properties within the City of Utica, including tax-exempt ones, utilize public safety services on a daily basis. While these services account for 65% of the City’s annual budget, the cost of providing this service is not shared by all property owners, and WHEREAS, By implementing a Public Safety Fee, all properties in the City of Utica, regardless of tax status, would share in the cost of public safety thus reducing reliance on the exhausted source that is property tax, now BE IT ORDAINED, that Section 2-2-169 of the Code of Ordinances is hereby amended to include the following: Section 2-2-169 –Public Safety Fee: The following schedule of fees shall apply to all property owners. Owners who currently pay property tax are eligible for a credit in the amount of the fees set forth below: (1) $3 per month, per structure Public Safety Fee; (2) An additional $1.50 per story for structures over three stories in height FURTHER ORDAINED, that this Ordinance shall take effect immediately. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 2 Submitted to council on: 07 / 11 / 25 Proposed Resolution No. Sent to Council Attorney on: 07 / 11 / 25 Thursday Rule Waiver Required? N Date of Legislation: 08 / 27 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Colosimo-Testa RESCIND AND REPLACE SEC. 2-15-45 BE IT ORDAINED, that Section 2-15-45 be RESCINDED and REPLACED with the following: Section 2-15-45: Loitering, Aggressive Begging, Soliciting, Camping (a)Definitions. As used in this section, the following terms shall have the meanings indicated: Intimidate means to engage in conduct through words and/or physical actions which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to, coercion and threatening conduct. Loitering means to remain idle in essentially one location, including spending time idly, loafing, lingering, wandering and/or walking about aimlessly. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public Place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, public monuments or statues, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (b) Certain types of loitering prohibited. No person shall loiter in a public place in such manner as to: (1). Create or cause to be created a danger of a breach of the peace. (2). Create or cause to be created any disturbance or annoyance to the comfort and repose of any reasonable person. (3). Obstruct the free passage and uninterrupted use of the street, sidewalk, crosswalk or public place by any pedestrian or vehicle. (4). Cause or cause to be created an environment where any reasonable person would feel unsafe. (5). Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, vulgar, coercive, threatening or insulting nature, and/or which are calculated to annoy or disturb the person to, or in whose hearing, they are made. Section 2-15-45 B Loitering for drug-related purposes in a designated area. (a) As used in this section, the following terms shall have the meanings indicated: Public place means any place to which the public or a substantial number of persons have access, including but not limited to any highway, street, sidewalk, right of way, park, playground, school, school grounds or transportation facilities. Designated area means any specific public place designated in writing by the chief of police as an area associated with the criminal sale of controlled substances [or marijuana] or other illegal substance as defined in New York State Penal Law. Loitering for drug-related purposes means remaining in any one public place, with or without one or more persons, under circumstances, actions and activities that would warrant a reasonable person to believe that the purpose of that behavior is to unlawfully sell or buy a controlled substance [or marijuana] or other illegal substance, as defined in New York State Penal Law. Public place means any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. Section 2-15-45-C Aggressive Begging The purpose of this section is to regulate acts of coercive and aggressive panhandling and acts of aggressive begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose a risk to traffic and/or public safety. As used in this section, the following terms shall have the meanings indicated: Aggressive begging means to beg with the intent to intimidate or coerce another person into giving money or goods. Coerce or Coercive means to do any of the following with intent: (i.) To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with the commission of a criminal act upon the person, another person or personal property, including monies, in the person’s possession; or (ii) To approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent; or (iii) To persist in a solicitation after the person solicited has given a negative response; or (iv) To block the passage of a person, pedestrian traffic a vehicle or vehicular traffic while making a solicitation; or (v) To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands; or (vi) To make any false or misleading representation in the course of making a solicitation. Intimidate means to engage in conduct which would make a reasonable person fearful or apprehensive for their personal safety. It shall include but not be limited to coercion and threatening behavior Panhandling means: any means of asking, begging, requesting or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. Obstruct means to walk, stand, sit, lie or place an object in such a manner as to hinder or slow progress, to retard progress, to make accomplishment of obtaining a goal slower or more difficult, or to impede another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or legally protest, or acts authorized by permit or otherwise in writing issued by the city or other governmental agency shall not constitute obstruction. Public place shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (i) It shall be unlawful for any person to aggressively beg in public places within the City. (ii) It shall be unlawful for any person to aggressively beg on private property if asked to leave by the owner or owner's representative, or if there is a sign posted on the private property that prohibits, in some manner, aggressive begging or solicitation. (iii) The following factors, while not dispositive of an actor's intent, shall be deemed admissible probative evidence, and may be considered in determining whether the actor intended to aggressively beg in violation of this section: (1) That the actor physically touches the person(s) solicited without consent or express invitation to do so; (2) That the actor follows the person(s) solicited without express invitation to do so and with the specific intent and actual effect of prolonging the solicitation encounter; (3) That the actor directs profane or abusive language, threatening, coercive or fighting words towards persons refusing the solicitation; or (4) That the actor threatens the person(s) solicited with physical violence or harm either verbally or through physical gestures designed to make a reasonable person fear for their safety. Section 2-15-45-D Solicitation on or near street or highway, Panhandling, Pedestrian Interference The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Streets or highways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning, flow and safety. It has been determined that persons standing near intersections and traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights cause such distractions and delays. (a) Unless expressly authorized by the City via a paid permit or other written permission, it shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions or sales of any kind or collect monies for such from the occupant of any vehicle traveling upon any street or highway when: (i) Such solicitation or collection causes the person performing the activity to enter onto the traveled portion of a street or highway. (ii) Such solicitation or collection causes the person performing the activity to be located upon any median area, whether raised or on an even plane with the street or highway, which separates traffic lanes for vehicular travel. (iii) Such solicitation or collection causes the person performing the activity to locate him or herself such that vehicles cannot move into a legal parking area to safely conduct the transaction. (iv) For purposes of this section, the traveled portion of the street or highway shall mean that portion of any street or highway located within the city which can be used by moving motor vehicle traffic, including the gutter on the edge of any street or highway. Section 2-15-45-E Prohibited Camping (a) Definitions. As used in this section the following terms shall mean: Camp: means to set up or to remain in or at a campsite. Campsite: means any place for which no building or occupancy permit has been obtained from the City, where bedding, sleeping bag(s) or other material used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. Public Place: shall mean any public or privately owned place to which the general public has access and a right of resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front, entryway, doorway, stairwell or vestibule and/or immediate access area to any store, shop, restaurant, tavern or other place of business, and shall also include public grounds, areas, parks, plazas, streets, sidewalks, stairwells, medians, parking lots, school grounds, trails and rights of way open to the use of the public. (b) Sleeping in Public Places Prohibited. (i) No person may sleep in public places at any time as a matter of individual and public safety. (ii) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. (iii) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. (c) Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street, stairwell, alley, lane, public right of way, park, bench or any other publicly-owned property or under any bridge or viaduct, unless: (i) otherwise specifically authorized by this Code (ii) via a formal authorization given by the Mayor in emergency circumstances, or (iii) upon Common Council resolution, the Council may exempt a special event from the prohibitions of this section, if the Council finds such exemption to be in the public interest. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the Council shall specify the exact dates and location covered by the exemption. (d) Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the City Police Department may occur under the following circumstances: (i) Prior to removing the campsite, the City shall post a notice at the campsite, 48-hours in advance requiring the removal of any and all personal property. (ii) At the time a 48-hour notice is posted, the City shall inform a local agency (delivering social services to individuals in vulnerable situations) of the location of the campsite. (iii) After the 48-hour notice period has passed, the City is authorized to remove the campsite and all personal property related thereto. (e) Personal Property Retained for evidence For purposes of this section, “personal property” means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Weapons, drug paraphernalia, items appearing to be stolen and/or evidence of a crime may be retained as evidence by the City Police Department until an alternate disposition is determined. (f) Other Prohibited Camping Camping is prohibited on or in all privately-owned property in the City; provided, however, that camping is permitted, subject to any other conditions, restrictions or prohibitions in this Code (including but not limited to City Zoning Code) on such property with the express permission and consent of the property owner. Penalty for violation of Section 2-15-45-A-E Loitering, Aggressive Begging, Soliciting, Camping Penalty: Any person committing an offense against this article shall be guilty of an offense punishable by a fine for First offense: A $25 fine, with judicial discretion for alternative sentences. Subsequent offenses: Could result in a maximum fine of $250 and up to 15 days in jail. Severability. Should any section or provision of this article be declared to be unconstitutional or invalid by the courts, such decision shall not affect the validity of the balance of this article. BE IT FURTHER ORDAINED, that the City shall establish and implement appropriate enforcement measures to uphold this ordinance while providing avenues for individuals in need of assistance to be connected to relevant social services and resources. BE IT FURTHER ORDAINED, that all city departments and officials are authorized and directed to take any necessary actions to carry out the provisions of this ordinance, ensuring proper public awareness, compliance and enforcement. BE IT FURTHER ORDAINED, that this ordinance shall take effect immediately upon passage and filing in accordance with applicable law.  MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi  Submitted to council by: Councilmember Colosimo-Testa Proposed Ordinance No. 4 Submitted to council on: 09 / 02 / 25 Proposed Resolution No. Sent to Council Attorney on: 09 / 02 / 25 Thursday Rule Waiver Required? N Date of Legislation: 09 / 03 / 25 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored By: Councilmember Colosimo-Testa ORDINANCE AMENDING SEC. 2-6-105 OF THE CITY OF UTICA CODE OF ORDINANCES Sec. 2-6-105. Determination of unsafe buildings; notice to repair or demolish. [Ord. No. 74, 5-7-2008] (a) The Codes Commissioner shall consider the report of the Building Inspector and, if in his/ her opinion the report so warrants, shall determine that the building is unsafe and order its demolition or repair, if the same can be safely repaired, and further order that a notice shall be given to the owner as follows. (b) In the event the Codes Commissioner determines that any building is unsafe, the Codes Commissioner may order the building to be vacated within a reasonable time, and, in that event, the building shall be placarded. The building shall not be used again for human habitation and the placard shall not be defaced or removed until written approval is secured for the Codes Commissioner. (c) If there are persons found inside, upon proper evidence of Corporation Council which allows emergency access to the building with property inside, it gives the City the right to resolve the issue if deemed an immediate emergency (d) The notice shall contain the following: (1) A description of the premises; (2) A statement of the particulars in which the building is unsafe; (3) If required by Subsection (b), supra, an order to vacate and placard the building as uninhabitable; (4) An order requiring the building to be repaired or demolished; (5) That the repairing or demolition of the building shall commence within 30 days of the service of the notice, as hereinafter provided, and shall be completed within 60 days thereafter; (6) A date, time and place for a hearing before the Codes Commissioner in relation to such unsafe building, which hearing shall be scheduled not less than five business days from the day of the service of the notice; (7) A statement that in the event of neglect or refusal to comply with the order to repair or demolish the building, the Codes Commissioner is authorized to provide for its repair or demolition, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 J. Betar 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2025 4 F. Carcone 9 J. LoMedico 5 V. Ervin 10 R. Giruzzi