COMMON COUNCIL COMMITTEE MEETING LAW, BUILDINGS AND CODE ENFORCEMENT Joseph Igoe, Chair

DATE: PLACE: TIME: Wednesday, July 24, 2013 City Court, Room 209 – 2nd Fl. City Hall 5:30 PM

TOPIC OF DISCUSSION:
Ordinance Number 85.82.10 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS Ordinance Number 45.32.10 AN ORDINANCE AMENDING SECTION 359-22 (PARKING, STANDING AND STOPPING RESTRICTIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENGINE IDLING Ordinance Number 33.41.13 AN ORDINANCE AMENDING CHAPTER 363 (VENDORS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR DOOR-TO-DOOR VENDORS Ordinance Number 36.52.13 AN ORDINANCE AMENDING ARTICLE II (TAXICABS AND HACKS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADA ACCESSIBLE TAXIS

PUBLIC COMMENT PERIOD:

Yes

Council Members Conti and Konev introduced the following: Ordinance Number 85.82.10 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Subparagraph D of Section 359-22 of Article II of the Code of the City of Albany is amended to read as follows: D. Stop, stand or park a vehicle within 15 feet of a fire hydrant except when such vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of emergency, unless a different distance is indicated by official signs, markings or where parking meters are installed. The Chief of Police shall clearly mark and identify the no parking area adjacent to fire hydrants. Section 2. This ordinance shall take effect 180 days after its enactment into law.

APPROVED AS TO FORM August 4, 2010

_____________________ Corporation Counsel

SUPPORTING MEMORANDUM ORDINANCE NUMBER 85.82.10 Introduced at August 16, 2010 Council Meeting TITLE: AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS SPONSOR: Council Member Conti PURPOSE: To minimize the number of parking violations attributable to parking in too close a proximity to a fire hydrant. SUMMARY: Section 1 amends Subparagraph D of Section 359-22 of Article II of the Code of the City of Albany to require that the Chief of Police shall clearly mark and identify the no parking area adjacent to fire hydrants. Section 2 provides for an effective date 180 days after enactment. JUSTIFICATION: Current city code prohibits parking a motor vehicle within 15 feet of a fire hydrant; the fine for violation of this rule is $100 ($115 with the mandatory state surcharge). In enforcing this restriction, public safety officers utilize tape measures to determine the distance between a parked vehicle and a fire hydrant and whether a parking violation exists. This leaves no room for error or discretionary judgment and places the owner of a parked vehicle at risk for receiving a ticket even though a vehicle is parked in the good faith belief that it is not in violation. Since the distance requirements are strictly measured and enforced, it is reasonable that the no parking area adjacent to a fire hydrant be clearly marked as this ordinance would provide. FISCAL IMPLICATIONS: To be determined; implementation would require the identification of fire hydrant locations, expenditures related to the material for the necessary markings and personnel costs related to implementation. EFFECTIVE DATE: One hundred-eighty days after enactment into law.

Council Member Calsolaro introduced the following: Ordinance Number 45.32.10 AN ORDINANCE AMENDING SECTION 359-22 (PARKING, STANDING AND STOPPING RESTRICTIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENGINE IDLING The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 359-22(J) of Chapter 359 of the Code of the City of Albany is hereby amended to read as follows: § 359-22. Parking, standing and stopping restrictions. Except as otherwise designated by official signs, signals or markings, the following restrictions will apply in the City of Albany. Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a police officer or official traffic control device, no person shall: J. Cause or permit the engine of a [commercial] motor vehicle, other than a legally authorized emergency motor vehicle or a television transmission vehicle, to idle for more than five minutes while parking, standing or stopping, except that a bus, as defined in § 104 of the Vehicle and Traffic Law may idle while passengers are on board or while boarding or discharging passengers. Section 2. This ordinance shall take effect immediately.

Approved as to form March 5, 2010

Corporation Counsel

Matter in [brackets] to be deleted. Matter underlined is new material.

TO: FROM: RE:

John Marsolais, City Clerk Dominick Calsolaro, Council Member Request for Common Council Legislation Supporting Memorandum 3/5/10

DATE:

ORDINANCE NUMBER 45.32.10 TITLE: AN ORDINANCE AMENDING SECTION 359-22 (PARKING, STANDING AND STOPPING RESTRICTIONS) OF CHAPTER 359 (VEHICLES AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ENGINE IDLING

GENERAL PURPOSE OF LEGISLATION: To prohibit engine idling over five minutes for all vehicles within the City of Albany. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: Albany’s recent grade of “F” for air quality should be addressed and all possible efforts should be made to improve air quality. Reducing air pollution extends life expectancy. Due to a drop in particle pollution between 1980 and 2000, life expectancy in 51 U.S. cities increased by 5 months on average, according to a recent analysis. The annual death toll from particle pollution may be even greater than previously understood. The California Air Resources Board recently tripled the estimate of premature deaths in California from particle pollution to 18,000 annually. Ozone pollution can shorten life, a conclusion confirmed by the latest scientific review by the National Research Council. Some segments of the population may face higher risks from dying prematurely because of ozone pollution, including communities with high unemployment or high public transit use. In addition, mistaken beliefs about benefits associated with engine idling make idling habits difficult to break. Stricter enforcement is one of several tactics that are needed to break idling habits. Drivers need to be educated about engine idling. Many drivers, for example, are used to warming up their cars before beginning to drive or keeping the engine running while making quick stops. In fact, cars with electronic engines (standard technology in today’s vehicles) do not need to be warmed up before they are driven – driving the car is the best way to bring the engine to its optimum performance level. Many drivers also believe that idling consumes less fuel than stopping and starting a vehicle, and that stopping and starting the car creates more wear on the vehicle’s engine and battery than idling. Both of these beliefs are incorrect – when a car is stopped for more than ten seconds, idling uses more fuel than stopping and restarting the engine. Idling causes more wear on the engine than stopping it and restarting, and although more restarts cause a minimal reduction in battery life, the cost to drivers of this decrease in battery life is far less that the cost of the fuel wasted while a vehicle is idling. FISCAL IMPACT: None.

Council Member Ordinance 33.41.13

introduced the following:

AN ORDINANCE AMENDING CHAPTER 363 (VENDORS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR DOOR-TO-DOOR VENDORS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 363-9 of Chapter 363 of the Code of the City of Albany is amended to read as follows: § 363-9. Requirements for door-to-door vendors. A. No door-to-door vendor shall enter any house, building or premises where there is posted on the front of the house, building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant. B. No door-to-door vendor shall make false statements or misrepresentations in the course of his activities. The vendor shall conduct himself at all times in an orderly and lawful manner. C. In addition to any requirements promulgated by the City Clerk, an applicant for a door-to-door vending license must consent to a background check involving fingerprint identification prior to the issuance of said license. Section 2. This ordinance shall take effect immediately.

APPROVED AS TO FORM March 22, 2013

_____________________ Corporation Counsel

To: From: Re: Date:

Nala R. Woodard, City Clerk Patrick K. Jordan, Assistant Corporation Counsel Request for Common Council Legislation Supporting Memorandum March 22, 2013

ORDINANCE NUMBER 33.41.13 TITLE AN ORDINANCE AMENDING CHAPTER 363 (VENDORS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO REQUIREMENTS FOR DOOR-TO-DOOR VENDORS

GENERAL PURPOSE OF LEGISLATION Requiring applicants for door-to-door vendor licenses to submit to a full background check that will include fingerprinting in order to receive a license.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Changes to the City Code require Council approval.

EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE N/A

SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) N/A

SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) N/A

FISCAL IMPACT(S) N/A

Council Member Igoe introduced the following: Ordinance 36.52.13 AN ORDINANCE AMENDING ARTICLE II (TAXICABS AND HACKS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADA ACCESSIBLE TAXIS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 353-14, Section 353-21 and Subsection E of Section 353-46 of Article II of Chapter 353 of the Code of the City of Albany are amended to read as follows: § 353-14. Definitions. ADA The Americans with Disabilities Act [DUAL-PURPOSE VEHICLE] ADA ACCESSIBLE VEHICLE A vehicle used for taxicab purposes which is handicapped accessible, [and] equipped with a wheelchair lift and is in compliance with all applicable regulations under the Americans with Disabilities Act. TAXICAB A motor vehicle other than a bus, used to carry passengers for hire and operated in such manner under a medallion or permit issued by a local authority and registered for such use pursuant to the Vehicle and Traffic Law of the State of New York. A taxicab used for the transport of people with disabilities must comply with all applicable regulations under the Americans with Disability Act. § 353-21 Taxicab medallion fee. A. Effective January 1, 2003, the owner of each taxicab who is granted a medallion shall pay to the City of Albany the sum of $650 for each such medallion. Such fee shall be in addition to and not in lieu of any other license fee or charge established by proper authority and applicable to taxicabs in the City. B. A replacement fee of $25 will be assessed for a lost or stolen medallion. C. The owner of a [dual-purpose] ADA accessible vehicle shall be entitled to receive a medallion for such vehicle free of the medallion fee set forth in Subsection A for five years. § 353-46. Rules and regulations. E. Driver safety. On and after January 1, 1996, all taxicabs, including ADA accessible vehicles used for taxicab purposes, medallioned by the City of Albany shall be equipped with partitions or shields made of Plexiglas or other shatter-proof material, located between and effectively separating the front and rear seats, and amber colored distress lights mounted on and clearly visible to passersby from the front and rear of the taxicab. Such partitions and distress lights, together with the manner of installation and/or location, shall be subject to the approval of the Commissioner. The Commissioner is hereby additionally authorized and empowered to adopt,

implement and require the installation or implementation of other security features and/or devices as are determined to be reasonably necessary to ensure and protect the safety of the person and property of taxicab drivers. Such determination may be made in conjunction with, but shall not be subject to, the advice and comment of taxicab owners and/or drivers licensed to operate in the City of Albany. Section 2. This ordinance shall take effect immediately.

APPROVED AS TO FORM May 10, 2013

_____________________ Corporation Counsel

To: From: Re: Date:

Nala Woodard, City Clerk Patrick K. Jordan, Assistant Corporation Counsel Request for Common Council Legislation Supporting Memorandum May 10, 2013

ORDINANCE NUMBER 36.52.13 TITLE AN ORDINANCE AMENDING ARTICLE II (TAXICABS AND HACKS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO ADA ACCESSIBLE TAXIS

GENERAL PURPOSE OF LEGISLATION To enable taxicab owners who want to operate handicap accessible taxicabs in the City the ability to do so with the understanding that they will be required to pass ADA compliance standards. CDTA is in the process of awarding grants to facilitate the this endeavor to increase handicap access.

NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Changes to the Code require Council approval.

EXPLANATION OF DEADLINE OR REQUESTED TIME FRAME FOR PASSAGE N/A

SPECIFICS OF BIDDING OR OTHER PROCUREMENT PROCESS (if applicable) N/A

SPECIFICS OF REAL PROPERTY SALE OR ACQUISITION (if applicable) N/A.

FISCAL IMPACT(S) CDTA grant program.

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