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PROPOSED Local Law No. 6 - 2010 - Amending Chapter 154 - Peddling and Soliciting 08/02/10
Local Law Filing – Town of Cicero
Local Law No. 6 of the year 2010.
A local law amending Chapter 154, Peddling and Soliciting, of the Town Code of the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 154 of the Town Code of the Town of Cicero is to be amended as follows:
ARTICLE I – AMENDMENTS TO ARTICLE I OF CHAPTER 154, PEDDLING AND SOLICITING, OF THE TOWN CODE OF CICERO
Article I of Chapter 154, Peddling and Soliciting, of the Town Code of Cicero, which is entitled Licensing Requirements, Prohibited Acts, Exemptions and Fees, shall be amended as follows:
A. Amendment to Section 154-1
Section 154-1 of Article I of Chapter154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled Definitions, shall be amended by inserting the following definition of “Community Events” after the definition of “Charitable Solicitor”:
COMMUNITY EVENT
A festival, parade, observance of a national or state holiday, or civic event designated by the Town Board as a community event.
B. Amendment to Section 154-2
Section 154-2 of Article I of Chapter 154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled Exemptions, shall be amended by replacing current subsection (A)(4) with a new subsection (A)(4) and adding a new subsection (A)(6), as follows:
(4) Peddling of meats, fish, fruit and farm produce by individuals who produce such commodities if the individual possesses a valid license from the New York State Department of Agriculture and Markets and/or who have obtained a permit or license from the Town to sell items at a Town-sponsored farmer’s market; and
(6) Any individual or person peddling goods, wares or merchandise at a community event, as defined herein.
C. Amendment to Section 154-10
Section 154-10 of Article I of Chapter 154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled Term of License, shall be amended by replacing the current language with the following language:
Licenses under this article may be granted or renewed for such periods as shall be established by separate resolution of the Town Board.
ARTICLE II – AMENDMENTS TO ARTICLE II OF CHAPTER 154, PEDDLING AND SOLICITING, OF THE TOWN CODE OF CICERO
Article II of Chapter 154, Peddling and Soliciting, of the Town Code of Cicero, which is entitled Seasonal Sale of Food from Fixed Outdoor Locations, shall be amended as follows:
A. Amendment to Section 154-20
Section 154-20 of Article II of Chapter154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is currently entitled Applicability, shall be amended by replacing the current title and language of the section with the following new title and language:
§ 154-20. Applicability and Exemptions.
This article shall apply to the seasonal sale of food from fixed outdoor locations within the Town of Cicero. Restaurants, as defined in Chapter 210 of the Code of the Town of Cicero, shall not be required to obtain a license pursuant to this article. Concession sales at school-sponsored events and community events, as herein defined, shall also not be required to obtain a license pursuant to this article. No license shall be required of a non-profit organization or individuals working for such organizations, where the proceeds derived from vending go and belong to such organizations for their sole use. This exemption shall not include, however, individuals or persons who agree to give any or all of their proceeds to such non-profit organizations.
B. Amendment to Section 154-21
Section 154-21 of Article II of Chapter154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled Definitions, shall be amended by inserting the following definition of “Community Events” as the first definition in the section, before the definition of “Food Vendor”:
COMMUNITY EVENT
a festival, parade, observance of a national or state holiday, or civic event designated by the Town Board as a community event.
C. Amendment to Section 154-22
Section 154-22 of Article II of Chapter154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled License Required, shall be amended by replacing the current language with the following new language:
Unless exempted, it shall be unlawful for any person or individual within the corporate limits of the Town to act as a food vendor without first having obtained and paid for, and having in force and effect, a license therefor.
D. Amendment to Section 154-28
Section 154-28 of Article II of Chapter 154, Peddling and Soliciting, of the Town Code of the Town of Cicero, which is entitled Term of License, shall be amended by replacing the current language with the following new language:
Licenses under this article may be granted or renewed for such periods as shall be established by separate resolution of the Town Board.
ARTICLE III – EFFECTIVE DATE
This Local Law shall take effect upon filing with the Secretary of State.
Local Law No. 5 of 2010 07/14/10
Local Law Filing – Town of Cicero
Local Law No. 5 of the year 2010.
A local law amending the Cicero Community Center Campus Planned Unit Development District, Phase II, to approve a development plan for a portion of the campus.
Be it enacted by the Town Board of the Town of Cicero as follows:
Section I
The Town Board of the Town of Cicero hereby amends the Cicero Community Center Campus Planned Unit Development District, Phase II, by approving the following drawings and plans, which constitute a development plan for a portion of the Cicero Community Center Campus:
Drawings and Plans prepared by LJR Engineering, P.C., consisting of 14 sheets:
1. Title Page
2. General Plan – Cicero Commons P.U.D. dated 05/26/10
3. Existing Conditions & Demolition Plan, dated 05/06/10
4. Site Plan, dated 05/05/10
5. Landscaping Plan, dated 05/05/10
6. Grading and Erosion Control Plan, dated 05/05/10
7. Utility Plan, dated 05/05/10
8. Road Profiles and Details, dated 05/05/10
9. Future Road Profile, dated 05/05/10
10. Sanitary Sewer Profile & Details
11. Storm Sewer Profiles, dated 05/05/10
12. Storm Sewer Details, dated 05/05/10
13. Erosion Control and Stormwater Management Details, dated 05/05/10
14. Site Details, dated 05/05/10
Section II
Said approval is conditioned upon the following modifications and conditions:
1. The swale north of Unit 1 shall be either relocated or piped to reduce the steep grade adjacent to the rear of the unit.
2. A concrete footer shall be provided on the granite curbing detail.
3. The locations of the various road cross sections shall be better delineated on the referenced plans and/or road profiles.
4. The Developer shall be responsible for maintenance of the sidewalks as noted on the referenced plans, and an agreement for maintenance, prepared by the Developer, shall be reviewed and approved by the Town Attorney and the Town Board.
5. The Developer shall perform any traffic mitigation that might reasonably be required by the Department of Transportation.
6. The Town shall be granted an access easement for pedestrians and non-motorized vehicles to run along the easterly property line of the site from the southerly intersection to Meltzer Court and Jamboree Drive to the southern property line of the subject premises.
7. It shall be confirmed that the utility easements, as shown on the referenced drawings and/or plans, are in fact and/or will be dedicated to the Town and filed with the County Clerk.
8. The referenced drawings and/or plans shall be revised to reflect the utilities that are present on the site.
Section III
This Local Law shall take effect immediately upon filing in the office of the Secretary of State.
Local Law No. 4 of 2010 07/14/10
Local Law Filing – Town of Cicero
Local Law No. 4 of the year 2010.
A local law amending Chapter 190, Taxation, of the Town Code of the Town of Cicero with regard to providing for adjustments to veterans’ exemptions as a result of reassessment.
Be it enacted by the Town Board of the Town of Cicero as follows:
Pursuant to Chapter 235 of the Laws of New York, 2009, Chapter 190 of the Town Code of the Town of Cicero is to be amended as follows:
ARTICLE I – AMENDMENT PROVIDING FOR ADJUSTMENTS TO VETERANS’ EXEMPTIONS
Article III of Chapter190, Taxation, of the Town Code of the Town of Cicero, which is entitled Application for Veterans Exemption, shall be deleted in its entirety and the following shall be inserted in its place and stead:
ARTICLE III. Veterans Exemption.
§ 190-14. Statutory Authority.
The New York State Legislature has adopted, and the Governor has signed into law, Bill No. 8472-A entitled, “An Act to Amend the Real Property Tax Law in Relation to Veterans Exemptions and to Repeal Subdivision 5 of Section 458 of the Real Property Tax Law Relating Thereto.”
§ 190-15. Applicability of Statute in Town.
The provisions of Real Property Tax Law § 458, as amended, relative to veterans exemptions, shall apply to Town real property taxes levied by the Town of Cicero.
§ 190-16. Changes in assessed value of real property.
Notwithstanding the limitation on the amount of exemption prescribed in subdivision 1 or 2 of Real Property Tax Law Section 458, if the total assessed value of the real property for which such exemption has been granted increases or decreases as the result of a revaluation or update of assessments, and a material change in level of assessment is certified for the assessment roll pursuant to the State Board, the assessor shall increase or decrease the amount of such exemption by multiplying the amount of such exemption by such change in level of assessment.
§ 190-17. Option to apply for exemption after opting out.
Owners of property who previously received an exemption pursuant to Section 458 of the Real Property Tax Law but who opted instead to receive an exemption pursuant to Section 458-a of the Real Property Tax Law are hereby authorized to again receive an exemption pursuant to Section 458 of the Real Property Tax Law upon application by the owner within one year after the adoption of this article. The Assessor shall recompute all exemptions granted pursuant to this section by multiplying the amount of each such exemption by the cumulative change in level of assessment certified by the State Board of Equalization and Assessment, measured from the assessment roll immediately preceding the assessment roll on which exemptions were first granted pursuant to Section 458-a of the Real Property Tax Law; provided, however, that if an exemption pursuant to this section was initially granted to a parcel on a later assessment roll, the cumulative change-in-level factor to be used in recomputing that exemption shall be measured from the assessment roll immediately preceding the assessment roll on which that exemption was initially granted. No refunds or retroactive entitlements shall be granted.
§ 190-18. Applicability.
Such adjustments shall be made by the Assessor in the manner provided in paragraph 3 of subdivision 1 of Section 458 of the Real Property Tax Law of the State of New York, and no application therefore need be filed by or on behalf of any owner of any eligible property, except as otherwise provided therein.
ARTICLE II – EFFECTIVE DATE
This Local Law shall take effect upon filing with the Secretary of State and shall apply to assessment rolls based on taxable status dates occurring on or after such date.
Proposed Local Law #3 of 2010 - Zone Change 03/10/10
Local Law Filing – Town of Cicero
Local Law No. 3 of the year 2010.
A local law amending the Town of Cicero Zoning Ordinance.
Be it enacted by the Town Board of the Town of Cicero as follows:
The following property in the Town of Cicero, New York, presently located in the Regional Commercial district as defined in the Town of Cicero Zoning Ordinance adopted March 26, 2001, is hereby rezoned and designated General Commercial under said Ordinance, subject to all regulations created and established relative to said General Commercial district.
Tax Map No./SBL Property Address Reputed Owner
44-1-17.1 NYS Route 11 (east side) approximately between Lincoln Avenue and Stevens Drive SEAYCO-THF Cicero Market, LLC
Subject to easements and restrictions of records.
Local Law 2 of 2010 - TBA - 2/24/2010 Fergerson Road Parking 02/25/10
Local Law Filing – Town of Cicero
Local Law No. 2 of the year 2010.
A local law amending Section 198-7 of the Town Code of the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
Section 198-7 shall be amended by adding the following location in the appropriate alphabetical order:
Name of Street Side Location
Fergerson Road Both Running south from its intersection with Route 31 for a distance of 1,985 feet
This Local Law shall take effect upon filing with the Secretary of State.
LL 1 of 2010 - Cold War Veterans Real Property Tax Exemption 02/11/10
Local Law Filing – Town of Cicero
Local Law No. 1 of the year 2010.
A local law amending Chapter 190, Taxation, of the Town code of the Town of Cicero with regard to establishing a Cold War Veterans Real Property Tax Exemption.
Be it enacted by the Town Board of the Town of Cicero as follows:
ARTICLE I
AMENDMENT OF STATUTE
The New York State Legislature adopted, and the Governor signed into law, an amendment to § 458-b of the New York State Real Property Tax Law in relation to the cold war veterans exemption.
Pursuant to that bill, Paragraphs (a) and (b) of Subdivision 2 of § 458-b of the New York State Real Property Tax Law has been amended pursuant to Chapter 235 of the Laws of New York, 2009, effective January 2, 2010, to allow a Town to adopt a local law to increase the maximum exemption allowable in Paragraphs (a) and (b) of said subdivision and to allow the exemption to apply to real property held in trust solely for the benefit of Cold War veterans and to apply to that portion of cooperative apartment associations held by such veterans.
Pursuant to Chapter 235 of the Laws of New York, 2009, Chapter 190 of the Town Code of the Town of Cicero is to be amended as follows:
Section 190-59 shall be deleted in its entirety and replaced as follows:
The purpose of this article is to allow for a real property tax exemption for Cold War veterans pursuant to § 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008 and Chapter 235 of the Laws of New York, 2009.
ARTICLE II
NEW DEFINITIONS
Pursuant to Chapter 235 of the Laws of New York, 2009, Chapter 190 of the Town Code of the Town of Cicero is to be amended as follows:
Section 190-58 shall be modified by replacing the definition of “Latest State Equalization” with the following definition:
Latest State Equalization Rate
The latest final state equalization rate or special equalization rate established by the State Board pursuant to Article 12 of the New York State Real Property Tax Law. The State Board shall establish a special equalization rate if it finds that there has been a material change in the level of assessment since the establishment of the latest state equalization rate, but in no event shall such special equalization rate exceed one hundred. In the event that the state equalization rate exceeds one hundred, then the state equalization rate shall be one hundred for the purposes of § 458-b of the New York State Real Property Tax Law.
ARTICLE II
MAXIMUM AMOUNT OF EXEMPTION ALLOWABLE
Pursuant to Chapter 235 of the Laws of New York, 2009, Chapter 190 of the Town Code of the Town of Cicero is to be amended as follows:
Section 190-59 shall be deleted in its entirety and the following inserted in its place and stead:
Pursuant to the provisions of § 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008 and Chapter 235 of the Laws of New York, 2009, the maximum veterans exemption from real property taxes allowable is as follows:
A. Qualified residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of $36,000 or the product of $36,000 multiplied by the latest equalization rate for the Town of Cicero.
B. In addition to the exemption provided by Subsection A of this section, where the Cold War veteran received a compensation rating from the United States Department of Veterans Affairs or from the United States Department of Defense because of a service-connected disability, qualified residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $120,000, or the product of $120,000 multiplied by the latest equalization rate for the Town of Cicero, whichever is less.
ARTICLE IV.
LIMITATIONS
Pursuant to Chapter 235 of the Laws of New York, 2009, Chapter 190 of the Town Code of the Town of Cicero is to be amended as follows:
Section 190-60 is modified by inserting the following additional Subsections (D) and (E):
D. Notwithstanding any other provision of law to the contrary, the provisions of this article shall apply to any real property held in trust solely for the benefit of a person or persons who would otherwise be eligible for a real property tax exemption, pursuant to this article, were such person or persons the owner or owners of such real property.
E. Cooperative Apartments
(a) For the purposes of this article, title to the portion of real property owned by a cooperative apartment corporation in which a tenant-stockholder of such corporation resides and which is represented by his or her share or shares of stock in such corporation as determined by its or their proportional relationship to the total outstanding stock of the corporation, including that owned by the corporation, shall be deemed to be vested in such tenant-stockholder.
(b) Provided that all other eligibility criteria of this section are met, that proportion of the assessment of such real property owned by a cooperative apartment corporation determined by the relationship of such real property vested in such tenant-stockholder to such real property owned by such cooperative apartment corporation in which such tenant-stockholder resides shall be subject to exemption from taxation pursuant to this article and any exemption so granted shall be credited against the assessed valuation of such real property; the reduction in real property taxes realized thereby shall be credited by the cooperative apartment corporation against the amount of such taxes otherwise payable by or chargeable to such tenant-stockholder.
(c) Notwithstanding paragraph (b) of this subsection, a tenant-stockholder who resides in a dwelling that is subject to the provisions of either Article two, four, five or eleven of the New York State Private Housing Finance Law shall not be eligible for an exemption pursuant to this article.
ARTICLE V.
EFFECTIVE DATE
This Local Law shall take effect upon filing with the Secretary of State and shall apply to assessment rolls based on taxable status dates occurring on or after such date.
Local Law 16-2009 Cold War Veterans Exemption 08/25/09
Local Law Filing – Town of Cicero
Local Law No. 16 of the year 2009.
A local law amending Chapter 190, Taxation, of the Town Code of the Town of Cicero with regard to establishing a Cold War Veterans Real Property Tax Exemption.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 190 of the Town Code of the Town of Cicero is hereby amended by adding the following:
ARTICLE XI
Cold War Veterans Exemption
Section 190-55. Purpose.
The purpose of this Article is to allow for a real property tax exemption for Cold War Veterans pursuant to Section 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008.
Section 190-56. Definitions.
As used in this Article, the following words shall have the meanings indicated:
COLD WAR VETERAN – a person, male or female, who served on active duty in the United States Armed Forces during the time period from September 2, 1945 to December 26, 1991, and was discharged or released therefrom under honorable conditions.
ARMED FORCES – the United States Army, Navy, Marine Corps, Air Force, and Coast Guard.
ACTIVE DUTY – full-time duty in the United States Armed Forces, other than active duty for training.
SERVICE-CONNECTED – with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.
QUALIFIED OWNER – a Cold War Veteran, the spouse of a Cold War Veteran, or the un-remarried surviving spouse of a deceased Cold War Veteran. Where property is owned by more than one Qualified Owner, the exemption to which each is entitled may be combined. Where a veteran is also the un-remarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
QUALIFIED RESIDENTIAL REAL PROPERTY – property owned by a Qualified Owner which is used exclusively for residential purposes, provide, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this Article. Such property shall be the primary residence of the Cold War Veteran or the un-remarried surviving spouse of a Cold War Veteran, unless the Cold War Veteran or un-remarried surviving spouse is absent from the property due to medical reasons or institutionalization.
LATEST EQUALIZATION RATE – the latest final equalization rate established by the State Board pursuant to Article Twelve of the New York State Real Property Tax Law.
Section 190-57. Amount of exemption.
Pursuant to the provisions of Section 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008, the maximum veterans exemption from real property taxes allowable is as follows:
A. Qualified Residential Real Property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property, provided, however, that such exemption shall not exceed the lesser of $12,000.00 or the product of $12,000.00 multiplied by the Latest Equalization Rate for the Town of Cicero.
B. In addition to the exemption provided by subsection A of this Section, where the Cold War Veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of Service-Connected disability, Qualified Residential Real Property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War Veteran disability rating, provided, however, that such exemption shall not exceed $40,000.00, or the product of $40,000.00 multiplied by the Latest Equalization Rate for the Town of Cicero, whichever is less.
Section 190-58. Limitations.
A. If the Cold War Veteran receives an exemption under any other Section of the Real Property Tax Law that provides for a veterans exemption, the Cold War Veteran shall not be eligible to receive the exemption under this Article.
B. The exemption allowed under this Article shall be granted for a period of ten (10) years. Where a Qualified Owner owns Qualified Residential Real Property on the effective date of this Article, such ten (10) year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this Article. Where a Qualified Owner does not own Qualified Residential Real Property on the effective date of this Article, such ten (10) year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of Qualified Residential Real Property, provided, however, that should the Veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty (60) days after the date of purchase of residential real property, such ten (10) year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten (10) year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this Article for the unexpired portion of the ten (10) year exemption period.
C. Application for exemption shall be made by the owner, or all of the owners of the property on a form prescribed by the State Board. The owner or owners shall file the completed form in the Assessor’s Office on or before the first appropriate taxable status date. The exemption shall continue in full force and effect for all appropriate subsequent tax years and the owner or owners of the property shall not be required to re-file each year. Applicants shall be required to re-file on or before the appropriate taxable status date if the percentage of disability percentage increases or decreases or may re-file if other changes have occurred which affect qualification for an increased or decreased amount of exemption. Any applicant convicted of willfully making any false statements in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.
Section 190-58. Effective Date.
This Local Law shall take effect upon filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring after filing with the Secretary of State.
Proposed Local Law Cold War Veterans Exemption 08/21/09
Local Law Filing – Town of Cicero
Local Law No. ___ of the year 2009.
A local law amending Chapter 190, Taxation, of the Town Code of the Town of Cicero with regard to establishing a Cold War Veterans Real Property Tax Exemption.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 190 of the Town Code of the Town of Cicero is hereby amended by adding the following:
ARTICLE XI
Cold War Veterans Exemption
Section 190-55. Purpose.
The purpose of this Article is to allow for a real property tax exemption for Cold War Veterans pursuant to Section 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008.
Section 190-56. Definitions.
As used in this Article, the following words shall have the meanings indicated:
COLD WAR VETERAN – a person, male or female, who served on active duty in the United States Armed Forces during the time period from September 2, 1945 to December 26, 1991, and was discharged or released therefrom under honorable conditions.
ARMED FORCES – the United States Army, Navy, Marine Corps, Air Force, and Coast Guard.
ACTIVE DUTY – full-time duty in the United States Armed Forces, other than active duty for training.
SERVICE-CONNECTED – with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.
QUALIFIED OWNER – a Cold War Veteran, the spouse of a Cold War Veteran, or the un-remarried surviving spouse of a deceased Cold War Veteran. Where property is owned by more than one Qualified Owner, the exemption to which each is entitled may be combined. Where a veteran is also the un-remarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
QUALIFIED RESIDENTIAL REAL PROPERTY – property owned by a Qualified Owner which is used exclusively for residential purposes, provide, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this Article. Such property shall be the primary residence of the Cold War Veteran or the un-remarried surviving spouse of a Cold War Veteran, unless the Cold War Veteran or un-remarried surviving spouse is absent from the property due to medical reasons or institutionalization.
LATEST EQUALIZATION RATE – the latest final equalization rate established by the State Board pursuant to Article Twelve of the New York State Real Property Tax Law.
Section 190-57. Amount of exemption.
Pursuant to the provisions of Section 458-b of the New York State Real Property Tax Law, as amended by Chapter 6 of the Laws of New York, 2008, the maximum veterans exemption from real property taxes allowable is as follows:
A. Qualified Residential Real Property shall be exempt from taxation to the extent of ten percent (10%) -OR- fifteen percent (15%) of the assessed value of such property, provided, however, that such exemption shall not exceed the lesser of $4,000/$6,000/$8,000 -OR- $6,000/$9,000/$12,000.00 or the product of $4,000/$6,000/$8,000 -OR- $6,000/$9,000/$12,000.00 multiplied by the Latest Equalization Rate for the Town of Cicero.
B. In addition to the exemption provided by subsection A of this Section, where the Cold War Veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of Service-Connected disability, Qualified Residential Real Property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War Veteran disability rating, provided, however, that such exemption shall not exceed $20,000/$30,000/$40,000, or the product of $20,000/$30,000/$40,000 multiplied by the Latest Equalization Rate for the Town of Cicero, whichever is less.
Section 190-58. Limitations.
A. If the Cold War Veteran receives an exemption under any other Section of the Real Property Tax Law that provides for a veterans exemption, the Cold War Veteran shall not be eligible to receive the exemption under this Article.
B. The exemption allowed under this Article shall be granted for a period of ten (10) years. Where a Qualified Owner owns Qualified Residential Real Property on the effective date of this Article, such ten (10) year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of this Article. Where a Qualified Owner does not own Qualified Residential Real Property on the effective date of this Article, such ten (10) year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of Qualified Residential Real Property, provided, however, that should the Veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty (60) days after the date of purchase of residential real property, such ten (10) year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten (10) year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this Article for the unexpired portion of the ten (10) year exemption period.
C. Application for exemption shall be made by the owner, or all of the owners of the property on a form prescribed by the State Board. The owner or owners shall file the completed form in the Assessor’s Office on or before the first appropriate taxable status date. The exemption shall continue in full force and effect for all appropriate subsequent tax years and the owner or owners of the property shall not be required to re-file each year. Applicants shall be required to re-file on or before the appropriate taxable status date if the percentage of disability percentage increases or decreases or may re-file if other changes have occurred which affect qualification for an increased or decreased amount of exemption. Any applicant convicted of willfully making any false statements in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law.
Section 190-58. Effective Date.
This Local Law shall take effect upon filing with the Secretary of State and shall apply to assessment rolls prepared on the basis of taxable status dates occurring after filing with the Secretary of State.
Local Law 14 of 2009 regarding the abatement of hazardous and noxious brush, grass, rubbish and weeds 08/06/09
Local Law Filing – Town of Cicero
Local Law No. 14 of the year 2009.
A local law adding a new Chapter 66 to the Code of the Town of Cicero regarding the abatement of hazardous and noxious brush, grass, rubbish and weeds.
Be it enacted by the Town Board of the Town of Cicero as follows:
A new Chapter 66 shall be added to the Code of the Town of Cicero as follows:
Section 66-1. Policy and intent.
A. It is hereby declared to be the policy of the Town of Cicero to provide for the appropriate use of land to prevent unhealthy, hazardous, or dangerous conditions due to accumulated brush, grass, rubbish, and weeds, or the growth of noxious plants, in a manner that protects the public health, safety and general welfare.
B. In enacting this legislation, the Town seeks to remove threats to the public health, safety and general welfare by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish, weeds, and poisonous or noxious plants, and upon a default by the Owner to remove such a threat to the public health, safety and general welfare, to cause the same to be done and assess the costs against the properties upon which such conditions are found.
Section 66-2. Definitions.
As used in this Chapter, the following terms shall have the following meanings:
BRUSH – Uncultivated woody shrubs and immature trees.
GRASS – Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. Grass may also be used for ground covering for the establishment of drainage swales, flood routes or water detention basins.
OWNER – Includes an individual or individuals, society, club, firm, partnership, corporation or any other association of persons or entity of any kind. The singular number shall include the plural number.
NOXIOUS PLANTS – those plants that are dangerous to the physical health of humans, animals or plants, or capable of causing damage to humans, animals or plants. Noxious plants shall include, but not be limited to, poison ivy, multiflora rose, and Japanese knotwood.
WEEDS – Wild, useless and generally undesirable plants growing at random in inappropriate locations.
Section 66-3. Duty of owner.
A. It shall be a violation of this Chapter for the Owner of any real property in the Town of Cicero to permit or maintain on any such lot or land, inclusive of the land between the curbline and the lot line, any growth of brush, grass, weeds or noxious plants higher than ten (10) inches on average.
B. For purposes of this Chapter, the obligation and responsibility of the Owner to ensure compliance with this Chapter shall not be altered or affected by any agreement or contract by and between the Owner and any occupant, possessor or tenant of the real property.
Section 66-4. Exceptions.
A. The provisions of Section 66-3(B) of this Chapter related to the growth of brush, grass, weeds or noxious plants shall not apply to any lot or land which are:
1. under cultivation in a good or husbandry-like manner; or
2. from which crops are regularly grown for actual use; or
3. natural open space areas; or
4. to a portion of a subdivision which is actively under construction and is less than seventy-five percent (75%) complete.
B. Special consideration. Special consideration shall be given to individuals who are elderly, disabled or otherwise incapable of immediate compliance with the provisions of this Chapter. If it is determined that an individual cannot maintain a reasonable level of upkeep of real property and special consideration is warranted, enforcement may be suspended to give the person adequate time to correct the problem. Application of this Section shall be within the reasonable discretion of a Code Enforcement Officer.
Section 66-5. Notice of failure to comply.
A. If any of the provisions of this Chapter are not complied with, a Code Enforcement Officer shall serve written notice and an order to remedy such violation either (i) personally upon the Owner of the real property; or (ii) by certified mail, return receipt requested, and by regular mail, addressed to the last known address of the Owner as on file with the Receiver of Taxes, and post in a conspicuous place on the real property.
B. Service of notice upon any Owner of land or the designated person to receive process as provided by law, by either manner specified in Section 66-5(A), shall suffice for the purposes of this Chapter.
Section 66-6. Work done by Town; costs to become a lien.
A. If the Owner, upon proper service of a notice, neglects or refuses to comply with the notice within ten (10) days of service, or, if such notice was served by certified and regular mail and by posting, within fifteen (15) days of service, the Town shall cause such brush, grass, rubbish, weeds or noxious plants on such real property to be cut and removed. The actual cost of such cutting and removal, and grading if necessary, plus a twenty-five percent (25%) fee for inspection and administrative overhead, shall be certified to the Town Clerk and shall thereupon become a lien upon the real property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
B. Whenever the Town has invoked this Section 66-6, the Town Clerk shall cause a notice of intent to levy such costs and expenses against said real property, in a form approved by resolution of the Town Board, to be recorded in the records of the Onondaga County Clerk’s Office in order that such notice shall be indexed against the real property as notice to subsequent transferees or others acquiring any interest in said real property the intention by the Town to assess and levy the amount of such expenses upon said real property. Any recording fees shall be included in the costs and expenses assessed and levied upon such real property. The failure of the Town Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses against such real property, the Owners thereof or any subsequent transferees or others acquiring any interest in such real property.
Section 66-7. Emergency situations.
Where the violation or condition existing on the real property are of such a nature as to constitute an immediate threat to human health or safety unless abated without delay, the Town may either cause the violation to be abated or order the Owner to correct the violation within a period of time not to exceed three (3) days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this Chapter.
Section 66-8. Penalties for offenses.
A violation of this Chapter is hereby declared to be an offense, punishable by a fine not exceeding $250.00 or imprisonment for a period not to exceed fifteen (15) days, or both. Such violation shall not be a crime and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week’s continued violation shall constitute a separate and additional offense.
Section 66-9. Repeat offenses.
Where the real property was subject to a previous proceeding under this Chapter relative to a same or a similar violation within one hundred twenty (120) days prior to the recurrence of the violation, then the Town may cause the violation to be abated or order the Owner to correct the violation within a period of time not to exceed three (3) days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this Chapter.
Town Board approved 7/27/2009
Local Law 11 of 2009 Peddler/Solicitors License 08/06/09
Local Law Filing – Town of Cicero
Local Law No. 11 of the year 2009.
A local law amending Chapter 154, Peddling and Soliciting, of the Town Code of the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 154 is deleted in its entirety and the following is inserted in its place and stead:
ARTICLE I.
PEDDLING AND SOLICITING
§ 154-1. Definitions.
As used in this Article, the following terms shall have the meaning indicated:
CHARITABLE SOLICITOR – Any person or organization operating pursuant to New York State Executive Law Article 7-A.
ESTABLISHED PLACE OF BUSINESS – Includes a building or store in or where the person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for during regular business hours.
HAWKER AND PEDDLER – Includes, except as exempted under Section 154-2, any person, either principal or agent, who from any public street or public space, or by going from house to house or place of business to place of business, on foot or on or from any vehicle, sells or barters, offers to sell or barter, or carries or exposes for sale or barter any goods, wares or merchandise.
INDIVIDUAL – a natural person of either sex. For the purpose of this Article, an Individual who assists a Transient Merchant, Hawker, Peddler or Solicitor shall be deemed to be any Individual who participates in delivering merchandise or any other items sold, performs any services in or about the customer’s premises or otherwise generally renders aid or assistance, except participation in selling or soliciting orders.
PERSON – one or more natural persons, corporations, partnerships, organizations, associations, societies and all other entities of any kind.
SOLICITOR – Includes any person who goes from place to place, or house to house, or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers or milk), or for service to be performed in the future or for making, manufacturing, or repairing any article or thing whatsoever for future delivery. The term “solicitor” shall, however, also mean and include any person taking or offering to take orders for goods, wares or merchandise, books, magazines, periodicals or any other item or items of value (except newspapers or milk), or for services to be performed in the future or for making, manufacturing, or repairing any article or thing whatsoever for future delivery at the home or residence of any person who has been solicited prior thereto by telephone, or has responded to any type of advertising media requiring an appointment or consultation or sales presentation in the home or place of residence of such person.
TOWN – The Town of Cicero.
TRANSIENT MERCHANT – The same as that referred to in § 85-a of the General Municipal Law of the State of New York.
154-2. Exemptions.
A. Nothing in this Article shall be held to apply to any sale:
1. Conducted pursuant to statute or by order of any court.
2. To any Individual selling personal property at wholesale to dealers in such articles.
3. To Individuals participating in fundraising activities through an educational institution or youth group. Youth group shall include Boy Scouts, Girl Scouts, Pop Warner, Little League, and other similar groups.
4. To peddling of meats, fish, fruit and farm produce by Individuals who produce such commodities if the Individual possesses a valid license from the New York State Department of Agriculture and Markets.
5. To any honorably discharged member of the armed forces or any other Individual who has procured a license issued by the County Clerk as provided by § 32 of the General Business Law of the State of New York, however, a license pursuant to this Article shall be refused to any honorably discharged member of the armed forces who has been convicted of a felony or is required to be registered as a sex offender. A license pursuant to this Article may be refused to an honorably discharged member of the armed forces if said member has been convicted of a misdemeanor, which, in the opinion of the Town Clerk, makes the member unsuited to be awarded a license pursuant to this Article.
B. Charitable Solicitors and Individuals working for Charitable Solicitors shall also be exempt. However, Charitable Solicitors shall register annually with the Town Clerk in the event they plan to engage in vending, hawking, peddling or soliciting, and shall indicate the type of activities to be undertaken and the time when they will be performed.
§ 154-3. License required.
It shall be unlawful for any Person or Individual within the corporate limits of the Town to act as a Transient Merchant, Hawker, Peddler or Solicitor as herein defined or assist same without first having obtained and paid for, and having in force and effect, a license therefor.
§154-4. Application for license.
A. Any Person or Individual desiring to procure a license under this Article shall file with the Town Clerk a written application upon a form furnished by the Town Clerk, and shall file at the same time the following information:
1. The number and kind of vehicles to be used by the Person or Individual in carrying on the business for which the license is desired, together with license plate numbers.
2. The kind of goods, wares and merchandise the Person or Individual desires to sell or the kind of service the Person or Individual desires to perform.
3. The method of distribution.
4. The full legal name, street address, legal address, telephone number and date of birth of the Person and each Individual who will be working for the Person as a transient merchant, hawker, peddler or solicitor in the Town.
5. Whether or not the Person or Individual has been convicted of a misdemeanor or felony, and if so, give date of conviction, nature of offense, penalty imposed, and name and address of court.
6. The length of time for which the Person or Individual desires the license.
7. A copy of the Driver License or other legal form of photograph identification for each Individual who will be working for the Person as a Transient Merchant, Hawker, Peddler or Solicitor in the Town.
8. A signed waiver, in a form acceptable to the Town, authorizing a criminal history records check for each Individual who will be working for the Person as a transient merchant, hawker, peddler or solicitor in the Town.
9. Such other information as may be required by the Town Board.
B. All Individuals who will be acting as a Transient Merchant, Hawker, Peddler or Solicitor, or assisting a Transient Merchant, Hawker, Peddler or Solicitor, are required to obtain a license under this Article. It is not sufficient for a Person to obtain a license in the name of the Person without also obtaining a license for every Individual working for or on behalf of the Person who will be acting as a Transient Merchant, Hawker, Peddler or Solicitor.
C. If applicable, such application shall be accompanied by a certificate from the Director of Weights and Measures of the county certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
D. It shall be unlawful to make false statements on a license application.
§ 154-5. Bonds; when required.
An application for a license as a Solicitor who demands, accepts or received payment or deposit of money in advance of final delivery shall also be accompanied by a cash deposit of $5,000 surety company bond or other bond secured by sufficient collateral, said bond to be approved by the Attorney for the Town as to form and surety conditioned for making a final delivery of the goods, wares or merchandise ordered, or services, to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order by refunded. Any person aggrieved by the action of any Solicitor shall have the right by action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and, in case of a cash deposit, such deposit shall be retained by the town for a period of 90 days after the expiration of any such license, unless sooner released by the Town Board.
§ 154-6. Issuance or Refusal of License.
A. Upon the filing of the application, bond (if applicable) and certificate(s) as provided in the preceding Section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 154-3 unless the license is refused pursuant to subsection B, below.
B. The Town Clerk shall refuse a license to any Person or Individual who fails to comply with Section 154-4. A license shall also be refused if the Person or Individual has been convicted of a felony or is required to be registered as a sex offender. A license pursuant to this Article may also be refused to a Person or Individual has been convicted of a misdemeanor, which, in the opinion of the Town Clerk, makes the Person or Individual unsuited to be awarded a license pursuant to this Article. If an Individual working for a Person has been refused a license due to conviction of a misdemeanor or felony, or because the Individual is required to be registered as a sex offender, that Individual shall not be permitted to act as a hawker, peddler, solicitor or transient merchant in the Town, however, the status of that Individual shall not prohibit the Person, or other employees of the Person, from obtaining a license.
C. Any Person or Individual who has been refused a license by the Town Clerk may apply to the Town Board for a license under this Article, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137.
D. Each license granted shall contain the name of the Person; the name of the Individuals working for the Person, if applicable; the date of issuance; the date of expiration; the purpose for which the license was issued; and a license number assigned by the Town Clerk. The license shall contain the seal of the Town. A copy of each individual licensee’s Driver License or other legal form of photograph identification, also containing the seal of the Town, shall be attached to the license.
§ 154-7. Use of license by another person prohibited.
Any holder of any license issued under this Article who permits it to be used by any other Person or Individual, and any Person or Individual who uses such license granted to any other Person or Individual, shall each be guilty of a violation of this Article as well as applicable provisions of the New York State Penal Code, as amended.
§ 154-8 Lost or destroyed licenses; issuance of duplicate.
A. Whenever a license shall be lost or destroyed on the part of the licensee or his agent or employee, a duplicate in lieu thereof, under the original application, bond, and certificate(s) may be issued by the Town Clerk upon the filing with the Town Clerk by the licensee an affidavit setting forth the circumstances of the loss, and what search efforts have been made for its recovery.
B. A fee for the replacement of lost or destroyed licenses shall be established by separate resolution of the Town Board.
§ 154-9. Contents and form of license.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
§ 154-10. Term of license.
Such license shall be for a term of thirty (30) days unless a lesser time is specified by the applicant. The Town Clerk may issue a renewal license, for a period of thirty (30) days, no more than twice during any calendar year.
§ 154-11. Exhibition of license.
Every licensee, while exercising his or her license, shall carry the license with him or her and shall promptly exhibit the same upon demand.
§ 154-12. Fees.
A. The license fee for each Person licensed as a Transient Merchant, Hawker, Peddler or Solicitor shall be an amount as established by resolution of the Town Board.
B. The license fees for criminal background checks for each Individual obtaining a license pursuant to this Article shall be established by separate resolution of the Town Board.
C. The fee for replacement and renewal licenses shall be established by separate resolution of the Town Board.
§ 154-13. Suspension and Revocation of license.
A. A license may be suspended pending a public hearing as set forth in subsection B, below, upon discovery that a Person or Individual who has been issued a License is in violation of this Article. The license may be suspended by the Town Clerk upon reasonable suspicion of a violation of this Article.
B. The Town Clerk shall promptly notify the Town of Cicero Police Department and the Town Board of any license suspension. The Town Board shall hold a public hearing, upon five days’ notice in the official Town newspaper, as soon as possible after the Town Clerk has suspended a License. A license may be revoked after the public hearing as provided in Article 9 of the Town Law.
§ 154-14. Prohibited acts under this Article.
A. It shall be unlawful to enter upon private property for the purpose of acting as a Transient Merchant, Hawker, Peddler or Solicitor before the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of any day except upon the invitation of the householder or occupant, or on a federally recognized holiday except upon the invitation of the householder or occupant.
B. It shall be unlawful to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: “No Peddlers,” “No Solicitors,” “No Agents,” or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.
C. It shall be unlawful to peddle, vend, or sell goods or wares within 200 feet of any place occupied exclusively as a public or private school or for school purposes, nor shall he permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.
D. It shall be unlawful to falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale. No Individual shall by any trick or device or by any false representation obtain or attempt to obtain admission to the house or garage of any person or corporation in the town.
E. No Individual shall violate Chapter 143, Noise, of the Code of the Town of Cicero, as amended.
F. It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street, sidewalk or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
G. It shall be unlawful to represent or state or otherwise indicate that one is not intending to sell or otherwise enter into a contract with any person in the household.
H. It shall be unlawful to, in order to effectuate or assist in any sale or solicitation, represent that one is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
§154-15. Contracts and sales void.
Any contract or sale made in violation of Section 154-14, Subsections D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the Peddler or Solicitor and his or her principal.
§154-16. Form of orders.
All orders taken by Solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, made in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit is paid to the Solicitor.
§ 154-17. Records.
The Town Clerk shall keep a record of all applications and of all licenses granted under the provisions of this Article, giving the number and date of each license, the fee paid and the date of all suspensions and revocations.
§ 154-18. Penalties for Offenses.
A. A violation of any of the provisions of this Article shall constitute an offense punishable either:
1. By the imposition of a fine not exceeding $350.00 or imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five (5) years, by a fine of not less than $350.00 but no more than $700.00, or imprisonment for a period not exceeding fifteen (15) days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five (5) years, by a fine of not less than $700.00 but no more than $1,000.00, or imprisonment for a period not exceeding six (6) months, or both; and/or
2. By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. Each week’s continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
§ 154-19. Previous Licenses
A valid license issued prior to the effective date of this legislation shall remain in full force and effect. Any renewal or subsequent license application shall be subject to the requirements of this legislation.
ARTICLE II.
SEASONAL SALE OF FOOD
FROM FIXED OUTDOOR LOCATIONS
§ 154-20. Applicability.
This Article shall apply to the seasonal sale of food from fixed outdoor locations within the Town of Cicero. Restaurants, as defined in Chapter 210 of the Code of the Town of Cicero, shall not be required to obtain a license pursuant to this Article. Concession sales at school-sponsored events shall also not be required to obtain a license pursuant to this Article.
§154-21. Definitions.
FOOD VENDOR – Includes any person, either principal or agent, who from any fixed location, by use of a temporary or moveable structure, or a motor vehicle of any kind, sells or barters, offers to sell or barter, or exposes for sale food products. This shall include, but not be limited to, hot dog sales, snow cone or ice cream sales, funnel cake or fried dough sales, produce sales, and other similar sales.
INDIVIDUAL – a natural person of either sex.
PERSON – one or more natural persons, corporations, partnerships, organizations, associations, societies and all other entities of any kind.
TOWN – The Town of Cicero.
§ 154-22. License required.
It shall be unlawful for any Person or Individual within the corporate limits of the Town to act as a Food Vendor without first having obtained and paid for, and having in force and effect, a license therefore.
§154-23. Application for license.
A. Any Person or Individual desiring to act as a Food Vendor in the Town shall file with the Town Clerk a written application upon a form furnished by the Town Clerk, and shall file at the same time the following information:
1. The type of structure or motor vehicle to be used by the Food Vendor, including license plate number, if applicable.
2. The kind of food to be sold.
3. The full legal name, street address, telephone number and date of birth of the Food Vendor and each Individual who will be working for the Food Vendor in the Town.
4. A cellular telephone number for each Individual working at the structure or motor vehicle while food is being sold.
5. The length of time for which the Food Vendor desires the license.
6. A copy of the Driver License for the Food Vendor and each Individual who will be working for the Food Vendor in the Town.
7. A signed waiver, in a form acceptable to the Town, authorizing a criminal history records check for the Food Vendor and each Individual who will be working for Food Vendor in the Town.
8. Proof of consent to locate at the location from the property owner.
9. Such other information as may be required by the Town Board.
B. Food Vendors shall provide the Town with all necessary certifications and approvals from the Onondaga County Health Department.
C. It shall be unlawful to make false statements on a license application.
§ 154-24. Issuance or Refusal of License.
A. Upon the filing of the application and required information as provided in the preceding section, the Town Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 154-22., unless the license is refused pursuant to subsection B, below.
B. The Town Clerk shall refuse a license to any Person or Individual who fails to comply with Section 154-23. A license shall also be refused if the Person or Individual is required to be registered as a sex offender. A license pursuant to this Article may also be refused to a Person or Individual has been convicted of a misdemeanor or felony which, in the opinion of the Town Clerk, makes the Person or Individual unsuited to be awarded a license pursuant to this Article. If an Individual working for a Person has been refused a license due to conviction of a misdemeanor or felony, or because the Individual is required to be registered as a sex offender, that Individual shall not be permitted to work as a Food Merchant in the Town, however, the status of that Individual shall not prohibit the Person, or other employees of the Person, from obtaining a license
C. Any Person or Individual who has been refused a license by the Town Clerk may apply to the Town Board for a license, and the same may be granted or refused by the Town Board, except as prohibited by Town Law § 137.
D. Each license granted shall contain the name of the Food Vendor; the date of issuance; the date of expiration; the purpose for which the license was issued; and a license number assigned by the Town Clerk. The license shall contain the seal of the Town. A copy of the Food Vendor’s Driver License or other legal form of photograph identification, also containing the seal of the Town, shall be attached to the license.
E. The Zoning Office shall approve of each license granted under this Article.
§ 154-25. Use of license by another person prohibited.
Any holder of any license issued under this Article who permits it to be used by any other Person or Individual, and any Person or Individual who uses such license granted to any other Person or Individual, shall each be guilty of a violation of this Article as well as applicable provisions of the New York State Penal Code.
§ 154-26. Lost or destroyed licenses; issuance of duplicate.
A. Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and certification(s) may be issued by the Town Clerk upon the filing with the Town Clerk by the licensee an affidavit setting forth the circumstances of the loss, and what search effort has been made for its recovery.
B. A fee for the replacement of lost or destroyed licenses shall be established by separate resolution of the Town Board.
§ 154-27. Contents and form of license.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
§ 154-28. Term of license.
A license under this Article may be granted for a term of three (3) or one hundred twenty (120) days. The Town Clerk may issue a renewal license, for a period of thirty (30) days, no more than once during any calendar year.
§ 154-29. Exhibition of license.
Every licensee, while exercising his or her license, shall clearly exhibit the license.
§ 154-30. Fees.
A. The license fee for each Food Vendor shall be an amount as established in a separate resolution of the Town Board.
B. The license fees for criminal background checks for each Individual obtaining a license pursuant to this Article shall be established by separate resolution of the Town Board.
C. The fee for replacement and renewal licenses shall be established by separate resolution of the Town Board.
§ 154-31. Suspension and Revocation of license.
A. A License may be suspended pending a public hearing as set forth in subsection B, below, upon discovery that a Food Vendor who has been issued a License is in violation of this Article. The License may be suspended by the Town Clerk upon reasonable suspicion of a violation of this Article.
B. The Town Clerk shall promptly notify the Town Police Department, Zoning Office and the Town Board of any License suspension. The Town Board shall hold a public hearing, upon five days’ notice in the official Town newspaper, as soon as possible after the Town Clerk has suspended a License. A License may be revoked after the public hearing as provided in Article 9 of the Town Law.
§ 154-32. Prohibited acts.
A. No Food Vendor shall sell food between the hours of 9:00 p.m. and 10:00 a.m., except during festivals in the Town or Town-sponsored events.
B. No Food Vendor shall sell food within 200 feet of any place occupied exclusively as a public or private school or for school purposes. This prohibition shall not apply to concession sales during school-sponsored events.
C. No Food Vendor shall falsely or fraudulently misrepresent the quantity, character or quality of any food offered for sale.
D. No Food Vendor shall violate Chapter 143, Noise, of the Code of the Town of Cicero, as amended.
E. No Food Vendor shall obstruct any street or sidewalk for the purpose of selling or exposing for sale any food or other merchandise.
F. No Food Vendor shall, in order to effectuate or assist in any sale or solicitation, represent that he or she is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
G. No Food Vendor shall sell food products at real property zoned as Residential under the Town of Cicero Zoning Code, as amended.
H. No Food Vendor shall sell food from a location that, in the opinion of the Town Police Chief or Director of Planning obstructs traffic or otherwise creates an impediment to the public’s health and safety.
I. No Food Vendor shall operate in a manner not approved by the Town Zoning Office.
J. No Food Vendor shall commence food sales until the Zoning Office has conducted an inspection and has certified that there are no violations of applicable laws, codes, rules and regulations.
K. No Food Vendor shall display any sign, as defined in Chapter 210 of the Code of the Town of Cicero, unless such sign has been approved by the Zoning Office.
§ 154-17. Records.
The Town Clerk shall keep a record of all applications and of all licenses granted under the provisions of this Article, giving the number and date of each license, the fee paid and the date of any license suspension or revocation.
§ 154-33. Penalties for Offenses.
A. A violation of any of the provisions of this Article shall constitute an offense punishable either:
1. By the imposition of a fine not exceeding $350.00 or imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five (5) years, by a fine of not less than $350.00 but no more than $700.00, or imprisonment for a period not exceeding fifteen (15) days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five (5) years, by a fine of not less than $700.00 but no more than $1,000.00, or imprisonment for a period not exceeding six (6) months, or both; and/or
2. By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. Each week’s continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
§ 154-34. Previous Licenses
A valid license issued prior to the effective date of this legislation shall remain in full force and effect. Any renewal or subsequent license application shall be subject to the requirements of this legislation.
Article I (Hawkers/Peddlers/Solicitors)
30-day license - $50.00
Renewal license - $15.00
Replacement license - $15.00
Individual criminal background check - $10.00 per individual
Article II (Food Vendors)
3-day license - $50.00
120-day license - $200.00
Renewal license - $15.00
Replacement license - $15.00
Individual criminal background check - $10.00 per individual
Town Board approved 6/22/2009
Local Law 3 of 2008 Amendment to Chapter 168 of the registered sex ofender residency prior to 11/26/2006 08/06/09
CHAPTER 168 – SEX OFFENDER RESIDENCY RESTRICTIONS
Section 168-1 – Legislative Intent.
A. The Town Board finds that sex offenders are a significant threat to the health, safety and welfare of the community as a whole. Children in particular, because of their age and inexperience, are particularly vulnerable to the threat posed by sexual offenders.
B. The Town Board finds that Megan’s Law and the New York Sex Offender Registration Act have increased public awareness of sexual offenders because sexual offenders are required to register with authorities and that information available to the general public.
C. A local law that will restrict the potential contact between registered sexual offenders and children reduces the opportunity and temptation for sexual offenders and is rationally related to minimizing the risk of repeated sexual offenses against minors.
D. The Town finds that the most significant threat to the health, safety and welfare of the community and children comes from those sex offenders designated as “Level 2” or “Level 3” offenders under Article 6-C of the New York State Correction Law.
E. In enacting this local law, the Town Board intends to exercise the authority granted to it under the New York State Constitution, the Municipal Home Rule Law, the Town Law, and any other applicable or successor law, presently in existence or enacted in the future, to protect the health, safety and welfare of the community, and especially children, from registered sexual offenders.
F. The Town Board finds, after careful consideration and due deliberation, that this local law is the most narrowly tailored means of limiting the opportunity for registered sexual offenders to come into contact with children in the places where children generally congregate. Further, the Town Board finds that the protection of the community, in particular children, is a compelling governmental interest.
G. The Town Board understands that even with the adoption of this local law, it cannot fully remove the threat posed by sex offenders, guarantee the safety of the community or minors, or guarantee that registered sexual offenders will comply with this legislation.
H. The Town Board’s intent in adopting this local law is to create a civil, non-punitive regulatory scheme that will protect the community and children to the extent possible under the circumstances. This local law is not a punitive measure.
Section 168-2 – Definitions.
As used in this Article, the following terms shall have the meanings indicated:
CHILD or CHILDREN – Person(s) under the age of eighteen (18) years.
DAY-CARE CENTER(S) – Any establishment where a child or children are cared for on a regular basis at a site away from the child’s residence for less than twenty-four (24) hours per day by someone other than the parent, step-parent, guardian or relative of the child, whether or not such service is provided for compensation of any kind. Day-care centers shall include, but are not limited to: after-school programs, school-age day-care programs, facilities defined in Sections 390 and 410-p of the New York State Social Services Law, or any other applicable or successor law. For the purposes of this Article “day-care center” shall not apply to services provided in a private dwelling, unless a substantial portion of the lot where the dwelling is located, as determined by the Director of Zoning and Planning, has been converted to such use.
MINOR – Persons under eighteen (18) years of age.
PARK – Active and passive public land designated for recreational or athletic use by the Town of Cicero, County of Onondaga or State of New York, United States of America or other governmental subdivision, and located within the Town of Cicero, exclusive of the Village of North Syracuse. For the purposes of this Article, “Park” includes beaches.
PLAYGROUND – Public land designated for recreational or athletic purposes by any school district, library district, Town of Cicero, County of Onondaga, State of New York, United States of America or other governmental subdivision and located within the Town of Cicero, exclusive of the Village of North Syracuse.
REGISTERED SEXUAL OFFENDER – An individual designated as a “Level 2” or “Level 3” sexual offender and who is required to register with the New York State Division of Criminal Justice Services, or other agency having jurisdiction, pursuant to the provisions of Article 6-C of the New York State Correction Law or other applicable or successor law, whether or not the sexual offender has actually registered in compliance with the law or order of the court of competent jurisdiction.
RESIDENCE – The place where a person sleeps, which may include more than one location, and may be mobile or transitory.
SCHOOL – Any portion of private or public land, buildings or structures utilized primarily for public or private education, as defined by the New York State Department of Education and/or the New York State Education Law, and includes, but is not limited to, pre-schools, kindergartens and nursery schools, elementary, primary, intermediate, junior high, middle or secondary schools, high schools, vocational and special education schools. For purposes of this Article, “School” shall also include a teen center such as the CanTeen.
Section 168-3 – Residency Restrictions.
It shall be unlawful for a Registered Sexual Offender to establish or maintain a residence within:
A. A one (1) mile radius of the main, secondary or tertiary entrances of any school or day-care center.
B. A fifteen Hundred (1,500) foot radius of the main, secondary or tertiary entrances of any park or playground.
Section 168-4 – Exemptions.
This Article shall not apply to a Registered Sexual Offender under the following circumstances:
A. A school, day-care center, park, or playground is newly located after the adoption of this local law, and the Registered Sexual Offender has already established a residence within a distance from the school, day-care center, park or playground that is prohibited by this local law.
B. If the Registered Sexual Offender is required to reside at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction.
C. The Registered Sexual Offender established the residence prior to November 29, 2006.
Section 168-5 – Enforcement and Penalties.
A. A Registered Sexual Offender who resides within an area prohibited by this Article shall, upon written notice from the Chief of Police, permanently discontinue said residence within six (6) months of receipt of such notice. The notice shall be in a form acceptable to the Chief of Police, shall include a copy of this local law, and shall be mailed to the Registered Sexual Offender by the Police Department by certified or registered mail, return receipt requested, and by regular mail. Proof that the Registered Sexual Offender has permanently relocated shall be provided by the Offender to the Chief of Police within thirty (30) days of such relocation.
B. In the event that a Registered Sexual Offender fails, refuses and/or neglects to relocate or otherwise does not cease using the residence, then he or she shall be deemed to have committed a violation of this Article. A violation of this Article shall be a Class A Misdemeanor, punishable by a fine of up to $500.00 and fifteen (15) days’ imprisonment, or both, for a first offense, and up to a fine of $1,000.00 and six months’ imprisonment for a second offense. Each week’s continued violation shall constitute a separate offense.
Section 168-6 – Severability.
If any part or provision of this local law or the application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances.
Section 168-7 – Effective Date.
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State.
Approved Special Town Board Meeting Minutes, January 11, 2008.
Local Law 23 of 2008 Senior Citizen exemption and the person with disabilities and limited income exemption 08/06/09
Local Law Filing – Town of Cicero
Local Law No. 23 of the year 2008.
A local law amending Chapter 190, Taxation, of the Town Code of the Town of Cicero with regard to income calculations for the Senior Citizen Exemption and the Persons with Disabilities and Limited Incomes Exemption.
Be it enacted by the Town Board of the Town of Cicero as follows:
ARTICLE I
INCOME CALCULATIONS FOR THE SENIOR CITIZEN EXEMPTION.
Chapter 190 of the Town Code of the Town of Cicero is hereby amended as follows:
Section 190-2. Limitations on exemption. Subsection (A) is modified by inserting the following additional text at the end of Subsection (A):
(1) As prescribed by New York State Real Property Tax Law Section 467, all out-of-pocket medical and prescription drug expenses actually paid which were not paid for by another party or reimbursed by insurance shall be excluded from the definition of “income” for the purpose of determining eligibility for the senior citizen partial real property tax exemption. Proof of the expenses and reimbursement must be submitted with the application by the applicable deadline.
(2) As prescribed by New York State Real Property Tax Law Section 467, veteran’s disability compensation, as defined under Title 38 of the United States Code, shall be excluded from the definition of “income” for the purpose of determining eligibility for the senior citizen real property tax exemption. Proof of the expenses and reimbursement must be submitted with the application by the applicable deadline.
ARTICLE II
INCOME CALCULATIONS FOR THE PERSONS WITH
DISABILITIES AND LIMITED INCOMES EXEMPTION
Chapter 190 of the Town Code of the Town of Cicero is hereby further amended as follows:
Section 190-33. Exemption granted. is modified by inserting the following additional text:
As prescribed by New York State Real Property Tax Law Section 459-c, all out-of-pocket medical and prescription drug expenses actually paid which were not paid for by another party or reimbursed by insurance shall be excluded from the definition of “income” for the purpose of determining eligibility for the persons with disabilities and limited incomes partial real property tax exemption. Proof of the expenses and reimbursement must be submitted with the application by the applicable deadline.
ARTICLE III
EFFECTIVE DATE
This local law shall become effective upon filing with the Secretary of State.
Town Board approved 11/24/2008
Local Law regulating Wind Energy Conversion Systems in the Town of Cicero 07/16/09
Local Law Filing
Town of Cicero
Local Law No. ___ of the year 2008
A local law regulating Wind Energy Conversion Systems in the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
ARTICLE I
Purpose
The purpose of this local law is to promote the effective and efficient use of the Town’s wind energy resources through Wind Energy Conversion Systems (WECS) and to regulate the placement of WECS in a manner that does not jeopardize the public health, safety or welfare. This local law shall strive to provide adequate regulations to properly site WECS in a manner that mitigates potential negative impacts associated with WECS. The demand in the Town for WECS has been for those that produce relatively small amounts of electrical power for on-site use. Thus, with this local law, the Town seeks to regulate WECS that are capable of producing one hundred (100) kilowatts or less of electrical power.
ARTICLE II
Authority
The Town Board adopts this local law under the authority granted by the New York State Constitution Article IX; the New York State Statute of Local Governments Section 10; the New York State Municipal Home Rule Law Sections 10, 11, 12 and 14; the New York State Town Law Article 16 and other applicable provisions of the New York State Town Law.
ARTICLE III
Findings
The Town Board finds and declares that:
• Wind energy is an abundant, renewable and non-polluting energy resource, and the conversion of wind energy to electricity may reduce dependence on nonrenewable energy sources as well as decrease the pollution associated with the use of conventional energy sources.
• The generation of electricity from properly sited WECS, including small systems, can be cost-effective. In many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
• Regulation of the siting and installation of WECS is necessary to protect the health, safety and welfare of neighboring property owners and the general public.
• WECS can result in significant aesthetic impacts because of their large size, lighting and shadow flicker effects.
• The installation of WECS can create drainage problems if not properly regulated.
• WECS technology evolves quickly and is increasingly in demand. Safer, smaller and more efficient WECS than those presently available to the public at the time this local law is adopted may be available in the near future. The Cicero Town Board wishes to grant the Planning Board the flexibility to allow for new WECS technology in the Town of Cicero that may otherwise be prohibited by strict application of this legislation.
ARTICLE IV
ESTABLISHMENT OF REGULATIONS REGARDING WIND ENERGY FACILITIES IN THE TOWN OF CICERO.
A new Chapter 207 shall be added to the Code of the Town of Cicero as follows:
Section 207-1. Purpose and intent.
The purpose of this local law is to promote the effective and efficient use of the Town’s wind energy resources through Wind Energy Conversion Systems (WECS) and to regulate the placement of WECS in a manner that does not jeopardize the public health, safety or welfare. This local law shall strive to provide adequate regulations to properly site WECS in a manner that mitigates potential negative impacts associated with WECS. The demand in the Town for WECS has been for those that produce relatively small amounts of electrical power for on-site use. Thus, with this local law, the Town seeks to regulate WECS that are capable of producing one hundred (100) kilowatts or less of electrical power.
Section 207-2. Findings.
The Town Board finds and declares that:
• Wind energy is an abundant, renewable and non-polluting energy resource, and the conversion of wind energy to electricity may reduce dependence on nonrenewable energy sources as well as decrease the pollution associated with the use of conventional energy sources.
• The generation of electricity from properly sited WECS, including small systems, can be cost-effective. In many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
• Regulation of the siting and installation of WECS is necessary to protect the health, safety and welfare of neighboring property owners and the general public.
• WECS can result in significant aesthetic impacts because of their large size, lighting and shadow flicker effects.
• The installation of WECS can create drainage problems if not properly regulated.
• WECS technology evolves quickly and is increasingly in demand. Safer, smaller and more efficient WECS than those presently available to the public at the time this local law is adopted may be available in the near future. The Cicero Town Board wishes to grant the Planning Board the flexibility to allow for new WECS technology in the Town of Cicero that may otherwise be prohibited by this legislation.
Section 207-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
BUILDING - A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattels.
HEIGHT - the height of the structure from finished grade at the base of the WECS to the furthest vertical extension of the WECS, including the tower, turbine, rotors, blades and other associated appurtenances.
OVERSPEED CONTROL – A mechanism used to limit the speed of blade rotation below the design limits of the WECS.
SITE - The parcel of land on which the WECS is to be placed.
VIEWSHED - Those points from which the WECS is visible.
WIND ENERGY CONVERSION SYSTEM (“WECS”) - A machine that converts kinetic energy in the wind to a usable form, commonly referred to as a “wind turbine” or a “windmill.” The WECS includes all parts of the system. The turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.
Section 207-4. Site plan required.
A. Installation of a WECS shall require site plan approval in accordance with the provisions of this Chapter and applicable provisions of Chapter 210. No site plan for a WECS shall be approved unless the WECS complies with the Requirements set forth in Section 207-5 and applicable provisions of Chapter 210.
B. Application. Every application for a site plan shall be made, in writing, to the Planning Board, shall be accompanied by the fees as established by the Town Board, which fees may include post-construction inspection fees if determined necessary by the Planning Board. In addition to a Site Plan Application and associated information required by Section 210-27, a WECS application and shall include the following information:
(1) A Site Plan with the information required by Section 210-27(C), and illustrating:
(a) Property line and physical dimensions of the proposed Site;
(b) Location, approximate dimensions and types of existing Buildings, structures and uses at the Site;
(c) Location and elevation of the proposed WECS;
(d) Location of all above-ground utility lines and other WECS on Site, or, within one radius of the total height of the proposed WECS, including the furthest vertical extension of the rotor assembly;
(e) Location of all transmission facilities proposed for installation, as applicable;
(f) Location of all road and other service structures proposed as part of the WECS installation, as applicable; and
(g) Lighting information, as applicable.
(2) Drawings or narrative indicating method of making the WECS inaccessible to unauthorized personnel.
(3) A written and signed statement indicating that the applicant and owner, if different, will comply with Section 207-5(A)(5).
(4) Drawings and specifications prepared and stamped by a registered professional engineer of the generator, hub and blades, and electrical support facilities, including transformers, cables and control devices.
(5) Structural drawings prepared and stamped by a registered professional engineer of the tower, including foundation design and guy wire design, as applicable. Such drawings shall evidence that the WECS complies with the NYS Building Code, other applicable regulations and sound engineering practices.
(6) A statement by a registered professional engineer certifying that the rotor and Overspeed Controls have been designed and fabricated for the proposed use in accordance with sound engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors.
(7) Project visibility map, such as a USGS or similar map, that shows the limits of the Viewshed.
(8) Photograph rendering of the WECS from at least three (3) selected locations within the Viewshed. The photographic renderings should reflect the view from residential areas or areas where large number of people will view the WECS.
(9) Information on sound generation from the WECS and associated appurtenances that indicates compliance with Cicero Town Code Chapter 143.
(10) Information on compliance with Federal Aviation Administration requirements.
(11) Evidence that the applicant has notified the utility company that it intends to establish a WECS at the site.
Section 207-5. Requirements.
A. General provisions. WECS shall comply with the following requirements:
(1) Setbacks.
(a) WECS shall be set back from any property line, above-ground utility line, other WECS or Buildings a distance greater than 105% of its overall Height.
(b) Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of the property on which the WECS is located.
(2) Lighting of WECS. WECS shall have no additional lighting unless required by the Federal Aviation Administration. If FAA rules and regulations require lighting at the WECS, such lighting shall conform with FAA standards for wattage and color.
(3) Utility notifications. For those WECS which will be inter-connected to a utility grid, the WECS shall not be inter-connected until evidence has been given that the utility company has accepted such inter-connection in writing.
(4) WECS Access. The WECS shall not be accessible to unauthorized personnel. The WECS and appurtenances shall be enclosed with a six (6) foot fence if the WECS can be climbed or WECS appurtenances are exposed at ground-level.
(5) Abatement. If a WECS are not maintained in operational condition for a period of one (1) year, the owner shall take expeditious action to remedy the situation. The Town of Cicero reserves the right to abate any hazardous situation and to pass the cost of such abatement to the owner of the WECS. If the Town determines that the WECS has been abandoned and poses a safety hazard, the WECS shall be removed within forty-five (45) days of written notice to the owner of the WECS.
(6) Height. The minimum height of the WECS rotor, blade or other moving parts shall be twenty (20) feet above the ground. The maximum height of the WECS shall be sixty (60) feet in general commercial, general commercial plus, regional commercial, and industrial districts, and shall be thirty five (35) feet in neighborhood commercial and agricultural districts.
(7) Guy wires. Anchor points for guy wires for the WECS tower shall be located a distance from the property line equal to the required building setback for the district in which the WECS is located, and not on or across any above-ground electric transmission or distribution line, or any building not solely utilized as an accessory to the WECS.
(8) Rotor safety. Each WECS must be equipped with both manual and automatic Overspeed Controls to limit the rotational speed of the blade below the design limits of the rotor.
(9) Environmental impact. The project must be viewed for visual pollution and for a possible environmental impact statement.
(10) Color. The WECS shall be matte white or galvanized metal.
(11) Noise. The WECS shall meet the requirements of Chapter 143 of the
Town Code of the Town of Cicero.
(12) Electromagnetic interference. The WECS shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to the Town Zoning Office that a WECS is causing harmful interference, the owner shall promptly mitigate the harmful interference.
(13) Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage, which sign shall be a maximum of one hundred forty four (144) square inches. There shall be no advertisement signs on the WECS.
(14) WECS shall be allowable in neighborhood commercial, general commercial, general commercial plus, regional commercial and industrial zoning districts, and in agricultural districts on Sites of two (2) acres in size or greater. WECS are prohibited in agricultural districts on Sites less than two (2) acres in size, and residential districts, except in accordance with Section 207-6(C).
(15) No more than one (1) WECS shall be permitted on a Site, and it shall be an accessory use for the Site.
(16) WECS shall be installed on the natural grade of the Site.
B. Building permit application for a WECS. Building permit applications for a WECS shall be accompanied by a plot plan not less than two (2) years old prepared by a licensed land surveyor, and in sufficient detail to clearly describe the following:
(1) Property lines and physical dimensions of the Site.
(2) Location, dimensions and types of existing structures and uses on Site.
(3) Location and elevation of the proposed WECS.
(4) Location of all above-ground utility lines on Site, or within one radius of 105% of the total height of the WECS.
(5) The make, model, picture and manufacturer’s specifications, including noise decibels.
C. Certificate of Compliance and Inspections.
(1) Each WECS shall be required to obtain a Certificate of Compliance from the Zoning Department after it has been installed. No Certificate of Compliance shall be issued unless the WECS complies with the Site Plan for the same approved by the Planning Board and the WECS is in full compliance with all other provisions of this Chapter.
(2) Prior to obtaining a Certificate of Compliance, the applicant shall submit evidence satisfactory to the Zoning Department that the WECS is not in violation of Chapter 143.
(3) All WECS towers shall be inspected annually for structural integrity by a qualified inspector, and the inspection report shall be filed with the Zoning Department within thirty (30) days of the annual anniversary date on which the WECS received a Certificate of Compliance. Any deficiencies noted by the inspector must be corrected within thirty (30) days of the inspection, and certification that the deficiency has been corrected must be provided to the Zoning Department.
Section 207-6. Exemptions.
A. Water pumpers. Non-electrical WECS used for pumping water may be exempted from the provisions of Sections 207-4 and 207-5. However, they must be sited so as any tip-over will be harmless to buildings, shall not exceed thirty five (35) feet in height, shall comply with applicable setbacks, and shall only be permitted in agricultural districts.
B. Ornamental WECS. WECS used solely for decorative or aesthetic purposes are allowable in any zoning district. Such ornamental WECS shall be no greater than six (6) feet in height in all districts except Agricultural, in which case such Ornamental WECS shall be no higher than thirty five (35) feet. Ornamental WECS shall comply with applicable setbacks, and must be sited so as any tip-over will be harmless to buildings.
C. Waivers. The Planning Board shall have the ability to waive any requirement of Section 207-4 or 207-5, including, but not limited to, the requirement that WECS are prohibited in certain districts, upon a written finding by the Zoning Department that advancements in technology make such requirement unnecessary for the preservation of the health, safety and welfare of the public. Such written finding shall detail why such requirement is unnecessary, and may be appealed to the Zoning Board of Appeals in accordance with the applicable provisions of Chapter 210 and the New York State Town Law.
Section 207-7. Violations and penalties.
A. Failure to comply with any of the provisions of this Chapter shall constitute a violation punishable either:
(1) By the imposition of a fine not exceeding $350.00 or imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five (5) years, by a fine of not less than $350.00 but no more than $700.00, or imprisonment for a period not exceeding fifteen (15) days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five (5) years, by a fine of not less than $700.00 but no more than $1,000.00, or imprisonment for a period not exceeding six (6) months, or both; and/or
(2) By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. Each week’s continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
Proposed Local Law regarding brush legislation 07/16/09
Local Law Filing – Town of Cicero
Local Law No. ___ of the year 20___.
A local law amending Chapter _____, _________________________, of the Town Code of the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
A new Chapter 66 shall be added to the Code of the Town of Cicero as follows:
Section 66-1. Policy and intent.
A. It is hereby declared to be the policy of the Town of Cicero to provide for the appropriate use of land to prevent unhealthy, hazardous, or dangerous conditions due to accumulated brush, grass, rubbish, and weeds, or the growth of noxious plants, in a manner that protects the public health, safety and general welfare.
B. In enacting this legislation, the Town seeks to remove threats to the public health, safety and general welfare by requiring owners of land to take remedial action to cut, trim or remove brush, grass, rubbish, weeds, and poisonous or noxious plants, and upon a default by the Owner to remove such a threat to the public health, safety and general welfare, to cause the same to be done and assess the costs against the properties upon which such conditions are found.
Section 66-2. Definitions.
As used in this Chapter, the following terms shall have the following meanings:
BRUSH – Uncultivated woody shrubs and immature trees.
GRASS – Herbaceous ornamental plants intended to be periodically cut close to the ground for the establishment of a lawn or ground covering. Grass may also be used for ground covering for the establishment of drainage swales, flood routes or water detention basins.
OWNER – Includes an individual or individuals, society, club, firm, partnership, corporation or any other association of persons or entity of any kind. The singular number shall include the plural number.
NOXIOUS PLANTS – those plants that are dangerous to the physical health of humans, animals or plants, or capable of causing damage to humans, animals or plants. Noxious plants shall include, but not be limited to, poison ivy, multiflora rose, and Japanese knotwood.
RESIDENTIAL DISTRICTS – Those zoning districts designated as Residential R-20, Residential R-15, Residential R-12, Residential R-10 and Multiple Residential R-M in the Town of Cicero.
WEEDS – Wild, useless and generally undesirable plants growing at random in inappropriate locations.
Section 66-3. Duty of owner.
A. It shall be a violation of this Chapter for the Owner of any real property, in a residential district, to permit or maintain on any such lot or land, inclusive of the land between the curbline and the lot line, any growth of brush, grass, weeds or noxious plants higher than ten (10) inches on average.
B. For purposes of this Chapter, the obligation and responsibility of the Owner to ensure compliance with this Chapter shall not be altered or affected by any agreement or contract by and between the Owner and any occupant, possessor or tenant of the real property.
Section 66-4. Exceptions.
A. The provisions of Section 66-3(B) of this Chapter related to the growth of brush, grass, weeds or noxious plants shall not apply to any lot or land which are:
1. under cultivation in a good or husbandry-like manner; or
2. from which crops are regularly grown for actual use; or
3. natural open space areas; or
4. to a portion of a subdivision which is actively under construction and is less than seventy-five percent (75%) complete.
B. Special consideration. Special consideration shall be given to individuals who are elderly, disabled or otherwise incapable of immediate compliance with the provisions of this Chapter. If it is determined that an individual cannot maintain a reasonable level of upkeep of real property and special consideration is warranted, enforcement may be suspended to give the person adequate time to correct the problem. Application of this Section shall be within the reasonable discretion of a Code Enforcement Officer.
Section 66-5. Notice of failure to comply.
A. If any of the provisions of this Chapter are not complied with, a Code Enforcement Officer shall serve written notice and an order to remedy such violation either (i) personally upon the Owner of the real property; or (ii) by certified mail, return receipt requested, and by regular mail, addressed to the last known address of the Owner as on file with the Receiver of Taxes, and post in a conspicuous place on the real property.
B. Service of notice upon any Owner of land or the designated person to receive process as provided by law, by either manner specified in Section 66-5(A), shall suffice for the purposes of this Chapter.
Section 66-6. Work done by Town; costs to become a lien.
A. If the Owner, upon proper service of a notice, neglects or refuses to comply with the notice within ten (10) days of service, or, if such notice was served by certified and regular mail and by posting, within fifteen (15) days of service, the Town shall cause such brush, grass, rubbish, weeds or noxious plants on such real property to be cut and removed. The actual cost of such cutting and removal, and grading if necessary, plus a twenty-five percent (25%) fee for inspection and administrative overhead, shall be certified to the Town Clerk and shall thereupon become a lien upon the real property on which such work was performed and shall be added to and become part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rates as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
B. Whenever the Town has invoked this Section 66-6, the Town Clerk shall cause a notice of intent to levy such costs and expenses against said real property, in a form approved by resolution of the Town Board, to be recorded in the records of the Onondaga County Clerk’s Office in order that such notice shall be indexed against the real property as notice to subsequent transferees or others acquiring any interest in said real property the intention by the Town to assess and levy the amount of such expenses upon said real property. Any recording fees shall be included in the costs and expenses assessed and levied upon such real property. The failure of the Town Clerk to record such notice of intent to levy shall not, however, affect or impair the validity of any lien or assessment of such costs and expenses against such real property, the Owners thereof or any subsequent transferees or others acquiring any interest in such real property.
Section 66-7. Emergency situations.
Where the violation or condition existing on the real property are of such a nature as to constitute an immediate threat to human health or safety unless abated without delay, the Town may either cause the violation to be abated or order the Owner to correct the violation within a period of time not to exceed three (3) days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this Chapter.
Section 66-8. Penalties for offenses.
A violation of this Chapter is hereby declared to be an offense, punishable by a fine not exceeding $250.00 or imprisonment for a period not to exceed fifteen (15) days, or both. Such violation shall not be a crime and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week’s continued violation shall constitute a separate and additional offense.
Section 66-9. Repeat offenses.
Where the real property was subject to a previous proceeding under this Chapter relative to a same or a similar violation within one hundred twenty (120) days prior to the recurrence of the violation, then the Town may cause the violation to be abated or order the Owner to correct the violation within a period of time not to exceed three (3) days, and upon failure to do so, the condition may be abated pursuant to and subject to the provisions of this Chapter.
2009-06-22 Zoning Code Comparison 06/24/09
The following table is an effort to compare the Town of Cicero’s current zoning ordinance with the proposed Brewerton Form-Based code.
While every effort has been made to compare the various topics, this list is not an exhaustive comparison. Instead the statements are meant to provide an overall comparison to identify how the new code differs from the current ordinance.
Download PDF: 2009-06-22 Zoning Code Comparison
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