[HISTORY: Adopted by the Common Council of
the City of Ithaca as Ch. 65, Art. II, of the 1974 Municipal Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 128.
Assemblies and parades — See Ch. 132.
Commons — See Ch. 157.
Dogs and other animals — See Ch. 164.
Noise — See Ch. 240.
Shopping carts — See Ch. 268.
Recreational vehicles — See Ch. 316.
Parks and recreation — See Ch. 336.
Vehicles and traffic — See Ch. 346.
[Amended 2-3-1999 by Ord. No. 99-1]
A.
No person, other than the owner, shall by any means
affix, mark, or place or cause to be placed, or hire or direct any
other person to so place any sign, poster, notice or advertisement
on City property or upon any publicly or privately owned tree, pole,
sidewalk, or structure thereon situated, other than such signs as
may be needed by the companies or institutions owning or operating
such site and other than such public notice as may be authorized or
required by law, without the written consent or the posted invitation
of the property owner.
B.
No person, other than the owner, shall by any means
affix, mark or place, or cause to be so placed or hire or direct any
other person to place any sign, poster, advertisement, notice or other
matter upon private property except with written permission of the
owner of said property and in accordance with all other provisions
of this municipal code.
C.
Where the sign, poster, advertisement, notice or other
matter consists of a commercial advertisement, it shall be presumed
that the vendor of the specified product, service or entertainment
is a person who placed such advertisement or caused it to be placed
upon the property. For the purposes of this section, the term "vendor"
shall mean all persons and/or legal entities who are intended to benefit
financially from such advertisement.
D.
Where the sign, poster, advertisement, notice or other
matter consists of a noncommercial advertisement, it shall be presumed
that the organizer or sponsor of the specified event, service entertainment,
or group is a person who placed such advertisement or caused it to
be placed upon the property. For the purposes of this section, the
term "organizer" or "sponsor" shall mean all persons and/or legal
entities who are involved in organizing or sponsoring this event.
E.
Any person who violates this section shall be subject
to a fine not exceeding $250 or by imprisonment of not more than 15
days, or both such fine and imprisonment, provided that the penalty
shall be not less than $80 for a second offense within a twelve-month
period, and not less than $100 for a third offense within a twelve-month
period. Each day on which the violation exists may be charged and
shall be considered as a separate offense.
F.
If any clause, sentence, paragraph, word, section
or part of this section shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.[2]
[2]
Editor's Note: Original § 65.23,
Curfew, which immediately followed this section, was repealed 8-5-1992
by L.L. No. 3-1992.
[1]
Editor's Note: Original § 65.21,
Prohibited activities in streets and parks, which immediately preceded
this section and was amended 8-17-1977 by Ord. No. 77-9, was repealed
8-5-1992 by L.L. No. 3-1992.
No person shall willfully annoy the occupants
of any building by knocking or rattling at the door, window or gate
thereof or by ringing the doorbell or in any other manner.
[Amended 8-9-1978 by Ord. No. 78-12; 1-29-2003 by Ord. No.
2003-3]
No person shall bathe in, swim in, or for purposes
of swimming and/or bathing enter any of the waters within the City
of Ithaca except in those waters officially designated as swimming
or bathing waters.[1]
[1]
Editor's Note: Original § 65.26,
Fortunetellers, clairvoyants and similar pursuits, which immediately
followed this section, was repealed 8-5-1992 by L.L. No. 3-1992.
[Amended 4-1-1998 by Ord. No. 98-4]
A.
Property generally. No person shall willfully and
maliciously injure or deface in any way property, public or private,
whether a building, fence, tree, shrubbery, ornament or other thing.
B.
Monuments. No person shall deface, displace, remove
or in any manner injure or destroy any monument in the City cemetery
or any other public place within the city.
C.
Street barriers, danger lights and parking signs.
No person shall, without authority, remove or interfere with barriers
which may be erected upon the streets or public places of the City
or any danger lights which may be used in connection with such barriers
or with any parking signs or other devices placed in a public place
for the direction and guidance of public traffic.
A.
City cemetery. No person shall loiter within the limits
of the City cemetery.
B.
Buildings. No person shall loiter in or around any
public buildings or obstruct corridors, stairways or doorways so as
to prevent free access by members of the public, officers or employees.
C.
Streets. No person shall, by his/her presence or by
means, either alone or in consort with others, loiter and obstruct
unnecessarily the true movement of the public in and along public
streets and sidewalks or unnecessarily interfere with public officials
or employees in the exercise of their duties.
[Amended 6-2-1976 by Ord. No. 76-4; 5-2-2018 by Ord. No. 2018-05]
No person shall park or permit to be parked any automobile or other vehicle upon private property without the consent of the owner or lessee. Any parcel of land not conspicuously marked "municipal parking" or "public parking" shall be deemed to be private property with regard to this section. Notwithstanding § 250-10 of this chapter, any violation of this section shall be punishable by a fine of not less than $30 and not more than $250.
No person shall enter any public toilet designated
for use by one of the opposite sex unless he/she is the regular caretaker
thereof.[1]
[1]
Editor's Note: Original § 65.31,
Improper use of telephone, and § 65.32, Noise and disturbances,
which immediately followed this section, were repealed 8-5-1992 by
L.L. No. 3-1992.
[Added 7-11-1990 by Ord. No. 90-6; amended 3-6-1991 by Ord. No. 91-8]
A.
No person shall urinate or defecate in a public place
except in a rest room facility. For the purpose of this section, "public
place" shall mean any place to which the public or a substantial group
of persons has access, and includes but is not limited to highways,
pedestrian malls, streets, sidewalks, parking areas, municipal parking
ramps, other transportation facilities, pools, places of amusement,
parks, playgrounds and hallways, lobbies and other portions of apartment
houses and hotels not constituting rooms or apartments designed for
actual residence.
B.
The violation of this section shall be a violation
and shall be punishable by a fine not greater than $250 and/or not
more than 15 days in jail, and not less than $100 or 25 hours of community
service, provided that a person who violates this section after having
been convicted of a violation of this section within the preceding
three years shall be punishable by a fine not greater than $350 and/or
not more than 15 days in jail, and not less than $100 or 25 hours
of community service, and further provided that a person who violates
this section after having been convicted two or more times of a violation
of this section within the preceding three years shall be punishable
by a fine not greater than $500 and/or not more than 15 days in jail,
and not less than $100 or 25 hours of community service.
[Amended 4-1-1998 by Ord. No. 98-4]
[Added 3-1-2006 by Ord. No. 2006-6]
A.
Findings.
(1)
The Common Council finds that aggressive solicitation
negatively affects the following significant governmental interests:
(2)
The Common Council finds that aggressive solicitation
is extremely disturbing and disruptive to the public and contributes
to a loss of access to and enjoyment of a public place and to an enhanced
sense of fear, intimidation and disorder. This section is intended
to combat the negative effects of aggressive solicitation. It is not
intended to limit any persons from exercising their constitutional
right to solicit funds, picket, protest or engage in other constitutionally
protected activity.
B.
AGGRESSIVE MANNER
(1)
(2)
(3)
(4)
(5)
(6)
PUBLIC PLACE
SOLICITING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any of the following:
Without invitation, consent or acquiescence
by the person being solicited, speaking to that person in a manner
which is intended to cause that person, or is likely to cause a reasonable
person, to fear bodily harm to one's self or to another;
Without invitation, consent or acquiescence
by the person touched, intentionally touching another person during
an act of soliciting;
Without invitation, consent or acquiescence
by the person being solicited, intentionally blocking or interfering
with the safe or free passage of a pedestrian or vehicle by any means,
including unreasonably causing a pedestrian or vehicle operator to
take substantial evasive action to avoid physical contact;
Using violent or obscene gestures toward a person
solicited;
Continuing to solicit from a person or continuing
to engage that person after the person has given a negative response
to such soliciting or after that person walks away from the person
soliciting;
Following the person being solicited, while
continuing to solicit.
A place owned by a municipality, including but not limited
to street or highway; public parking lot; public plaza; public transportation
structure, facility or vehicle; public park or playground; public
sidewalk; and the Ithaca Commons.
Asking, verbally or nonverbally, for money or objects of
value in a public place, with the intention that the money or object
be transferred at that time and at that place. However, this section
is not intended to proscribe any demand for payment for services rendered
or goods delivered; nor does this section or the definition of "solicitation"
proscribe fixed advertising attached to an existing premises, or signs
and/or written material allowed under any other applicable City ordinance,
regulation, license or permit.
C.
Prohibited act. No person shall solicit in an aggressive
manner in any public place.
[1]
Editor's Note: Former § 250-9, Curfew,
added 8-5-1992 by Ord. No. 92-10, expired 6-16-1993, pursuant to a
resolution of the Common Council passed 5-5-1992.
