HomeMy WebLinkAbout03-1209
No.23
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
December 9, 2003
PENSION BOARD PROCEEDINGS
DECEMBER 11, 2003
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson-Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
-Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C.
Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio-Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino-Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION PROCEEDINGS
The Planning Boardvoted to recommend their approval of the
concept and that any draft regulations would take into
COMMON COUNCIL consideration both public and private property.
CITY HALL - BUFFALO REFERRED TO THE COMMITTEE ON LEGISLATION
TUESDAY, DEC. 9, 2003
AT 2:00 P.M. NO. 3
JEFFERSON POWER WASH
PRESENT - James W. Pitts President of the Council, 1429 JEFFERSON AVE.
and Council Members Bonifacio, Coppola, , Fisher, ACCESSORY SIGN
Fontana, Franczyk, Golombek Grant, LoTempio, Martino, ITEM NO. 66, C.C.P. 11/25/2003
Pitts and Thompson - 12. The City Planning Board at its regular meeting held Tuesday,
December 2, 2003, considered the matter captioned above
ABSENT – Gray - 1 pursuant to Section 387-19 of the Buffalo Code, Application for
billboard, ground or pole sign permits.
On a motion by Mrs. LoTempio, seconded by The applicant seeks to erect an illuminated 61x9l overall
Mr.Fontana, the minutes of the stated meeting held on dimensions of a ground "ID" sign structure at 1429 Jefferson
November 25, 2003 were approved. Avenue. Under SEQR the proposed sign is considered an
FROM THE MAYOR - EXECUTIVE DEPARTMENT unlisted action which may be studied through uncoordinated
FROM THE BOARD OF PARKING review.
The Planning Board voted to reaffirm their previous approval of
NO. 1 this sign structure at the January 28, 2003 Planning Board
MANAGEMENT CONCESSION FOR THE meeting when a design and site plan public hearing was
BUFFALO GENERAL, GATES CIRCLE AND conducted.
JOHN C. GALLAGHER SR. PARKING RAMPS RECEIVED AND FILED
The existing five (5) year management concession for the
above mentioned parking ramps is about to expire. NO. 4
The Board of Parking advertised on November 3, 2003 for VINTAGE RESTAURANT
proposals to operate these facilities. A public bid opening was 245 ALLEN ST.
held at 11:00 a.m. on December 2, 2003 in 1801 City Hall. The WINE BAR
results are as follows: ITEM NO. 65, C.C.P. 11/25/2003
MONTHLY FEE The City Planning Boardat its regular meeting held Tuesday,
Pro Park, LLC Buffalo General $ 398 December 2 2003, considered the matter captioned above
465 Main Street Gates Circle 398 pursuant to Section 511-57 of the Buffalo Code, Allen Street
Buffalo NY 14203 John C. Gallagher 398 District.
$1,194 The applicant seeks convert a portion of an existing art gallery
Allright Parking Buffalo General $ 295 into a "Wine Bar" located at 245 Allen Street. Under SEQR the
107 Delaware - Suite One Gates Circle $ 295 proposed wine bar is considered an unlisted action which may
Buffalo, NY 14202 John C. Gallagher $ 295 be studied through uncoordinated review.
$ 885 The Planning Board voted to recommend approval of the wine
At its regular monthly meeting held December 3, 2003 the bar additional use.
Board of Parking voted to recommend Allright Parking Buffalo RECEIVED AND FILED
Inc. as the lowest responsible bidder, be awarded a new
management agreement for the Buffalo General, Gates Circle FROM THE OFFICE OF STRATEGIC PLANNING
and John C.Gallagher Sr. parking ramps.
Mrs. LoTempio moved: NO. 5
That the above communication from the Board of Parking dated "CITIZENS PLANNING COUNCIL (CPC)"
December 2, 2003, be received and filed; and The Office of Strategic Planning respectfully requests
That the Chairman of the Board of Parking be, and he hereby is clarification on the appointments made to the city's Citizens
authorized to award a management agreement for the Buffalo Planning Council (CPC).
General, Gates Circle and John C. Gallagher Sr. parking The Common Council has 5 appointments to the Citizens
ramps to Allright Parking Buffalo Inc., the lowest responsible Planning Council, of which three (3) are currently filled. The
bidder, in the amount of $885.00. only information forwarded to the Office of Strategic Planning,
PASSED were the names of those appointed (Thomas Vossler, Philip
AYES - 12 NOES – 0 Frandina and Anthony Williams).
However, it is necessary that clarification be addressed
FROM THE CITY PLANNING BOARD concerning the length of term for each of the members. Each
term is four (4) years in length, however, because many of the
NO. 2 previous common council appoints resigned, the council can
COUNCILMEMBER COPPOLA only approve the remainder of time from the previous
"PARKING FOR BICYCLES" appointments. The Common Council currently has two (2) -
ITEM NO. 177, C.C.P. 9/30/2003 1-Year appointments and three (3) - 3-Year appointments.
The City Planning Board at its regular meeting held Tuesday, 1 -Year terms are to expire on June 30, 2004 and 3-Year terms
December 2, 2003, considered the matter captioned above are to expire on June 30, 2006. This is in following with the City
pursuant to Section 317.1 of the City Charter, Referrable Charter, which staggers the appointments of the Citizens
Matters to the City Planning Board. Planning Council (CPC).
Councilmember Coppola is requesting that bicycle parking The Office of Strategic Planning is currently reviewing all
regulations be incorporated into our existing ordinances and appoints made to the Citizens Planning Council (CPC) and is
that these requirements be incorporated into any new parking ensuring the same requirements to those approving bodies
facility is constructed. (Mayor's Office and Board of Education). Once finalized, the
Office of Strategic Planning will forward the complete listing of The results of our negotiations are that Mr. Robles has agreed
the Citizens Planning Council to the Common Council, Mayor's and is prepared to pay four thousand five hundred dollars
Office, Board of Education and City Clerk's Office for accuracy ($4,500), five dollars and sixty cents ($5.60) per square foot for
and continuity. this house. He has also agreed to pay for the cost of transfer
REFERRED TO THE COMMITTEE ON LEGISLATION tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale
NO. 6 of 430 Massachusetts Avenue to Mr. Jose Robles in the
RESULTS OF NEGOTIATIONS amount of four thousand five hundred dollars ($4,500). 1 am
52 LIDDELL, 490'N BROADWAY further recommending that the Corporation Counsel prepare
LOT SIZE: 30'X 107' the necessary documents for the transfer of title and that the
ASSESSED VALUATION: $1,400 Mayor be authorized to execute the same.
The Office of Strategic Planning, Division of Real Estate has Mrs. Lotempio moved:
received a request to purchase 52 Liddell Street from Mr. That the above communication from the Office of Strategic
Shakeel Ahmed, 50 Liddell Street, Buffalo, New York 14212. Planning, Division of Real Estate, dated December 3, 2003, be
Mr. Ahmed owns and resides at 50 Liddell Street. He intends received and filed; and
to use 52 Liddell Street for extra yard space, which is That the offer from Mr. Jose Robles, residing at 715 Prospect
adjoining to his house. Avenue, in the sum of four thousand and five hundred dollars
The Division of Permit and Inspection Services and the ($4,500.00) for the purchase of 430 Massachusetts Avenue,
Division of Collections have no objections to the sale. There are be and hereby is accepted; and
no building code violations, taxes or other liens owed to the City That the appraisal requested by the City of Buffalo shall be paid
by the purchaser. by the purchaser; and
The Division of Real Estate has investigated the sale of similar That the transfer tax, recording fees and cost of legal
residential properties in the subject area. Sales prices range description shall be paid by the purchaser; and
from thirty cents (.30) to fifty cents (.50) per square foot. That the Corporation Counsel be authorized to prepare the
The results of our negotiations are that we have agreed to a necessary documents for the transfer of title and that the Mayor
sales price of one thousand one hundred dollars ($1,100), be authorized to execute the same, in accordance with the
thirty-five cents (.35) per square foot, for the subject property. terms of sale upon which the offer was submitted.
Mr. Ahmed has also agreed to pay for the cost of the transfer PASSED
tax, recording fees and cost of the legal description. AYES - 12 NOES - 0
Mr. Milton G. Kader, Kader Realty Associates, Inc., P.O. Box
36, Amherst, New York 14231 has requested a ten percent NO. 8
commission. RESULTS OF NEGOTIATIONS
I am recommending that Your Honorable Body approve the sale 368 NORTHAMPTON, 138' E JEFFERSON
of 52 Liddell Street in the amount of one thousand one hundred LOT SIZE: 28'X 117'
dollars ($1,100) to Mr. Shakeel Ahmed. Also, that a ASSESSED VALUATION: $1,800
commission be paid to Milton Kader in the amount of one 372 NORTHAMPTON, 194' E JEFFERSON
hundred ten dollars ($110.00). LOT SIZE: 28' X 117'
I am further recommending that the Corporation Counsel ASSESSED VALUATION: 1,800
prepare the necessary documents for the transfer of title and 374 NORTHAMPTON, 222' E JEFFERSON
that the Mayor be authorized to execute the same. LOT SIZE: 28' X 117'
REFERRED TO THE COMMITTEE ON FINANCE ASSESSED VALUATION: 1,800
The Office of Strategic Planning, Division of Real Estate has
NO. 7 received a request from Mr. Gregory Allen Hopkins, 1139
RESULTS OF NEGOTIATIONS 430 MASSACHUSETTS, 31' Eggert Road, Amherst, New York 14226, to purchase the
E EIGHTEENTH LOT: 30'X 90' ASSESSED VALUATION: above referenced vacant lots. Mr. Hopkins owns and operates
LAND: $ 3,000 an auto repair shop at 1193 Jefferson, owns 366 Northampton
IMPROVEMENT: 32,300 Street, and is in the process of purchasing 370 Northampton
TOTAL: 35,300 from a private owner. In conjunction with the properties Mr.
The Office of Strategic Planning, Division of Real Estate, has Hopkins owns and purchasing the lots referenced above, he
received a request to purchase 430 Massachusetts Avenue will square off the property line and expand his auto repair
from Mr. Jose Robles, 715 Prospect Avenue, Buffalo, New business.
York 14213. Mr. Robles intends to bring this one family house The Division of Permit and Inspection Services and the
into code compliance and use as a place of residence. Division of Collections have no objections to the sale. There are
The purchaser has provided the Division of Real Estate with a no building code violations, taxes or other liens owed to the City
plan to rehabilitate the house and proof of financial ability to by the purchaser.
complete the purchase and repairs. This property consists of a The Division of Real Estate has investigated the sale of similar
1,608 square foot two story single family frame dwelling, having residential properties in the subject area. Sales prices range
four bedrooms, one and a half bathrooms and full basement. from fifty cents ($.50) to one dollar and forty cents ($1.40) per
The condition of the property is in poor to fair condition and is square foot.
situated on a lot 30' x 90'. The results of our negotiations are that we have agreed to a
The Department of Permit and Inspection Services and the sales price of five thousand four hundred dollars ($5,400),
Division of Collections have no objections to the sale. There are fifty-five cents (.55) per square foot, for the subject properties.
no code violations, taxes or other liens owed to the City of Mr. Hopkins has also agreed to pay for the cost of the transfer
Buffalo by the purchaser. tax, recording fees and cost of the legal descriptions.
The Division of Real Estate has investigated the sale of similar I am recommending that Your Honorable Body approve the sale
houses in the subject area. Sales prices range from five dollars of 368, 372 and 374 Northampton Street in the amount of five
and sixty cents ($5.60) to twentyeight dollars and sixty cents thousand four hundred dollars ($5,400) to Mr. Gregory A.
($28.60) per square foot of living area. Hopkins. I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of 10441001 411001 $10,384.77
title and that the Mayor be authorized to execute the same. 10442001 411001 $49,038.45
REFERRED TO THE COMMITTEE ON FINANCE 10443001 411001 $36,542.93
10449001 411001 $7,466.64
FROM THE COMPTROLLER 10546001 411001 $84,225.43
10647001 411001 $70,672.32
NO. 9 10871001 411001 $80,367.85
CERTIFICATE OF NECESSITY 11150001 411001 $17,685.18
INCREASED APPROPRIATION 11252001 411001 $11,034.39
FUND BALANCE 11412001 411001 $3,739.26
VARIOUS 11475001 411001 $31,577.30
We, Anthony M. Masiello, Mayor and Andrew A. 11556001 411001 $24,739.67
SanFilippo, Comptroller, do hereby certify pursuant to 11645001 411001 $10,670.26
Section 41 of the Charter, that an increase in the sum of S 1,3 11768001 411001 $15,611.91
93,000 in the estimates for the fiscal year beginning July 1, 11781001 411001 $12,640.42
2000 is necessary in Appropriation Allotments - Prior Year's 11782001 411001 $6,532.48
Claims, Zoo and Kleinhans , to meet a contingency which could 12000001 411001 $111,967.91
not have been reasonably foreseen when the budget was 12000001 413001 $10,109.95
adopted. The amount of increased appropriation will be met 12000001 413002 $1,952.32
from 10700096 - 397000 Unreserved Fund Balance, not 12000001 413005 $4,146.15
otherwise appropriated for any other purpose. The details of the 12000001 414007 $937.11
requirements are set forth below: 12001001 411001 $594,168.32
To: 12001001 413001 $94,315.86
17221008-480205 Prior Year's Claims $1,300,000 12001001 413002 $18,213.2
17210006-435003 Zoo 68,000 12001001 413005 $38,679.5
17210006-435005 Kleinhans 25,000 12001001 414007 $8,742.34
Dated: Buffalo, NY, December 3, 2003 12003001 411001 $3,352,732.59
RECEIVED AND FILED 12003001 413001 $557,785.13
12003001 413002 $107,713.11
NO. 10 12003001 413005 $228,751.01
CERTIFICATE OF NECESSITY 12003001 414007 $51,702.29
TRANSFER OF FUNDS 12020001 411001 $48,560.75
GENERAL CITY CHARGES 12020001 413001 $7,363.16
We, Anthony M. Masiello, Mayor and Andrew A. 12002001 413002 $1,421.89
SanFilippo, Comptroller, do hereby certify, pursuant to 12002001 413005 $3,019.68
Section 20-12 of the Charter, that it is necessary that the sum 12002001 414007 $682.51
of $6,548,307.84 be transferred and reappropriated from the 12021001 411001 $199,562.58
General City Charges, as set forth below: 12021001 413001 $19,781.89
The amounts to be transferred represent monies from Salary 12021001 413002 $3,820.05
Adjustment and will be used for settled Union Contracts. 12021001 413005 $8,112.67
From: 12021001 414007 $1,833.63
17306002-Employee Benefits 429005-Salary 12022001 411001 $1,805.47
Adjustment $ 6,548,307.84 12131001 411001 $16,975.95
To: 12133001 411001 $1,749.03
Org Object Amount 12134001 411001 $1,749.03
10101001 411001 $3,3690.74 12135001 411001 $5,528.16
10102001 411001 $15,074.00 12138001 411001 $1,749.03
10103001 411001 $2,736.00 12553001 411001 $6,507.62
10104001 411001 $2,908.74 12554001 411001 $12,695.99
10105001 411001 $2,736.00 12555001 411001 $20,470.78
10106001 411001 $1,494.09 12557001 411001 $1,388.84
10107001 411001 $2,736.00 13090001 411001 $5,244.36
10108001 411001 $1,772.15 13100001 411001 $15,892.07
10109001 411001 $2,736.00 13110001 411001 $20,429.66
10110001 411001 $2,736.00 13112001 411001 $27,426.72
10111001 411001 $2,736.00 13113001 411001 $3,297.91
10112001 411001 $2,736.00 13116001 411001 $4,576.52
10113001 411001 $1,857.23 13191001 411001 $21,807.52
10114001 411001 $2,736.00 13291001 411001 $9,386.84
10220001 411001 $19,829.97 13295001 411001 $16,028.61
10221001 411001 $1,355.55 13296001 411001 $11,087.27
10301001 411001 $15,881.15 13365001 411001 $3,425.48
10309001 411001 $16,950.79 14050001 411001 $8,955.39
10311001 411001 $5,133.20 14211001 411001 $7,372.49
10312001 411001 $3,154.27 14222001 411001 $27,977.09
10313001 411001 $17,439.79 14570001 411001 $2,283.99
10314001 411001 $10,142.28 15020001 411001 $5,528.41
10318001 411001 $2,650.67 15030001 411001 $2,312.55
10319001 411001 $16,029.49 15203001 411001 $2,305.65
15501001 411001 $21,019.47 urge Your Honorable Body to strongly consider the financial
15502001 411001 $3,795.10 merits of the Regional Asset agreement with Erie County to
15507001 411001 $50,567.91 save on payments to the zoo and Kleinhans, as budgeted by
15512001 411001 $22,924.97 the administration. If the opportunity is there to reduce costs to
15560001 411001 $7,048.07 the city through this agreement, then the city must capitalize on
15574001 411001 $4,475.32 this opportunity.
16550001 411001 $28,018.41 REFERRED TO THE COMMITTEE ON BUDGET
16551001 411001 $38,243.15
TOTAL $6,548,307.84 NO 14
RECEIVED AND FILED COMPTROLLER
LETTER TO CONTROL BOARD RE
NO. 11 MUNIS SYSTEM
CERTIFICATE OF NECESSITY In order to keep the Council apprised of my communication
TRANSFER OF FUNDS with the Control Board, I am submitting for your information this
COMMON COUNCIL - LEGISLATIVE letter written to the Buffalo Fiscal Stability Authority regarding
We, Anthony M. Masiello, Mayor and Andrew A. the city MUNIS system in light of the recent questions of its
SanFilippo, Comptroller, do hereby certify, pursuant to functioning and capabilities.
§20-12 of the Charter, that it is necessary that the sum of Buffalo Financial Stability Authority
$4,000 be transferred and reappropriated within Common Market Arcade Building, Suite 200
Council Legislative, as set forth below: 716 Main Street
From: Buffalo NY 14203
10 11100 1 - 411001 Salaries - Regular $4,00 Dear Members of the Authority:
To: I would like to state for the record that the MUNIS financial
10 102001 - 412002 Legislative Hourly Salary $4,000 system is not broke or inadequate, and it is fully capable of
Dated: Buffalo, NY, December 3, 2003 providing the reports and information necessary to accurately
RECEIVED AND FILED represent the city's financial condition.
It is a disservice to MUNIS for any perception to be created that
NO. 12 it's a faulty system or that it cannot accommodate updated
CERTIFICATE OF NECESSITY budget numbers on a timely basis. It is true that we may not be
TRANSFER OF FUNDS achieving the full benefit of the MUNIS system and refinements
COMMON COUNCIL - LEGISLATIVE may be needed to insure that we fully utilize the capabilities that
We, Anthony M. Masiello, Mayor and Andrew A. are available.
SanFilippo, Comptroller, do hereby certify, pursuant to But it is very important that the BFSA understand that it would
§20-12 of the Charter, that it is necessary that the sum of be wrong to conclude, based on representations made at the
$4,965 be transferred and reappropriated within Common November 18, 2003 meeting, that MUNIS is somehow the
Council Legislative, as set forth below: reason for the incomplete or insufficient information provided to
From: the board in the city's first quarter gap sheet.
10 103001 - 411001 Salaries -Regular $3,965 I hope that my following presentation will help clear the air on
10 103001 - 415001 Auto Allowance $1,000 the MUNIS system, its pluses and minuses, and where help is
To: needed in providing more complete and timely financial data. A
10 102001 - 412002 Legislative Hourly Salary $4,965 brief history will be helpful in bringing us to the current period,
Dated: Buffalo, NY, December 4, so please allow me the opportunity to provide you that important
RECEIVED AND FILED background.
The History of MUNIS
NO. 13 Prior to the purchase of the MUNIS system the City of Buffalo
GENERAL FUND GAP SHEET used a financial system for disbursement and receipts that was
#39, C.C.P. DEC. 8,2003, 2003 developed in-house. Based on recommendations of groups
As required my office has reviewed the First Quarter 2003-04 studying the City and the fact that a new system had to be
General Fund Gap Sheet prepared by the Budget Division. We developed that was Y2K compliant, the City decided to
found no material problems with the estimates presented based purchase an integrated financial package. Requests for
on the information available for the first three months of the proposals were developed and a committee was formed to
fiscal year. The immediate concern is the $2.014 million evaluate the different systems that were under state contract.
projected budget deficit over and above the $7.811 million in The MUNIS system was chosen because it was designed
borrowing previously authorized by the BFSA to close the specifically for governments and fund accounting, the
current year gap. The obvious area of concern is overtime in purchasing component was similar to our previous system, the
the Fire Department, now projected to exceed budget by S City timekeeping system could be used to feed the payroll
1.648 million. I would encourage the administration to follow system, thus eliminating the need to train all payroll entry
through vigorously on its plan to address the Fire Department personnel in a new system, the system was fully integrated and
overtime issue. I am confident the administration will continue the cost of the system was affordable.
to closely monitor all spending in an effort to close the gap as While we had some initial implementation problems and
the winter season approaches and presents the possibilities everyone's expectations were not fully met, we were able to
the possibilities of Public Works overtime to keep the city open implement the financial system by July 1, 1999 and the payroll
for business during heavy snow periods. My office fully system by November 1, 1999. Except for the MUNIS personnel
understands the steps that have been taken, including layoffs assigned to the project, the City hired no additional consultants
and the freezing of non-essential spending, to manage the and City employees implemented the system while performing
budget deficit. However, while it may be possible as the their regular duties. Initially we had some problems with the
administration indicates to close the $2.014 million gap through treatment of converted data and controls in the system not
strict attrition, it will not happen without constant vigilance and being set up properly, so some of the end users felt the
appropriate measures to deal with contingencies. I would also information on the system was not reliable. But with time we
were able to resolve all of the inconsistencies, and when we FROM THE COMMISSIONER OF ASSESSMENT AND
closed the first year all the transactions on the system TAXATION
balanced. The system has been in balance since that time.
That is not to say everything is perfect with the system, and NO. 15
bugs have been found after upgrades that have had to be fixed, CERTIORARI PROCEEDINGS
but for the most part we have received the support we needed FEDERAL RESERVE BANK OF NEW YORK
from the company to resolve the issues in a timely manner. 160 DELAWARE AVENUE
I feel very confident that the financial information in the system This is to advise that the owner, Federal Reserve Bank of
is correct based on how the information was entered into the New York, has instituted certiorari proceedings on 160
system. The entry for cash receipts and purchase requisitions Delaware Avenue, Buffalo, New York, regarding the
is decentralized so one has to assume that the information is assessments for fiscal years 1998-99 through 2003-04. The
being entered correctly or will be corrected then the information assessments were reviewed by this Department and the
passes through the various approval levels. owner expressed a willingness to settle the proceedings.
The Budgetary Process The final assessment for 160 Delaware Avenue was
The system includes a budgetary component whereby the $5,500,000 for each year. The owner is agreeable to a
budget is developed based on detail input from end users. This settlement which would result in a reduction to $5,400,000 for
budget is rolled and changed through the five steps required by the 1999-00 tax year, $5,000,000 for the 2000-01 tax year,
the City of Buffalo Charter and culminates in the line by line $4,500,000 for the 2001-02 tax year, $4,250,000 for the
detail budget that is the final adopted budget. This budget 2002-03 tax year, and $3,500,000 for the 2003-04 tax year.
becomes the original budget for the fiscal year. Changes are The 1998-99 proceeding would be Withdrawn. The taxpayer
made throughout the year based on budget reallocations made would be entitled to a refund of $3,969.00 for the 1999-00 tax
by the Division of Budget, or increased appropriations and year, $18,835.45 for the 2000-01 tax year, $37,495.20 for the
transfers initiated by the Mayor, signed by the Comptroller and 2001-02 tax year, $44,582.76 for the 2002-03 tax year, and
passed by the Common Council. These budget changes are $37,256.03 for the 2003-04 tax year for a total refund of
presented to the Common Council on a regular basis $142,138.44. The taxpayer has agreed to waive all interest
throughout the year. Once any change is legally adopted, the provided payment is made within sixty (60) days of service of
original budget is revised to reflect the change, and all reports the Order.
generated by the system reflect the revised budget. Based upon a review of the current market value of the
In the case of the revised plan that was approved by the property, I feel this settlement would be in the best interest of
Common Council, a document that shows the increases and the City. I therefore recommend this settlement, in which the
decreases by budget line was not prepared. The document Department of Law concurs. The Federal Reserve Bank in
presented to the Common Council by the Mayor described the Buffalo has reduced -functions in the last several years. For
changes to be made, but did not present the detail that is instance, the destruction of paper money which used to be
necessary for the budget to be updated on the system. The done in Buffalo is now carried out in New Jersey. The Bank is
system will be updated as soon as the line item detail changes also no Ionger open to the public for the sale of treasury bills.
are approved by the Common Council, signed by the Mayor As a result, the building is now significantly underutilized.
and returned to the City Clerk. This proposed settlement is subject to approval by Your
This is the procedure that has always been followed for Honorable Body. I hereby request that the Corporation
changes to the budget during a fiscal year. Counsel be authorized to settle the 1998-99 through 2003-04
The MUNIS system provides many canned reports that can be certiorari proceedings on 160 Delaware Avenue by reducing
generated to provide the information you require. All reports can the 1999-00 assessment from $5,500,000 to $5,400,000, the
be downloaded to Excel, so data can be sorted or analyzed. In 2000-01 assessment from $5,500,000 to $5,000,000, the
addition, we have purchased Crystal Reports that enables 2001-02 assessment from $5,500,000 to $4,500,000, the
users to prepare their own reports from the data stored in the 2002-03 assessment from $5,500,000 to $4,250,000, and the
system. We now have four years of data in the system, so 2003-04 assessment from $5,500,000 to $3,500,000.
accounts can be analyzed for trends. This settlement is subject to approval by the Buffalo Fiscal
MUNIS has been constantly updating the product and Stability Authority.
increasing their customer base to include larger governmental REFERRED TO THE COMMITTEE ON FINANCE AND THE
entities. I don't feel the City is currently using all the functions CORPORATA COUNSEL
of the product to its fullest potential. City employees have not
had the time to reevaluate how we are using the system, FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
explore the new function added in the past few years, review AND STREETS
systems that we did not implement initially because of time
constraints, and determine if these are additional functions that No. 16
should be used or developed to improve the financial data of Notification Serial #9753
the City. Install One-Way Street Direction
I think it is time to form a committee with representation from Old South Ogden Street - northbound
various city departments including Budget and Management, from Griswold Street
Human Resources, Purchasing, Management Information to South Service Road
Systems, Audit and Accounting to review the MUNIS product, ONE-WAY STREET DIRECTION - INSTALL
develop a plan and assign personnel to work at implementing In conformity with Section 49 of Chapter 479 of the
any desired changes. Ordinances of the City of Buffalo, the City Engineer hereby
Hopefully with the guidance of the Board we will be able to notifies Your Honorable Body of this action supplementing,
review the current process and institute some refinements that amending, or repealing existing provisions of Chapter 479 of
will meet all our needs. the Ordinances, as stated below, to be effective forty five days
Anne Forti-Sciarrino after the first Council meeting at which they appear on the
City Accountant agenda as an item business. That part of Section 22 of
REFERRED TO THE COMMITTEE ON FINANCE Chapter 479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: ONE WAY after the first Council meeting at which they appear on the
STREET DIRECTION agenda as an item business.
NAME OF STREET That part of Subdivision 27 Section 15 of Chapter 479 of
Old South Ogden Street from Griswold Street to South Service Ordinances of the City of Buffalo be supplemented by adding
Road thereto the following: METERED PARKING
DIRECTION OF TRAFFIC MOVEMENT Metered Parking Locations
northbound Clinton Street, south side between Washington Street and
This action is being taken due to the reconfiguration of traffic Ellicott Street (excluding existing No Parking and No Standing
control at the intersection of South Ogden Street and Griswold areas)
Street. (see next 2 serials) Period of Metered Parking
Notification Serial #9754 2 Hour Parking 8:00 am to 5:00 pm Monday - Friday
Install One-Way Street Direction Rate of Metered Parking
South Service Road - westbound Rate C $ 1. 00 per hour 2 hour maximum
from Old South Ogden Street This action is being taken in order to provide additional on
to Willet Street street metered parking near Lafayette Square.
DIRECTION - INSTALL Notification Serial # 9757
In conformity with Section 49 of Chapter 479 of the Permissive Parking - Repeal
Ordinances of the City of Buffalo, the City Engineer hereby on Niagara Street, northeast side
notifies Your Honorable Body of this action supplementing, between West Mohawk Street
amending, or repealing existing provisions of Chapter 479 of and West Huron Street
the Ordinances, as stated below, to be effective forty five days PERMISSIVE PARKING - REPEAL
after the first Council meeting at which they appear on the In conformity with Section 49 of Chapter 479 of the
agenda as an item business. That part of Section 22 of Ordinances of the City of Buffalo, the City Engineer hereby
Chapter 479 of Ordinances of the City of Buffalo be notifies Your Honorable Body of this action supplementing,
supplemented by adding thereto the following: ONE WAY amending, or repealing existing provisions of Chapter 479 of
STREET DIRECTION the Ordinances, as stated below, to be effective forty five days
NAME OF STREET after the first Council meeting at which they appear on the
South Service Road from Old South Ogden Street to Willet agenda as an item business.
Street That part of Subdivision 25 Section 15 of Chapter 479 of
DIRECTION OF TRAFFIC MOVEMENT Ordinances of the City of Buffalo be supplemented by repealing
westbound therefrom the following: PERMISSIVE PARKING
This action is being taken due to the reconfiguration of traffic PERMISSIVE PARKING LOCATION
control at the intersection of South Ogden Street and Griswold Niagara Street, northeast side between West Mohawk Street
Street. (see previous and next serials) and West Huron Street
Notification Serial #9755 PERIOD OF PERMISSIVE PARKING - DAILY
Install Stop Signs 2 Hour Parking 7:00 am to 7:00 pm Except Sunday
in South Service Road This action is being taken in order to provide additional
at Willet Street long-term metered parking where existing short-term meters
STOP SIGNS (ALL-WAY) - INSTALL are under utilize (see next serial)
In conformity with Section 49 of Chapter 479 of the Notification Serial # 9758
Ordinances of the City of Buffalo, the City Engineer hereby Install Metered Parking
notifies Your Honorable Body of this action supplementing, on Niagara Street, northeast side
amending, or repealing existing provisions of Chapter 479 of between West Mohawk Street
the Ordinances, as stated below, to be effective forty five days and West Huron Street
after the first Council meeting at which they appear on the (excluding existing No Parking
agenda as an item business. and No Standing areas)
That part of Subdivision 9 Section 11 of Chapter 479 of PERMISSIVE PARKING - INSTALL
Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the
thereto the following: STOP SIGNS Ordinances of the City of Buffalo, the City Engineer hereby
VEHICLES ON notifies Your Honorable Body of this action supplementing,
South Service Road amending, or repealing existing provisions of Chapter 479 of
SHALL STOP BEFORE ENTERING the Ordinances, as stated below, to be effective forty five days
Willet Street after the first Council meeting at which they appear on the
This action is being taken due to the reconfiguration of traffic agenda as an item business.
control at the intersection of South Ogden Street and Griswold That part of Subdivision 27 Section 15 of Chapter 479 of
Street. (see previous 2 serials) Ordinances of the City of Buffalo be supplemented by adding
Notification Serial # 9756 thereto the following: METERED PARKING
Install Metered Parking Metered Parking Locations
on Clinton Street, south side Niagara Street, northeast side between West Mohawk Street
between Washington Street and West Huron Street (excluding existing No Parking and No
and Ellicott Street Standing areas)
(excluding existing No Parking Period of Metered Parking_
and No Standing areas) 10 Hour Parking 7: 00 am to 5:00 pm Monday - Friday
PERMISSIVE PARKING - INSTALL Rate of Metered Parking
In conformity with Section 49 of Chapter 479 of the Rate D $2.00 per day
Ordinances of the City of Buffalo, the City Engineer hereby This action is being taken in order to provide additional
notifies Your Honorable Body of this action supplementing, long-term metered parking where existing short-term meters
amending, or repealing existing provisions of Chapter 479 of are under utilize (see previous serial)
the Ordinances, as stated below, to be effective forty five days Notification Serial # 9759
Repeal Alternate Parking - Type II PROHIBITED PORTION OF HIGHWAY
Barton Street Barton Street, west side between Auburn Avenue and Lafayette
between Breckenridge Street Avenue
and Lafayette Avenue PROHIBITED PERIOD
NO PARKING (ALTERNATE - TYPE II) - REPEAL 9:00 a.m. - 4:00 p.m. Thursday, Friday
In conformity with Section 49 of Chapter 479 of the PROHIBITED PORTION OF HIGHWAY
Ordinances of the City of Buffalo, the City Engineer hereby Barton Street, east side between Auburn Avenue and Lafayette
notifies Your Honorable Body of this action supplementing, Avenue
amending, or repealing existing provisions of Chapter 479 of PROHIBITED PERIOD
the Ordinances, as stated below, to be effective forty five days 9:00 a.m. - 4:00 p.m.
after the first Council meeting at which they appear on the Monday, Tuesday, Wednesday
agenda as an item business. 9753 TO 9754 REFERRED TO THE COMMITTEE ON
That part of Subdivision 24 Section 15 of Chapter 479 of LEGISLATION, THE REMAINDER RECEIVED AND FILED
Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO PARKING NO. 17
PROHIBITED PORTION OF HIGHWAY Audit of Utility Bills
Barton Street, west side between Breckenridge Street and Item No. 146, C.C.P. 03/18/03
Lafayette Avenue The referenced item requests that the Commissioner of
PROHIBITED PERIOD Administration and Finance, and the Comptroller conduct an
9:00 a.m. - 4:00 p.m. Thursday, Friday audit of and test of the City's utility bills.
PROHIBITED PORTION OF HIGHWAY It is our understanding that electric and natural gas billings are
Barton Street, east side between Breckenridge Street and reviewed and processed by the Comptrollers' office with the
Lafayette Avenue assistance of this department. Telephone bills are processed
PROHIBITED PERIOD by this department.
9:00 a.m. - 4:00 p.m. The Council's resolution requests that we hire Troy & Banks for
Monday, Tuesday, Wednesday this purpose, however, we will need to issue a Request For
Notification Serial # 9760 Proposal (RFP) for the review of telephone charges.
Install Alternate Parking - Type I REFERRED TO THE COMMITTEE ON FINANCE
Barton Street
between Breckenridge Street NO. 18
and Auburn Avenue Back up power at Water Department Facilities
NO PARKING (ALTERNATE -TYPEI) - INSTALL Item No. 109, C.C.P. 09/02/03
In conformity with Section 49 of Chapter 479 of the Item No. 20, C.C.P. 09/30/03
Ordinances of the City of Buffalo, the City Engineer hereby We have had conversations with various consultants and
notifies Your Honorable Body of this action supplementing, also with representatives from the Cleveland water system, and
amending, or repealing existing provisions of Chapter 479 of the Detroit water system. Our preliminary estimate to provide
the Ordinances, as stated below, to be effective forty five days sufficient back up power supply (4 megawatts) to our water
after the first Council meeting at which they appear on the pumping facilities is $5 million.
agenda as an item business. We are not convinced, however, that providing this back up
That part of Subdivision 24 Section 15 of Chapter 479 of generation is the most cost effective way to proceed, and we
Ordinances of the City of Buffalo be supplemented by adding will continue to study other possible solutions.
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY NO. 19
Barton Street, west side between Breckenridge Street and Change in Contract
Auburn Avenue Broadway Garage
PROHIBITED PERIOD Emergency Wall Reconstruction
4:00 p.m. Wednesday to 4:00 p.m. Sunday Job No. 0354
PROHIBITED PORTION OF HIGHWAY I hereby submit to Your Honorable Body the following
Barton Street, east side between Breckenridge Street and changes for Job No. 0354, Broadway Garage, Emergency Wall
Auburn Avenue Reconstruction, Hogan Restoration, C #92010818.
PROHIBITED PERIOD 1. Work deemed unnecessary for emergency wall
4:00 p.m. Sunday to reconstruction.
4:00 p.m. Wednesday Deduct $7,000.00
Notification Serial # 9761 The foregoing change results in a net decrease in the contract
Install Alternate Parking - Type 11 of Seven Thousand and 00/100 Dollars ($7,000.00).
Barton Street Summary:
between Auburn Avenue Current Contract Amount $56,640.00
and Lafayette Avenue Amount of This Change Order (#1) Deduct $ 7,000.00
NO PARKING (ALTERNATE - TYPE II) - INSTALL Revised Contract Amount $49,640.00
In conformity with Section 49 of Chapter 479 of the Costs have been reviewed by the Consulting Architect (Barton,
Ordinances of the City of Buffalo, the City Engineer hereby Hovey, Nardini & Tries) and the Department of Public Works,
notifies Your Honorable Body of this action supplementing, Parks & Streets and were found to be fair and equitable. Funds
amending, or repealing existing provisions of Chapter 479 of for this work are to be credited to 36322206 445100 - Division
the Ordinances, as stated below, to be effective forty five days of Buildings.
after the first Council meeting at which they appear on the Mrs. LoTempio Moved:
agenda as an item business. That the above communication from the Commissioner of
That part of Subdivision 24 Section 15 of Chapter 479 of Public Works, Parks and Streets dated November 25, 2003, be
Ordinances of the City of Buffalo be supplemented by adding received and filed; and
thereto the following: NO PARKING
That the Commissioner of Public Works, Parks and Streets be, FROM THE CORPORATION COUNSEL
and he hereby is authorized to issue change order No. 1, to
Hogan Restoration, a decrease in the amount of $7,000.00, as No. 24
more fully described in the above communication, for work Legality of Recall Provision
relating to Job No. 0354, Broadway Garage, Emergency Wall This is in response to your request for a legal opinion
Reconstruction, C #92010818. Funds for this project are to be concerning the legality of Section 23-13 of the City Charter
credited to 36322206 445 100 - Division of Buildings. governing the recall of elected city officials. You have also
Passed asked for guidance on any required steps to ensure that the
AYES - 12 - NOES - 0 City's Charter provision complies with New York State Law.
Legal research on the subject of recall provisions reveals three
No. 20 (3) relevant opinions. In 1985, former Erie County Attorney
Ordinance Amendment Eugene F. Pigott, Jr. requested a legal opinion from the New
Chapter 437 - Taxicabs and Liveries York State Attorney General regarding whether the County of
Repeal Taxi Stand - Clinton Street Erie is authorized to adopt a local law providing for the removal
TAXICABS AND LIVERIES - AMEND of certain elected officials by recall. The Attorney General
The purpose of this Amendment is to update Chapter 437 concluded that a "local government may not provide for the
Section 19 of the Charter and Code of the City of Buffalo in removal of elected officials by recall, unless such action has
order to allow for these changes to be made on the affected been express authorized by state statutory authority or by the
streets. provisions of the Constitution".
It is therefore requested that Chapter 437, Section 19 of the In 1986, a lawsuit was brought against the City Clerk of New
Charter and Code of the City of Buffalo (Taxi Stands) be York City relating to a petition initiative seeking to add a
amended by repealing therefrom the following: proposed local law providing for the recall of elected officials.
Name of Street Clinton Street The Court concluded "that without an express grant of authority
Side South from the Constitution and the Municipal Home Rule Law to
Location and Restrictions Between a point 80' east of permit removal from office by the direct vote of the electorate,
Washington Street And a point 120' east therefrom. no such right exists and the proposed law is not a proper
Number of Cabs 6 subject for an amendment to the New York City Charter."
This action is being taken in order to provide additional on Sinawski v. Cuevas, 133 Misc.2d 72, 75, 506 N.Y. S.2d 396, 3
street metered parking near Lafayette Square. 98 (Sup. Ct., N.Y. Co.), affd on other grounds, 123 A.D.2d
548, 506 N.Y. S.2d 711 (1st Dept.), appeal denied, 68 N.Y.2d
FROM THE COMMISSIONER OF POLICE 609, 508 N.Y. S.2d 1026 (1986).
In 1989, the Corporation Counsel for the City of Schenectady
No. 21 requested a legal opinion from the State Comptroller regarding
"B. Doris - S. Palmer - Complaint whether the voters of a city may bring a petition to remove an
[Item #54, C.C.P. Nov. 25, 200'1:] elected city official through a recall election. The State
The complaint is presently being investigated by the Comptroller opined that a recall election to remove an elected
Professional Standards Division. city official from office may not be held in the absence of
REFERRED TO THE COMMITTEE ON POLICE express statutory or constitutional authority. The opinion further
REORGANIZATION stated that under the State Constitution and Section 10 of the
Municipal Home Rule Law, "a city may not adopt a local law
No. 22 authorizing recall election." Opinion No. 89-3 1, State
"Drug Asset Forfeiture Funds" response Comptroller, (1989). Copies of the three opinions are attached
Item #12 CCP Nov. 12, 2003 to this opinion.
Pursuant to your letter dated November 12 1h requesting Section 23-13 of the City Charter outlines a petition process
further details regarding planned expenditures of the Drug wherein if enough qualified signatures are collected and verified
Asset Forfeiture Funds received. Please see attached which advocate the desire for a special election for the recall of
document detailing which accounts these funds were placed an elected City official, then such election shall be had. The
into. In addition a brief explanation is included detailing what petition shall contain a general statement of grounds for
particular goods or services these funds will be utilized to removal, but those grounds are not subject to review. The only
purchase. limitation on the recall effort is that the incumbent public official
Considering the City's financial crisis and recent budget cuts, must be in office for at least six months, and in the event a valid
these funds will enable the Department to fill gaps in the recall election fails, another recall election cannot be had.
general Police Department budget. The items to be purchased In Sinawski, the Court was dealing with an effort to amend the
are deemed necessary and essential to the proper functioning City Charter to include the recall petition process. The City of
of the Police Department. Buffalo already has a process on the books, but it lacks the
If you have any further questions, please contact this office at required express statutory authority. As the Sinawski court
851-4571. analyzed the propriety of the recall process, it found that while
REFERRED TO THE COMMITTEE ON FINANCE the right to recall elections for public officials existed in other
states, "There is no specific reservation of that right in the NY
NO. 23 Constitution or in any statute; nor is there any reference to a
Certificate of Appointment procedure for a recall election in the Election Law." Sinawski at
Appointment Effective: November 21, 2003 in the 398. In the absence of that express statutory authority, there is
Department of: Police Division of: Police to the Position of: no right to conduct recall elections in New York State.
Secretary to the Comm. of Police Permanent Based on the above, I would conclude that the recall provision
Non-Competitive at the: Flat Starting Salary of: 29,138 in the City Charter is unlawful under the present state of the
Michelle M. Pieri 31 Marine Drive, Apt. # 6D Buffalo, NY law. In order to have a lawful recall procedure, the City of
14202 Buffalo would have to obtain express statutory authority from
REFERRED TO THE COMMITTEE ON CIVIL SERVICE the State Legislature. In the absence of that authority, I would
recommend that the Charter be amended to remove that
provision from the Charter. Such an action would not require a
referendum as it is not changing a valid legal power to remove NO. 30
an elected official as contemplated by Section 23 (2)(e) of the LIQUOR LICENSE APPLICATIONS
Municipal Home Rule Law. Attached hereto are communications from persons applying
RECEIVED AND FILED for liquor licenses from the Erie County Alcohol Beverage
Control Board.
NO. 25 Address Business Name Owner's Name
Fontana, et al v. Masiello, et al 257 Franklin St Buffalo Pub Concepts Inc Buffalo Pub
Memorandum Decision and Order of Concepts inc
Justice Dillon 1412 Main St 1412 Main St Floyd Myers
Please be advised that the City has received a decision from 3B2 Abbott Rd Derek D Sullivan Derek D. Sullivan
New York State Supreme Court Justice Kevin M. Dillon on the RECEIVED AND FILED
Fontana v. Masiello Article 78 proceeding. In sum, the petition
to prohibit the Police Commissioner from removing Police NO. 31
personnel from the Lovejoy Station was denied. Judge Dillon LEAVES OF ABSENCE WITHOUT PAY
found that the amended City Charter authorized the Police I transmit herewith notifications received by me, reporting the
Commissioner to deploy Police personnel without Council granting of the leaves of absence without pay, in the various
approval and that there was no standing to challenge the departments as listed:
Commissioner's action under SEQRA. x Comptroller- Kathleen J. Yeates
A copy of the Fontana decision is attached for your review. X Police- Jody Strobele
REFERRED TO THE COMMITTEE ON LEGISLATION I RECEIVED AND FILED.
FROM THE COMMISSIONER OF ADMINISTRATION AND NO. 32
FINANCE REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
NO. 26 various boards, commissions, agencies and authorities
Certificate of Appointment reporting the membership attendance at their respective
Appointment Effective: 12/02/2003 in the Department of meetings:
Administration & Finance Division of Inventory & Stores to the X City Planning Board
Position of Laborer II RECEIVED AND FILED
Temporary Non-Competitive at the: Maximum Starting Salary
of: $27,939.6 NO. 33
Robert A. Kreutinger 50 Homer Ave. Buffalo NY 14206 NOTICES OF APPOINTMENTS - COUNCIL INTERNS
REFERRED TO THE COMMITTEE ON CIVIL SERVICE I transmit herewith appointments to the position of Council
Intern.
NO. 27 Mrs. LoTempio moved the approval of the appointments to the
Certificate of Appointment position of Council Intern.
Appointment Effective: December 1, 2003 in the Department of ADOPTED.
Administration and Finance Division of Parking Enforcement to CERTIFICATE OF APPOINTMENT
the Position of Parking Enforcement Officer PROVISIONAL Appointment Effective: November 24, 2003 in the
APPOINTMENT MAXIMUM Starting Salary of. $28,688 Department of COMMON COUNCIL to the Position of
Russell J. Olivieri 150 Willett Buffalo 14206 INTERN IV, SEASONAL
REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON-COMPETITIVE, FLAT Starting Salary of $8.00/HR
Perry D'Andre, 188 E. Utica Street, Buffalo, NY 14208
NO. 28
Certificate of Appointment NO. 34
Appointment Effective: December 1, 2003 in the Department of NOTICES OF APPOINTMENTS - SEASONAL/FLAT
Administration and Finance Division of Parking Enforcement to I transmit herewith certificates received by me, reporting
the Position of Parking Enforcement Officer TEMPORARY seasonal and flat salary appointments made in various
APPOINTMENT INTERMEDIATE Starting Salary of $27,218 departments.
Kevin A. Pangburn 436 Baynes Buffalo 14213 RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE CERTIFICATE OF APPOINTMENT
Appointment Effective 12/1/03 in the Department of
Public Works, Division of Engineering to the Position of
FROM THE COMMISSIONER OF HUMAN RESOURCES
Bridge Operating Engineer, SEASONAL APPOINTMENT
At the FLAT Starting Salary of $10.25 hr.
No. 29
Donald D. Poleto, 88 Payne, Buffalo, NY 14220
SERVICES CONTRACT
Mrs. LoTempio Moved:
NO. 35
That the above communication from the Department of Human
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
Resources dated December 4, 2003, be received and filed; and
PERMANENT
That the Commissioner of Human Resources be, and he
I transmit herewith Appointments in the various departments
hereby is authorized to enter into a Case Management Services
made at the Minimum (Temporary, Provisional or Permanent)
Contract with Managed Care Network Inc.
and for Appointments at the Maximum (as per contract
Copy available at City Clerk’s Office for review
requirements) .
Passed
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
AYES - 12 - NOES – 0
CERTIFICATE OF APPOINTMENT
Appointment Effective November 24, 2003 in the Department
FROM THE CITY CLERK
of
Assessment and Taxation to the Position of ACCOUNT J. COLEMAN-ADELPHIA-NEW RATES 1/1/03
CLERK Dear Mr. Michaux:
PERMANENT APPOINTMENT at the MINIMUM Starting Adelphia has gone through many significant changes over
Salary of $26,271 the past year, but with everything that has happened, our
Robyn L. Tisdale, 38 Easton Avenue, Buffalo NY 14215 commitment to customer service and satisfaction has remain
CERTIFICATE OF APPOINTMENT unchanged.
Appointment Effective November 24, 2003 in the Department As a responsible cable service provider, Adelphia does assess
of: Police, to the Position of Crossing Guard, Temporary, Non service rates to make certain that they accurately reflect the
Competitive at the minimum Starting Salary of $7.09/hr cost of doing business. Accordingly, the chart below explains
Miriam J. Vega, 313 Plymouth Ave., Buffalo, NY 14213 new rates that will be in effect as of our customers' January
CERTIFICATE OF APPOINTMENT billing statement.
Appointment Effective: November 29, 2003 in the Levels of Service Old Rates New Rates
Department of Public Works, Parks & Streets, Division of Broadcast Service $11.45 $11.45
Buildings to the Position of Senior First Class Stationary Expanded Service $30.29 $33.24
Engineer, Temporary Appointment Classic Service $41.74 $44.69
at the Flat, Starting Salary of $10.25/hr (Consists of Broadcast & Expanded Services)
Peter A. Tabone, 32 Tacoma Avenue, Buffalo 14216 Digital Cable
CERTIFICATE OF APPOINTMENT Digital Basic $13.95 $14.95
Appointment Effective: November 24, 2003 in the Digital Basic 1 Premium Service $19.95 $24.95
Department of Public Works, Parks & Streets, Division of Digital Basic 2 Premium Service $27.50 $34.95
Buildings to the Position of Senior First Class Stationary Digital Basic 3 Premium Service $34.50 $41.50
Engineer, Temporary Appointment Digital Basic 4 Premium Service $39.50 $46.50
at the Flat Starting Salary of $10.25/hr Digital Access* $7.00 $3.50
Andrew Krawchuk, 1293 Hertel Avenue, Buffalo 14216 Digital Access* 1 Premium Service $16.95 $19.45
Digital Access* 2 Premium Service $23.95 $30.95
Digital Access* 3 Premium Service $29.95 $36.95
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Digital Access* 4 Premium Service $35.95 $42.95
REMONSTRANCES
Digital Equip w/ Digital Plus $15.95 $14.95
NON-OFFICIAL COMMUNICATIONS
Digital Equip w/ Digital Plus 1 Premium Service $25.90
$24.95
NO. 36
Digital Equip w/ Digital Plus 2 Premium Service $32.90
Can you please file this item for the next Council meeting to
$34.50
be held on Tuesday, December 9, 2003 ). It is a resume for
Digital Equip w/ Digital Plus 3 Premium Service $38.90
Joseph Carriero. I recently asked to have him appointed to the
$41.50
Living Wage Commission.
Digital Equip w/ Digital Plus 4 Premium Service $44.90
Sincerely,
$46.50
Marc A. Coppola
*Digital Access does not include Digital Basic/Digital Plus
Councilmember
channels.
REFERRED TO THE COMMITTEE ON LEGISLATION
Adelphia Advantage PackagesCurrent Price New
Price
NO. 37
Adelphia Advantage $83.95 $93.90'
CIMINELLI CONSTRUCTION-BOARD PACKET
(Classic Cable, Digital & Power Link)
DOCUMENTS
HBO Advantage $83.95 $93.90'
Attached are the following documents for the December 1,
(Classic Cable, Digital Access,
2003 Joint Schools Construction Board Meeting.
Digital HBO & Power Link)
Memorandum
Total Advantage $106.95 $116.901
Draft Agenda
(Classic Cable, Digital Access,
Meeting Minutes from JSCB Meeting dated November 3, 2003
Digital Premiums & Power Link)
Application and Certificate for Payment No. 16 - November
Does not include modem lease fee of $3.00
2003
Analog Premium Services
Louis P. Ciminelli Construction Companies Buffalo Schools
HBO $13.00 $15.95
Project Directory (revised)
Expanded programming coming
Bevlar & Associates Inc. Construction Contract Monitoring and
Adelphia receives many requests for new programming each
Compliance Services Monthly Report for the Dr. Lydia T.
year and whenever possible, those channels are added to the
Wright School of Excellence #89 - October 2003
existing channel line-up. Recently, the following programming
Bevlar & Associates Inc. Construction Contract Monitoring and
services were added to Adelphia's cable service in the City of
Compliance Services Monthly Report for the District Wide
Buffalo:
Technology Project- Phase I and Phase 11 -October 2003
Turner Classic Movies (TCM)
Resource Planning Associates Construction Contract
Bravo
Monitoring and Compliance for Integrated Projects - September
Al 3
2003
Providing the expanded programming and sophisticated
Resource Planning Associates Construction Contract
services that our customers value, at the same time we
Monitoring and Compliance Executive Summary Report -
respond to competitive challenges, requires a substantial
October 2003
investment in technology. Additionally, Adelphia incurs higher
The next meeting of the JSCB is scheduledfor
costs from the providers of many of the programming services
Monday, January 5, 2004 at 3: 00 PM, Room 209 - City Hall
our subscribers enjoy (ESPN, Nickelodeon, etc.). Like other
REFERRED TO THE COMMITTEE ON EDUCATION
businesses, Adelphia also constantly faces increases in
expenses such as wages, specialized training for our customer
NO. 38
service representatives, utilities, fuel, insurance and equipment
needed to support a company that provides service 24 hours a 3. Outer Harbor - Design underway
day. 4. Union Ship Canal - Investigation complete
This rate increase, while modest in scope, will allow us to 5. Boone Park - Investigation to start 2004.
remain competitive in the year ahead. Our customer service RECEIVED AND FILED
representatives are available 24 hours a day, seven days a
week, to discuss these changes and answer any questions our NO. 40
customers may have. D. GOODWIN-CONCERNS-COMMENTS PERMANENT
Adelphia is proud to be a continuing part of the City of Buffalo RECORDS
community. By providing a modern telecommunications This letter is in reference to our telephone conversation on
network, supporting local charitable and civic organizations, Monday, November 24, 2003 concerning the above named
delivering free cable service and Internet access to local teacher.
schools, and providing local jobs, Adelphia continues its active I received my son's (Marvin E, Goodwin, Jr.) Report Card
involvement in the development of our community. (enclosed) and was elated over his marks, Yes, there is always
Please feel free to contact me if you would like to discuss these room for improvement. While reading over the card, I came
changes, or any other aspect of Adelphia's service to the City across the comment that was made by his Social Studies
of Buffalo community. teacher, Ms, HAI. Ms. Hill stated on the card, "student needs
Sincerely, to pay senior dues".
REFERRED TO THE SPECIAL COMMITTEE ON This comment I feel has no place on any student's card since;
TELECOMMUNICATIONS it does not pertain to grades. I was appalled that requiring class
dues, especially not due as of yet would be solicited on a
NO. 39 document as important and bearing as a youth's report card,
M. DOSTER-NYSDEC When I telephoned the teacher, Ms, Hill requesting her role in
SUPERFUND PROGRAM all of this, she told me that she placed the comment on all
Construction seniors' report cards, I have not had the opportunity to address
1. Altifft/Ramco - Honeywell began construction 11/03. all parents and students affected by these comments but, we
Scheduled end 4/05. must be cognizant of our feelings of certain issues.
2. Lehigh Valley RR - Honeywell began construction 2003, However, Ms. Hill informed me that she wasn't going to discuss
scheduled end is summer 2004. or argue the matter with me. I told her that if she refuses to
3. 318 Urban Street - GE working with BSA. Work essentially discuss this matter with me then, she leave me choice but to go
complete over her head. She told me to do whatever I wanted to do and
4. Outer Harbor Radio Tower Area - Honeywell began she hung up the phone. I feel that Ms. Hill was rude and
construction 10/03. insensitive to my inquiry. We are talking about a young black
Design mate who will suffer unnecessary measures most of his life,
5. E.Ferry Street - State began Design work 11/03. Whether we want to dialogue about remarks and behaviors that
Construction in 2 005. perhaps are offensive and can target any human being most
6. 4 1h Street - State started Design 11/03. Construction 2005 egregious, it is a happening today as it was historically, That
7. Chem Core - Awaiting Design has not changed, nor does it appear to be changing- If we as
8. Shenango Steel - State Design to begin spring 2004. adults and loving caregivers do not address these issues as
Investigation they occur, who will monitor those errors we find most
9. Tifft-Hopkins - Honeywell doing investigation 11/03 offensive? If the institutions of education, religion and family fail
10. Mobil Oil - Investigation underway to teach the truth as well as set proper standards for truthful
Operation & Maintenance and credible behaviors, then we will continue to see these slip
11. Bern Metal - Operation & Monitoring (City is responsible) of the tongue and negative impact comments to and towards
12. Kingsley Park - O&M. City responsibility for off-site our children.
13. Buffalo Color Area D - O&M At the end of the school day, I went to see Ms. Hill to pay the
14. Former Republic Steel Landfill (Marilla St) - O&M senior dues. Again, she refused to discuss the matter. I was
15. Bengart & Memel - O&M told that she had a family to go home to and that it was
16. Ameron - O&M ludicrous for her and I to even be having this conversation.
17. Iroquois Gas - O&M Since, when is it ludicrous to speak to a parent about a matter
18. Osmose - O&M of great concern? Also, Ms. Hill further that she
informed me
19. Saginaw - O&M
was not the person collecting the dues,
Class 3 (Not a significant threat)
I telephoned the principal, Mr. Bairton on Monday, with no
20. FEDCO - Class 3
response as of yet.
21. ENRX - O&M
Someone else reading the Report Card, now or in the future
City of Buffalo Projects
would interpret this comment as written, that Marvin owed his
December 3, 2003
class dues, rather than this being a request to pay them.
Voluntary Cleanup Program
I am requesting that a new card be issued (ASAP) without the
1. NFG - Buffalo Service Center - Design underway
comment "STUDENT NEEDS TO PAY SENIOR DUES", and
2. LTV Voluntery Cleanup (Donner Hanna Coke Site) -
the change of an incorrect grade of 80 to 90 in CAD/CAM 4,
Construction underway
Mr. Smith's class. Also, I'm requesting information on your
3. Hanna Furnace (Union Ship Canal) - Development
policies regarding students class dues and the billing for
underway
payment. In addition, if dues are late, what is that policy?
4. Sovereign - Construction 90% complete
Sincerely,
5. American Brass - Application under review
Diana Goodwin
6. Pizza Hut - Construction complete
Concerned Parent
7. Buffalo Industrial Park - Application under review
REFERRED TO THE COMMITTEE ON EDUCATION AND
Environmental Restoration Program
THE BOARD OF EDUCATION
1. Franczyk Park -Investigation began 11/03
2. Trinidad Park - Project Complete 2003
NO. 41
CL KIRKLAWD-CONCERNS SCHOOL# 8 CLOSING Perello said it was too early to put a value on the city's trash
t is most important to inform you of the Board of Education's cans. But he said one likely bonus is that the city's mostly
plan to close Follow Through Urban Learning Laboratory dented wire trash baskets could be replaced by gleaming boxes
-School #8, effective July 2004. designed to hide the trash but accentuate the ads.
Many ideas are being proposed and drafted on a weekly basis. Mayor Bloomberg has pegged the city's deficit next year at
As parents, caregiver, community members and friends, $1.8billion. Asked how much he thought selling ads on
believe it or not, we have a say in what will happen to this garbage cans and other parts of the city streetscape could
program. Now is the time to stand up and let our voices be raise, Perella, said, "I have no idea, But we need to do a better
heard. job of it than we are right now."
One possible plan is to split the school in half. Proposed to REFERRED TO THE COMMITTEE ON FINANCE
date, is a plan to move grade 4-8 to School #53, effective
September 2004. Students in K-3 will be placed where there is NO. 43
a vacancy. There is also the possibility that the students placed L. GOODMAN-NORSTAR-DEV USA INFO APPROVAL OF
at School #53 will be a stop over to another move. LAKEVIEW PHASE III PROJECT
Please show your support by attending one or all of the Mr. James W. Pitts
Community Meetings. We need to emphasize to the Board of Council President
Education that we do not want to see our school closed. City of Buffalo
If you have any questions or concerns, please free to contact 1315 City Hall
me directly at 888-7007. Buffalo, New York 14202
We have to work together, please join me in support of our Dear Mr. Pitts:
children. Rally with me to save our school. If you are unable to At Mr. Higgins' request, I am sending you information in
attend, send a representative. There is strength in numbers. If connection with the Common Council's approval of the
you have the desire to speak at a Board of Education Meeting, Lakeview Phase III project.
please contact me for information. Attached please find the following items:
In closing, we still have time to change the minds of the Board. 1) Draft Resolution approving the project - this can be e-mailed
The final vote is January 28, 2004. to you. 2) Letter from the City Planning Board 3) Letter from
REFERRED TO THE COMMITTEE ON EDUCATION AND Mayor Masiello regarding the sale of Lakeview sites 4) List of
THE BOARD OF EDUCATION Sites 5) Site Plan
If you need any additional information please feel free to
NO. 42 contact me.
J. GOLOMBEK-NY DAILY NEWS ADVERTISING REFERRED TO THE COMMITTEE ON COMMUNITY
REVENUE DEVELOPMENT AND THE BUFFALO MUNICIPAL
Now York Daily News - HOUSING AUTHORITY
Canny ad plan
By GEORGE RUSH and DAVID SALTONSTALL NO. 44
DAILY NEWS STAFF WRITERS B. HIGGINS-OUTER HARBOR IMPROVEMENTS
Tuesday, December 2nd, 2003 WATERFRONT PARKWAY FACT SHEET
It's come to this: Cash-strapped New York is looking to sell COMMITTEES
advertising space on its garbage cans. November 26, 2003
Sure, they may be stinking, overflowing trash bins to the rest of Mr. Charles L. Michaux, Clerk
us, but to the city's new marketing guru, the city's 25,000 litter Buffalo Common Council
baskets may be heaping, festering pots of gold. City Hall, Room 1308
"Even though some people think it might be inappropriate, we Buffalo, New York 14202
have to be very creative," Joseph Perello, the city's chief Dear Mr. Michaux:
marketing officer, told the Daily News yesterday. Enclosed please find a copy of a letter to NYS Assembly
Perello declined to discuss specifics. But he argued that Speaker Sheldon Silver regarding an Outer Harbor Access
turning the city's trash cans into miniature billboards has Improvements funding request. I would like to have this letter
truckloads of potential for both advertisers and the city. along with the outer harbor waterfront parkway fact sheet filed
"For example, a Keep New York City Clean' message would with the Buffalo Common Council.
make sense," said Perello. "And if we can find a partner who Thank you for your time and attention in this matter. If you have
was willing to talk about that, that would make sense." any questions or should require additional information, please
So Hefty could become the official garbage bag seller of New do not hesitate to contact me at my district office at 825-6080.
York City? "I don't want to talk about Hefty," said Perello. "The Sincerely,
point I was making is that it needs to be relevant." Brian Higgins
"it could be about getting rid of something," added Perello, who Member of the Assembly
floated the trash can idea at a recent Forum Club lunch. "There 145 District
th
are just so many different plays - dump this, get rid of that."
Enclosure
In fact, the idea may not be such a stinker, at least if Times
REFERRED TO THE COMMITTEE ON COMMUNITY
Square is any indication.
DEVELOPMENT
Some 400 large, square trash cans were installed there over
the summer, and 80% of the cans have been sold to
NO. 45
advertisers by the Times Square Business Improvement
THOMPSON
District. The ads are due to appear next month.
HAZARDOUS CONDITIONS: TREE
"We have signed up technology firms, movies, entertainment
I am writing to respectfully request that you file a hazardous
outlets, some pay-per-view events," said Donald Cranston,
condition form from Ms. Frances Gist regarding a hazardous
president of Receptasign, the company selling the ads.
tree with the Council for discussion at the next meeting dated
A single panel on a four-sided Times Square bin is already
December 9, 200-3 at 2pm.
fetching $500 per month, Cranston added.
If you have any questions, please do not hesitate to contact me
at (716) 851-5145.
RECEIVED AND FILED Frank Gist is an excellent candidate to fill Ms. Evelyn Pizzaro's
vacancy. As a journalist and seasoned writer for the Buffalo
NO. 46 Criterion newspaper, Mr. Gist is well-informed on community
MEMORMDUM issues and is advocate for community change. Having
SNOW REMOVAL PLAN previously served as a Buffalo firefighter and a member of the
I am writing to respectfully request that you the following Library Board, Frank loves Buffalo and works to ensure that its
recommendations regarding a hazardous tree with the Council assets are protected. I am positive that his leadership and
for discussion at the next meeting dated December 9, 2003 at interpersonal skills coupled with his solid entrepreneurial ability
2pm. will prove invaluable to the Library Board.
If you have any questions, please do not hesitate to contact me Accordingly, I urge you to appoint Mr. Frank Gist of 409
at (716) 851-5145. Wyoming Avenue, Buffalo, New York 14215 to the Buffalo and
REFERRED TO THE COMMITTEE ON LEGISLATION AND Erie County Library Board.
THE COMMISSIONER OF PUBLIC WORKS PARKS AND I thank you for your attentiveness to this important matter. If you
STREETS have any questions or require clarification on anything in this
correspondence, please feel free to contact my office at (716)
NO. 47 851-5145.
R. LOTEMPIO DOCUMENTS STATEMENTS PEACE Sincerely yours,
BRIDGE HEARING 12/04/03 REFERRED TO THE COMMITTEE ON LEGISLATION
ATTACHED AVAILABLE FOR REVIEW IN THE CITY
CLERK’S OFFICE
PETITIONS
REFERRED TO THE SPECIAL COMMITTEE ON BI-
NATIONAL BRIDGE
NO. 50
J. POLISENO, AGENT, -USE 227 HIGH-ILIUM. GROUND
NO. 48
SIGN_
L. PIERRE-
(PHONE #855-2454)
DECEMBER 4, 2003
The attached is for Common Council Approval; but per
ORDINANCE AMENDMENT CHAPTER 175 - FEES
Permits, no public hearing is required.
The following summary has been prepared for our meeting
REFERRED TO THE COMMITTEE ON LEGISLATION,
on Friday December 5, 2003 on the above referenced
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
ordinance amendment. The members of the public-private task
BOARD AND CORPORATION COUNSEL.
force that collaborated on streamlining the permit process
strongly encourages the Common Council to table the submittal
NO. 51
until the items listed below can be considered, clarified and
M. MOSCATI, AGENT, USE 401
remedied.
NIAGARA-KIOSK/CANOPY/GAS STATION
By not considering, these items and passing the amendment
(PHONE #883-3516)
as proposed (copy attached), it is our opinion that the fee
The attached is for Common Council Approval; but per
structure will NOT produce the results that were the desired
Permits, no public hearing is required.
outcome of this process: "To operate a permit delivery system
REFERRED TO THE COMMITTEE ON LEGISLATION,
that is unparalleled in its clarity and customer service in order
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
to increase the level of investment and development in the
BOARD AND CORPORATION COUNSEL.
City."
Thank you for taking the time to consider these items and we
REGULAR COMMITTEES
look forward to our meeting tomorrow.
CIVIL SERVICE
Sincerely,
(MARC A. COPPOLA, CHAIRPERSON)
Laura St. Pierre
REFERRED TO THE COMMITTEE ON LEGISLATION AND NO. 52
APPOINTMENT
THE COMMISSIONER OF PERMITS AND INSPECTIONS
METER READER (INTER) (PW)
(ITEM NO. 30-C.C.P. NOV. 25, 2003)
NO. 49
That Communication 30, November 30, 2003 be received
A. THOMSON-LIBRARY BOARD APPOINTMENT
and filed and the permanent appointment of Philip Frederick
I am writing to respectfully request that you file a
stated above at the intermediate salary of $27,425 effective on
correspondence concerning a request to appoint Mr. Frank
November 17, 2003 is hereby approved.
Gist to the Library Board of Buffalo and Erie County with the
PASSED
Council for discussion at the next meeting dated October 14,
AYES - 12 NOES - 0
2003 at 2pm.
If you have any questions, please do not hesitate to contact me
NO. 53
at (716) 851-5145.
APPOINTMENT
December 8, 2003
SENIOR ENGINEERING AIDE-WATER (INTER) (PW)
Hon. Anthony M. Masiello
(ITEM NO. 3 1 -C.C.P. NOV. 25, 2003)
Mayor of Buffalo
That Communication 3 1, November 31, 2003 be received
201 City Hall
and filed and the provisional appointment of Man Cannon
Buffalo, New York 14202
stated above at the intermediate salary of $32,925 effective on
Dear Mayor Masiello:
November 17, 2003 is hereby approved.
On behalf of the Masten District Council Office and the North
PASSED
Jefferson Library Committee, I am writing to respectfully
AYES - 12 NOES - 0
request your assistance in re-appointing Mr. Frank Gist to the
Buffalo and Erie County Library Board.
NO. 54
APPOINTMENT trust checked and filed with their specific department head or
HEARING EXAMINER (MAX) (A&F) Commissioner and
(ITEM NO. 40-C.C.P. NOV. 25, 2003) That termination proceedings should begin immediately for any
That Communication 40, November 31, 2003 be received City of Buffalo employee who is unable to satisfy the specific
and filed and the temporary appointment of Randall J. Kay residency requirement for their specific job title; and
stated above at the maximum salary of $110/day effective on That every appointing authority shall be held accountable for
November 15, 2003 is hereby approved. their obligation, under §24-5 of the Charter and Code of the
PASSED City, to verify compliance with the residency requirement at the
AYES - 12 NOES – 0 time of appointment or hire and continuation of compliance
during employment. Any appointing authority that is unwilling or
NO. 55 unable to verify residency or is protecting an employee in
APPOINTMENT violation of §24-3 "Residency Requirements" by immediately
JUNIOR TRAFFIC CLERK (INTER) (A&F) terminated or demoted.
(ITEM NO. 4 1 -C.C.P. NOV. 25, 2003) ADOPTED
That Communication 41, November 31, 2003 be received
and filed and the temporary appointment of Jacquelyn S. Mott FINANCE
stated above at the intermediate salary of $26,499 effective on (BETTY JEAN GRANT, CHAIRPERSON)
November 15, 2003 is hereby approved.
PASSED NO. 61
AYES - 12 NOES – 0 REGIONAL ASSETS SALES AGREEMENT, ORIGINAL
FINANCIAL BREAKDOWN (LAW)
NO. 56 (ITEM NO. 16, C.C.P., NOV. 12, 2003)
NOTICES OF APPOINTMENTS-TEMP./PROV./PERRN. (C. That the above item be, and the same hereby is returned to
CLK.) the Common Council without recommendation.
(CCP#49-NOV. 25, 03) Mrs. Grant moved:
That the above item be and the same hereby is received and That the above mentioned item be and the same is hereby
filed. received and filed.
ADOPTED ADOPTED
NO. 57 NO. 62
SALARY ORDINANCE AMENDMENT REGIONAL ASSET FUND ADMIN & FIN
03 - EXECUTIVE DEPARTMENT ITEM# 22 CCP NOV 12, 2003
1513 - DEVELOPMENT That the above item be and the same hereby is returned to the
(ITEM NO. 117, C.C.P., NOV. 25, 2003) Common Council without recommendation
That the Salary Ordinance Amendment as contained in Item Mrs. Grant moved that the above item is hereby received and
No. H 7, C. C.P., November 25, 2003, be and the same hereby filed
is approved. ADOPTED
PASSED
AYES - 12 NOES - 0 NO. 63
REGIONAL ASSET AGREEMENT, CORRECTED AND
NO. 58 REVISED (LAW)
REVISION OF RULES OF THE CLASSIFIED CIVIL (ITEM NO. 40, C.C.P., OCT. 28, 2003)
SERVICE OF THE COB (HR) (ITEM NO. 49, C.C.P., NOV. 12, 2003)
(CCP#42-NOV. 25, 03) That the above item be, and the same hereby is returned to
That the above item be and the same hereby is received and the Common Council without recommendation.
filed. Mrs. LoTempio moved:
ADOPTED That the Mayor be, and he hereby is authorized to enter into a
Regional Assets Sales Agreement with the County of Erie for
NO. 59 the Buffalo Zoological Gardens, Shea's Performing Arts Center
LAYOFF OF EMPLOYEES REQUIRED TO LIVE IN CITY and Kleinhans Music Hall on the condition that Paragraph 15
(ITEM NO. 89, C.C.P., NOV. 12, 2003) be amended to add the following language:
That the Departments of Law, Human Resources and Within six (6) months from the effective date of this Agreement,
Administration and Finance comment on the feasibility of the County shall cause the water service at the Zoo to be
focusing any future possible layoffs or dismissal of those metered at the main three inch supply line servicing the zoo, at
employees proven to have violated the residency requirements, an estimated cost of approximately $30,000. The County, the
as, in part, a means to protect legal employees from the lay-off Zoo and the Buffalo Water Board shall periodically review the
ax. actual water usage over the two years following the installation
ADOPTED of the meter. At the end of such two years the Zoo, the County
and the Buffalo Water Board shall negotiate a cap on the
NO. 60 amount of water usage which shall be provided to the Zoo at no
ZERO TOLERANCE FOR RESIDENCY VIOLATIONS cost to the Zoo or the County thereafter under this agreement,
(ITEM NO. 90 C.C.P., NOV. 12, 2003) which cap shall fairly and equitably be based on a variety of
That every employee of the City of Buffalo from the Mayor's factors, including but not limited to actual historical usage and
Office to the Common Council and every other position have planned or implemented water conservation measures at the
the verification (including but no limited to voter's registration, Zoo. In the event that Zoo redevelopment plans require
street directory, driver's license, correspondence, telephone increased water service or capacity over such service as is
directory, bank records (account address), utility receipts, being provided as of the effective date of this Agreement, the
insurance policies, visual verification, lease agreement, motor County or the Zoo, as may be provided under the lease by and
vehicle registration, contract for deed, tax receipts, deed of between the Zoo and the County, shall be responsible for the
cost of usage attributable to such increased service or capacity NO. 68
as are comparable water system customers. RENEW LEASE - UNIVERSITY HEIGHTS COMMUNITY
PASSED DEV. ASSOC. - 3242 MAIN STREET
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, (ITEM NO. 14, C.C.P., SEPT. 16, 2003)
FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, That the Executive Director of Strategic Planning be, and he
MARTINO, THOMPSON – 11 NOES – PITTS - 1 hereby is authorized to renew the lease between the City and
University Heights Community Development Association, Inc.,
NO. 64 for use of 3242 Main Street for an additional five (5) year term
ACCEPT YEAR VIII LOCAL LAW ENFORCEMENT BLOCK commencing on August 1, 2003 and expiring July 31, 2008.
GRANT FUNDS 2003-2004 That the Corporation Counsel be authorized to prepare the
(ITEM NO. 3, C.C.P., NOV. 25, 2003) necessary lease and that the Mayor be authorized to execute
That the City of Buffalo, Department of Police, Division of the same.
Citizen Services and the Department of Community Services PASSED
accept a Local Law Enforcement Block Grant, entitlement from AYES - 12 NOES - 0
the U.S. Justice Department for the total award for Year VIII in
the amount of $593,344 with a City of Buffalo match of NO. 69
$65,927. Funding will be from Community Development Block AUDIT REVIEW (COMPT.) (CCP#24-OCT. 28, 03)
Grant dollars that have been approved by the Buffalo Urban That the above item be and the same hereby is received and
Renewal Agency, for the Community Schools Program. filed.
PASSED ADOPTED
AYES –- 12 NOES - 0
NO. 70
NO. 65 AUDIT REVIEW (A&F)
CHANGE ORDER NO. 2 - ROBERT B. ADAM PARKING (CCP#37-NOV. 25, 03)
RAMP, ADDITION TO That the above item be and the same hereby is received and
(ITEM NO.6, C.C.P.,NOV.25,2003) filed.
That the Chairman of the Board of Parking be, and he hereby ADOPTED
is authorized to issue change order No. 2 for the Robert B.
Adam Parking Ramp, for Superstructure to Crane Hogan NO. 71
Structural Systems Inc., Contract No. 92010728 an increase in BOND CLOSEOUT - CONSTRUCTION OF SOUTH
the amount of $44,530.00; for Plumbing to C & L Plumbing, COMINUNITY CENTER
Inc., Contract No. 92010758 an increase in the amount of (ITEM NO. 15, C.C.P., JUNE 24, 2003)
$32,386.3 1; for Mechanical to W.C. Roberson Plumbing & (ITEM NO. 100, C.C.P., OCT. 28, 2003)
Const. Corp., Contract No. 92010732 an increase in the That the above item be, and the same hereby is returned to
amount of $1,185.00; for Electrical to CIR Electrical the Common Council without recommendation.
Construction Inc., Contract No. 92010734 an increase in the Mrs. Grant moved:
amount of $63,718.00; for All Trades to Summit Construction That the Comptroller is hereby authorized to close Account
Groups Inc., Contract No. 92010727 an increase in the amount #34321806, Construction of South Community Center for
of $132,189.45; for Parking Equipment to Victor Liberator Time $278,618.76 which can be used as a resource to pay
Systems, Contract No. 92010739 an increase in the amount of 2003-2004 City debt and $2,683,596.57, which can be used as
$50,838.96; for Elevator to ThyssenKrupp Elevator Co., a resource to pay future debt service.
Contract No. 92010772 an increase in the amount of PASSED
$4,213.00, as more fully described in the above AYES - 12 NOES - 0
communication. Funds for this project are available in bond
account 51019046 445 100. NO. 72
PASSED B. GRANT-J. GIAMBRA- SAUNDERS CTR. EXP.-CONST.
AYES – BONIFACIO, COPPOLA, FISHER, FONTANA, BIDS (#70, 10/1)
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, (CCP# 113 -OCT. 15, 03)
THOMPSON – 10 NOES – DAVIS, PITTS - 2 That the above item be and the same hereby is received and
filed.
NO. 66 ADOPTED
LEASE - CRUCIAL - 378 URBAN
(ITEM NO. 7, C.C.P., SEPT. 2, 2003) NO. 73
(ITEM NO. 95, C.C.P., SEPT. 16, 2003) BIDS TAB. -SAUNDERS CTR. EXP. (# 146, 11/26) (#24,
That the above item be, and the same hereby is returned to 10/15) (PW)
the Common Council without recommendation. (CCP#162-JULY 22, 03)
That the above item be and the same hereby is received and
Mrs. Grant moved that the above item be recommitted to the
filed.
Committee on Finance.
ADOPTED
ADOPTED.
NO. 74
NO. 67
PUBLIC NOTICE-WATER RATES (PW)
C. MICHAUX-J. GIAMBRA-ROOF REP./376 URBAN/FRM.
(CCP#29-NOV. 25, 03)
SCH. #62/C.R.U.I.A.L.
That the above item be and the same hereby is received and
(CCP#52-MAY 13, 03)
filed.
Mrs. Grant moved that the above item be recommitted to the
ADOPTED
Committee on Finance.
ADOPTED
NO. 75
RESULTS OF NEGOTIATIONS - 18 & 20 BENDER, 1029, ORDINANCE AMENDMENT CHAPTER 511 -ZONING
103 1, 103 5, 1037, 1039, (#119 - 11/25/03) (HRG. 12/9 )
1041 & 1043 CLINTON STREET Mr. Fontana moved:
(ITEM NO. 11, C.C.P., NOV. 25, 2003) That the above item be returned to the Common Council
That the above item be, and the same hereby is returned to without recommendation
the Common Council without recommendation. Richard A. Fontana, Chairperson, Legislation Committee
Mrs. Grant moved: A public hearing has been set, before the Common Council, at
That the offer from Gary J. Procyshyn, 614 French Road, this regularly scheduled meeting, on the above item, and a
Cheektowaga, in the sum of twenty thousand dollars ($20,000. Notice of Same has been published in the Buffalo News, a
00) for the purchase of 18 & 20 Bender, 1029, 103 1, 103 5, copy of which is attached
103 7, 103 9, 1041 & 1043 Clinton be, and they hereby are hereto.
accepted; and On a motion by Mrs. LoTempio, seconded by Mr. Fontana,
That the appraisal requested by the City of Buffalo shall be paid the item is properly before the Common Council, and the
by the purchaser; and hearing is opened.
That the transfer tax, recording fees and cost of legal CARRIED.
description shall be paid by the purchaser; and Appearances -
That the Corporation Counsel be authorized to prepare the Richard A. Fontana, Darryl McPhearson, Deputy Corporation
necessary documents for the transfer of title and that the Mayor Council
be authorized to execute the same, in accordance with the Mrs. LoTempio now moved that the hearing be closed.
terms of sale upon which the offer was submitted. Seconded by Mr. Fontana
PASSED CARRIED
AYES - 12 NOES - 0 Mrs. LoTemplo now moved that the item be Received and Filed
Seconded by Mr. Fontana
NO. 76 ADOPTED
RESULTS OF NEGOTIATIONS - 699 BROADWAY
(ITEM NO. 12 C.C.P., NOV. 25, 2003) NO. 79
That the above item be, and the same hereby is returned to M. GOLDMAN, PETITION TO USE 245 ALLEN - PUBLIC
the Common Council without recommendation. ASSEMBLY (RESTAURANT)
Mrs. Grant moved: (ITEM NO. 65, C.C.P., NOV. 15, 2003)
That the offer from Pastor Randy Gipson, Evangelistic Temple
Mr. Fontana moved that the above item be recommitted to the
of God in Christ, 701 Broadway, in the sum of one thousand
Committee on Legislation
and nine hundred dollars ($1,900.00) for the purchase of 699
ADOPTED
Broadway be, and is hereby accepted; and
That the appraisal requested by the City of Buffalo shall be paid
NO. 80
by the purchaser; and
M. DAVIS, PETITION TO USE 1429 JEFFERSON -
That the transfer tax, recording fees and cost of legal
GROUND SIGN
description shall be paid by the purchaser; and
(ITEM NO. 66, C.C.P., NOV..15, 2003)
That the Corporation Counsel be authorized to prepare the
That after the public hearing before the Committee on
necessary documents for the transfer of title and that the Mayor
Legislation on December 2, 2003, the petition of M. Davis,
be authorized to execute the same, in accordance with the
owner, for permission to use 1429 Jefferson for a ground sign
terms of sale upon which the offer was submitted.
be, and hereby is approved.
PASSED
PASSED
AYES - 12 NOES - 0
AYES - 12 NOES - 0
NO. 77
NO. 81
RESULTS OF NEGOTIATIONS - 471 SOUTH PARK
MICHAEL JORDAN - CLOVER CONST. - REQUEST
(ITEM NO. 14 C.C.P., NOV. 25, 2003)
APPEAL PRESERVATION
That the above item be, and the same hereby is returned to the
BOARD DECISION - 757 MAIN STREET
Common Council without recommendation.
(ITEM NO. 87, C.C.P., SEPT. 2, 2003)
Mrs. Granrt moved:
(ITEM NO. 6 1, C.C.P., NOV. 12, 2003)
That the offer from Thomas Brinkworth, Esq. for Mr. Sal
That the above item be, and the same hereby is returned to
Patronaggio, 891 South Park Avenue, in the sum of two
the Common Council without recommendation.
thousand and five hundred dollars ($2,500.00) for the purchase
of 471 South Park be, and is hereby accepted; and
Mr. Fontana moved that the above item be recommitted to the
That the appraisal requested by the City of Buffalo shall be paid
Committee on Legislation
by the purchaser; and
ADOPTED
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
NO. 82
That the Corporation Counsel be authorized to prepare the
MICHAEL JORDAN - CLOVER CONST. - REQUEST
necessary documents for the transfer of title and that the Mayor
APPEAL PRESERVATION
be authorized to execute the same, in accordance with the
BOARD DECISION - 657 MAIN STREET (BFLO. PRES. BD.)
terms of sale upon which the offer was submitted.
(ITEM NO. 12, C.C.P., SEPT. 16, 2003)
PASSED
(ITEM NO. 62, C.C.P., NOV. 12, 2003)
AYES - 12 NOES – 0
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
LEGISLATION
Mr. Fontana moved that the above item be recommitted to the
(RICHARD A. FONTANA, CHAIRMAN)
Committee on Legislation
ADOPTED
NO. 78
ADOPTED
NO. 83
N. HALTON - REQ. TRAILBLAZER SIGNS "BISHOP NO. 89
NATHAN S. HOLTON WAY" Ordinance Amendment – Chapter 66 - Air Pollution
(ITEM NO. 55, C.C.P., NOV. 25, 2003) (Item No 121 CCP Nov. 25, 2003
That the above item be, and the same hereby is returned to That after the public hearing before the Committee on
the Common Council without recommendation. Legislation on Dec. 2, 2003, the Ordinance Amendment as
Mr. Fontana moved: contained in Item No. 121, CCP November 25, 2003, be and
That the Commissioner of Public Works, Parks & Streets be, the same hereby is approved
and he hereby is authorized to install trailblazing signs beneath PASSED
the existing street signs on Millicent and Edison to Langfield AYES - 12 - NOES - 0
and Edison Street proclaiming that portion as "Bishop Nathan
S. Holton Way", and that this installation is subject to funding No. 90
provided by the applicant. Ordinance Amendment - Chapter 72 - Ambulances &
PASSED Ambulance Drivers
AYES - 12 NOES - 0 (Item No. 122, C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on
NO. 84 Legislation on December 2, 2003, the Ordinance Amendment
E. FREEMAN - REQ. TRAILBLAZER SIGNS "DEACON as contained in Item No. 122, C.C.P., November 25, 2003, be
DONALD R. SPEED" and the same hereby is approved.
(ITEM NO. 68, C.C.P., NOV. 25, 2003) Passed
That the above item be, and the same hereby is returned to AYES - 12 - NOES - 0
the Common Council without recommendation.
Mr. Fontana moved: No. 91
That the Commissioner of Public Works, Parks & Streets be, Ordinance Amendment - Chapter 94 - Boilers & Engines,
and he hereby is authorized to install trailblazing signs beneath Engineers
the existing street signs on E. Utica Street and Jefferson (Item No. 123 C.C.P., Nov. 25, 2003)
Avenue proclaiming that portion as "Deacon Donald R. Speed That the above item be, and the same hereby is returned to
Way or Street" and that this installation is subject to funding the Common Council without recommendation.
provided by the applicant. Mr. Fontana Moved:
PASSED That after the public hearing before the Committee on
AYES - 12 NOES – 0 Legislation on December 2, 2003, the Ordinance Amendment
as contained in Item No. 123, C.C.P., November 25, 2003, be
No. 85 and the same hereby is approved.
Appt.-Citizens Planning Council (J. Carriero) Passed
(CCP#85-Nov. 12, 03) AYES - 12 - NOES - 0
That the above item be and the same hereby is received and
filed. No. 92
ADOPTED Ordinance Amendment - Chapter 10 1 - Buildings,
Cleaning of
No. 86 (Item No. 124, C.C.P., Nov. 25, 2003)
Ordinance Amendment - Chapter 66 - Air Pollution That after the public hearing before the Committee on
(Item No. 12 1, C.C.P., Nov. 25, 2003) Legislation on December 2, 2003, the Ordinance Amendment
That after the public hearing before the Committee on as contained in Item No. 124, C.C.P., November 25, 2003, be
Legislation on December 2, 2003, the Ordinance Amendment and the same hereby is approved.
as contained in Item No. 12 1, C. C.P., November 25, 2003, be Passed
and the same hereby is approved. AYES - 12 - NOES – 0
Passed
AYES - 12 - NOES – 0 No. 93
Ordinance Amendment - Chapter 103 - Building
No. 87 Construction & Demo.; Fire Prevention
Re- Appointment Member to the Board of Assessment (Item No. 125, C.C.P., Nov. 25, 2003)
(Item No. 16 VVP Nov. 15, 2003) That the above item be, and the same hereby is returned to
That the re-appointment of Edward Herndon, as a member the Common Council without recommendation.
of the Board of Assessment for a term commencing Oct. 1, Mr. Fontana moved that the above item be recommitted to the
2003 and expiring Sept. 30, 2008 Committee on Legislation
PASSED ADOPTED
AYES - 12 - NOES – 0
No. 94
No. 88 Ordinance Amendment - Chapter 105 - Buildings,
Board of Assessment Review Appointment Temporary High-Rise
Members (Item No. 126, C.C.P., Nov. 25, 2003)
Item No 17 CCP Nov. 15, 2003 That after the public hearing before the Committee on
That the Common Council appoint three (3) temporary Legislation on December 2, 2003, the Ordinance Amendment
members to the Board of Assessment Review to serve no more as contained in Item No. 126, C.C.P., November 25, 2003, be
than twenty (20) days as needed during he time period of and the same hereby is approved.
January 2004 to mid-February 2004, and does hereby appoint Passed
Coralia J. Hetzner of AYES - 12 - NOES - 0
67 Lancaster Ave as a temporary member of such Board.
AYES - 12 - NOES - 0
No. 95
Ordinance Amendment - Chapter 109 - Buildings, No. 102
Numbering of Ordinance Amendment - Chapter 165 - Electricity
(Item No. 127, C.C.P., Nov. 25, 2003) (Item No. 134 C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on That the above item be, and the same hereby is returned to the
Legislation on December 2, 2003, the Ordinance Amendment Common Council without recommendation.
as contained in Item No. 127, C.C.P., November 25, 2003, be Mr. Fontana Moved:
and the same hereby is approved. That after the public hearing before the Committee on
Passed Legislation on December 2, 2003, the Ordinance Amendment
AYES - 12 - NOES - 0 as contained in Item No. 134, C.C.P., November 25, 2003, be
and the same hereby is approved.
No. 96 Passed
Ordinance Amendment - Chapter 111 - Buildings, Public AYES - 12 - NOES - 0
(Item No. 128 C.C.P., Nov. 25, 2003)
That the above item be, and the same hereby is returned to No. 103
the Common Council without recommendation. Ordinance Amendment - Chapter 175 - Fees, Various
Mr. Fontana moved that the above item be recommitted to the (Item No. 135, C.C.P., Nov. 25, 2003)
Committee on Legislation That the above item be, and the same hereby is returned to
ADOPTED the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
No. 97 Committee on Legislation
Ord. Amend.-Chapter 113-Buildings, Unsafe (Hrg. 12/2) ADOPTED
(CCP# I 29-Nov. 25, 03)
That the above item be and the same hereby is received No. 104
and filed. Ordinance Amendment - Chapter 238 - Heating
ADOPTED (Item No. 136, C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on
No. 98 Legislation on December 2, 2003, the Ordinance Amendment
Ordinance Amendment - Chapter 140 - Collection as contained in Item No. 136, C.C.P., November 25, 2003, be
Agencies and the same hereby is approved.
(Item No. 130, C.C.P., Nov. 25, 2003) Passed
That after the public hearing before the Committee on AYES - 12 - NOES - 0
Legislation on December 2, 2003, the Ordinance Amendment
as contained in Item No. 130, C.C.P., November 25, 2003, be No. 105
and the same hereby is approved. Ordinance Amendment - Chapter 242 - Housing
Passed Standards
AYES - 12 - NOES - 0 (Item No. 137, C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on
No. 99 Legislation on December 2, 2003, the Ordinance Amendment
Ordinance Amendment - Chapter 143 - Consumer as contained in Item No. 137, C.C.P., November 25, 2003, be
Electronics Install. & Repair and the same hereby is approved.
(Item No. 13 1, C.C.P., Nov. 25, 2003) Passed
That after the public hearing before the Committee on AYES - 12 - NOES - 0
Legislation on December 2, 2003, the Ordinance Amendment
as contained in Item No. 13 1, C.C.P., November 25, 2003, be No. 106
and the same hereby is approved. Ordinance Amendment - Chapter 254 - Junk
Passed Dealers/Pawnbrokers
AYES - 12 - NOES - 0 (Item No. 138, C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on
No. 100 Legislation on December 2, 2003, the Ordinance Amendment
Ordinance Amendment - Chapter 144 - Contractors as contained in Item No. 138, C.C.P., November 25, 2003, be
(Item No. 132 C.C.P., Nov. 25, 2003) and the same hereby is approved.
That after the public hearing before the Committee on Passed
Legislation on December 2, 2003, the Ordinance Amendment AYES - 12 - NOES - 0
as contained in Item No. 132, C.C.P., November 25, 2003, be
and the same hereby is approved. No. 107
Passed Ordinance Amendment - Chapter 259 - Laundries &
AYES - 12 - NOES - 0 Clothes Cleaners
(Item No. 139, C.C.P., Nov. 25, 2003)
No. 101 That after the public hearing before the Committee on
Ordinance Amendment - Chapter 150 - Dances & Dance Legislation on December 2, 2003, the Ordinance Amendment
Halls as contained in Item No. 139, C.C.P., November 25, 2003, be
(Item No. 133, C.C.P., Nov. 25, 2003) and the same hereby is approved.
That after the public hearing before the Committee on Passed
Legislation on December 2, 2003, the Ordinance Amendment AYES - 12 - NOES - 0
as contained in Item No. 133, C.C.P., November 25, 2003, be
and the same hereby is approved. No. 108
Passed
Ordinance Amendment - Chapter 261 - Lead-Based Paint
Abatement NO. 115
(Item No. 140, C.C.P., Nov. 25, 2003) ORDINANCE AMENDMENT - CHAPTER 459 - TRAILERS
That after the public hearing before the Committee on (ITEM NO. 148, C.C.P., NOV. 25, 2003)
Legislation on December 2, 2003, the Ordinance Amendment That after the public hearing before the Committee on
as contained in Item No. 140, C.C.P., November 25, 2003, be Legislation on December 2, 2003, the Ordinance Amendment
and the same hereby is approved. as contained in Item No. 148, C.C.P., November 25, 2003, be
Passed and the same hereby is approved.
AYES - 12 - NOES - 0 PASSED
AYES - 12 NOES - 0
No. 109
Ordinance Amendment - Chapter 263 - Licenses NO. 116
(Item No. 141, C.C.P., Nov. 25, 2003) PERMIT FEES (MAYOR)
That after the public hearing before the Committee on (CCP#2-NOV. 25, 03)
Legislation on December 2, 2003, the Ordinance Amendment That the above item be and the same hereby is received and
as contained in Item No. 141, C.C.P., November 25, 2003, be filed.
and the same hereby is approved. ADOPTED
Passed
AYES - 12 - NOES - 0 NO. 117
M. MARTINO-INFO. -TREE & TREE ROOT CLAIMS
No. 110 (CCP#57-NOV. 25, 03)
Ordinance Amendment - Chapter 269 - Lodging Houses That the above item be and the same hereby is received and
(Item No. 142, C.C.P., Nov. 25, 2003) filed.
That after the public hearing before the Committee on ADOPTED
Legislation on December 2, 2003, the Ordinance Amendment
as contained in Item No. 142, C.C.P., November 25, 2003, be NO. 118
and the same hereby is approved. OPPOSITION TO CONSOLIDATION OF PUBLIC
Passed LIBRARIES IN BUFFALO (ITEM NO. 146, C.C.P., OCT. 28,
AYES - 12 - NOES - 0 2003) (ITEM NO. 83, C.C.P., NOV. 25, 2003)
That the above item be, and the same hereby is returned to
No. 111 the Common Council without recommendation.
Ordinance Amendment - Chapter 281 - Multiple Housing Mr. Fontana moved:
(Item No. 143, C.C.P., Nov. 25, 2003) That the Common Council of the City of Buffalo opposes the
That after the public hearing before the Committee on consolidation of any of the 15 Buffalo libraries, which are part
Legislation on December 2, 2003, the Ordinance Amendment of the Buffalo & Eric County Public Library system, without a
as contained in Item No. 143, C.C.P., November 25, 2003, be full SEQRA to measure the impact such closings would have
and the same hereby is approved. on its communities; and
Passed That the Buffalo Common Council opposes closing of any of
AYES - 12 - NOES - 0 Buffalo's 15 libraries, except when replacing one building with
one new building with clearly enhanced services, as in the case
No. 112 of the new North Jefferson library to be built; and
Ordinance Amendment - Chapter 326 - Plumbing That the Buffalo Common Council encourages Erie County to
(Item No. 144, C.C.P., Nov. 25, 2003) provide necessary funding for such SEQRA and report all
That after the public hearing before the Committee on findings to the Buffalo Common Council before any
Legislation on December 2, 2003, the Ordinance Amendment consolidations occurs; and
as contained in Item No. 144, C.C.P., November 25, 2003, be That the Buffalo Common Council encourages Erie County &
and the same hereby is approved. BECPL to work with the City of Buffalo to charter a Buffalo
Passed Library Board; and
AYES - 2 - NOES - 0 That copies of this resolution be sent to the Eric County
Legislature, the Erie County Executive, BECPL and the Office
No. 113 of Strategic Planning.
Ordinance Amendment - Chapter 387 - Signs ADOPTED
(Item No. 146, C.C.P., Nov. 25, 2003) AYES – BONIFACIO, COPPOLA, DAVIS, FISHER,
That after the public hearing before the Committee on FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO,
Legislation on December 2, 2003, the Ordinance Amendment PITTS, THOMPSON – 11 NOES – MARTINO -1
as contained in Item No. 146, C.C.P., November 25, 2003, be
and the same hereby is approved. NO. 119
Passed REQ. PERM. INSTALL SIDEWALK CAF6-2179 NIAGARA
AYES - 12 - NOES - 0 (#50,7/22) (PW)
(CCP#84-NOV. 25, 03)
No. 114 That the above item be and the same hereby is received and
Ordinance Amendment - Chapter 437 - Taxicabs & filed.
Liveries ADOPTED
(Item No. 147, C.C.P., Nov. 25, 2003)
That after the public hearing before the Committee on NO. 120
Legislation on December 2, 2003, the Ordinance MR. H'S CELEBRITIES-USE 2179 NIAGARA
Amendment as contained in Item No. 147, C.C.P., November ST.-SIDEWALK CAF6 (#9,14)(PLAN. BD.)
25, 2003, be and the same hereby is received and filed. (CCP#85-NOV. 25, 03)
ADOPTED
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 128
M. COPPOLA-ELMWOOD VILLIAGE COMM. DIST.
NO. 121 DESIGN GUIDELINES
RESTAURANT DANCING CLASS IV - 391 ELLICOTT (CCP#48-APR. 29, 03)
(ITEM NO. 46, C.C.P., JULY 8, 2003) That the above item be and the same hereby is received and
(ITEM NO. 86, C.C.P., NOV. 25, 2003) filed.
That the above item be, and the same hereby is returned to ADOPTED
the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the NO. 129
Committee on Finance. J GOLOMBEK-D. TRUNFIO-OPP. LIQ. LIC,
ADOPTED. APP.-FOREST/CLAREMONT AVE.
(CCP#33-NOV. 12,03)
NO. 122 That the above item be and the same hereby is received and
SECONDHAND DEALER - 1424 HERTEL AVENUE filed.
(ITEM NO. 35, C.C.P., NOV. 25, 2003) ADOPTED
That pursuant to Chapter 254 of the City Code, the
Commissioner of Pen-nit & Inspections Services be, and he COMMUNITY DEVELOPMENT
hereby is authorized to grant a Secondhand Dealer license to (ANTOINE M. THOMPSON, CHAIRMAN)
Herman Jemison d/b/a Smith Consignment on the Ave. located
at 1424 Hertel Avenue. NO. 130
PASSED LDA-84-86 & 89 ALEXANDER-BETHEL COMM. DEV.
AYES - 12 NOES - 0 CORP.
(# 159 11/25/03) (HRG. 12/9)
NO. 123 Mr. Thompson moved:
WHOLESALE JUNK DEALER - 1455 NIAGARA STREET That the above item be returned to the Com on Council without
(ITEM NO. 36, C.C.P., NOV. 25, 2003) recommendation.
That the above item be, and the same hereby is returned to Antoine Thompson, Chairperson, Community Development
the Common Council without recommendation. Committee
Mr. Fontana moved: A public hearing has been set, before the Common Council, at
That pursuant to Chapter 254 of the City Code, the this regularly scheduled meeting, on the above item, and a
Commissioner of Permit & Inspections Services be, and he Notice of Same has been published in the Buffalo News, a
hereby is authorized to grant Wholesale Junk Dealer license to copy of which is attached
James Dingeldey d/b/a Infinity Auto located at 1455 Niagara hereto.
Street. On a motion by Mrs. LoTempio, seconded by Mr. Thompson,
PASSED the item is properly before the Common Council, and the
AYES - 13 NOES - 0 hearing is opened.
CARRIED.
NO. 124 Appearances – Maria Schinta, BURA, A. Thompson
L. MECKLER-NFTA-BUS SHELTERS IN CITY ROW Mrs. LoTempio, now moved that the hearing be closed.
(CCP#70-SEPT. 30, 03) Seconded by Mr. Thompson
That the above item be and the same hereby is received and CARRIED
filed. Mrs. LoTempio moved:
ADOPTED That Bethel Community Development Corporation and/or other
legal entity to be formed was duly designated as qualified and
NO. 125 eligible Redeveloper by the Buffalo Urban Renewal Agency, is
B. GRANT-T. HERLEHY-REQ. PARKRIDGE BETW. hereby approved as the Redeveloper for 84-86 and 89
KENSINGTON/HUTCHINSON BE TWO WAY, Alexander in the Community Wide Urban Renewal Area; and
REM. 5 TON RESTRICTION That the Mayor, the Chairman, Vice-Chairman, or any officer of
(CCP#72-JULY 8, 03) the Buffalo Urban Renewal Agency is hereby authorized to
That the above item be and the same hereby is received and execute any and all deeds or other documents necessary to
filed. convey land described in the proposed "Land Disposition
ADOPTED Agreement" to Bethel Community Development Corporation
and/or other legal entity to be formed in accordance with the
NO. 126 terms of said Agreement for the consideration recited therein.
R. FINLEY & O-REQ. RETURN TO ORIGINAL TAXI PASSED
STAND-MAIN/CLINTON AYES - 12 NOES - 0
(CCP#37-NOV. 12, 03)
That the above item be and the same hereby is received and NO. 131
filed. 84-86 AND 89 ALEXANDER, COMMUNITY WIDE URBAN
ADOPTED RENEWAL AREA
(ITEM NO. 7, C.C.P., NOV. 25, 2003)
NO. 127 That the above item be, and the same hereby is returned to
B. GRANT-F. LAWVERE & O-REQ. STOP SIGN ON the Common Council without recommendation.
WINSPEAR AVE. Mr. Thompson moved:
(CCP#67-NOV. 25, 03) That the above mentioned item be and the same is hereby
That the above item be and the same hereby is received and received and filed.
filed. ADOPTED
NO. 141
NO. 132 GRANT DEVELOPMENT PROSPECT-WINDPARKS (PW)
T. WANAMAKER, BURA CONTRACTS SUBMITTED FOR (CCP#27-OCT. 1, 03)
CONTROL BD. REV. (BURA) That the above item be and the same hereby is received and
(CCP#48-SEPT. 30, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 142
B. GRANT-K. ARNOLD-DEVELOPMENT PROSPECT-WIND
NO. 133 PARKS (#71,7/9)
B. DAVIS-S. HOYT-CLOSING OF DULSKI FED. BLDG. (CCP#103-JAN. 21, 03)
(#80,9/2) That the above item be and the same hereby is received and
(CCP#132-SEPT. 30, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED No. 143
A. Thompson-NYSDEC-858 E. Ferry St.-Inv. Ext. of Haz.
NO. 134 Waste
B. DAVIS-K. REICHELT-GSA-COMMENTS-COMMITMENT (CCP#85-Apr. 16,03)
TO DOVVMTOWN BFLO. That the above item be and the same hereby is received and
(CCP#61 -OCT. 14, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED No. 144
NYSDEC- Update-Haz. Waste Disposal Site-858 E. Ferry
NO. 135 St.
B. GRANT-D. ADAMS JR.-MAIN LASALLE PHASE 11 (CCP#76-Apr. 16, 03)
(CCP#69-OCT. 1, 03) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
No. 145
NO. 136 C. Fisher-T. Paradzai-Concerns-Deportation
B. GRANT-T. GOODMAN-CONCERNS-PHASE (CCP#86-June 24, 03)
11-MAIN/LASALLE That the above item be and the same hereby is received and
(CCP#54-NOV. 12, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED No. 146
Transfer of Title-UIHP-145 Locust (Strat. Plan.)
NO. 137 (CCP# 15 -Nov. 2 5, 03)
B. GRANT-R. MILDROW-PHASE II That the above item be and the same hereby is referred to
PROJECT-MAIN/LASALLE STS. the Special Committee on the Fruit Belt Redevelopment Plan.
(CCP#68-FEB. 18, 03) ADOPTED
That the above item be and the same hereby is received and
filed. Education
ADOPTED (Charley H. Fisher III, Chairman)
No. 147
NO. 138
M. Hanley-Jt. Schools Const. Bd. Contracts
B. GRAY-MARINE DRIVE EXPIRATION OF LEASE
(CCP#66-June 11, 03)
(CCP#77-FEB. 6, 03)
That the above item be and the same hereby is received and
That the above item be and the same hereby is received and
filed.
filed.
ADOPTED
ADOPTED
No. 148
NO. 139
Ciminelli Const.-Bd. Packet Doc.-8/13/03-Jt. Sch. Const.
REQ. FOR INFO-MARINE DRIVE (BM1IA)
Bd. Mtg.
(CCP#61-JAN. 22, 03)
(CCP#67-Sept. 16, 03)
That the above item be and the same hereby is received and
That the above item be and the same hereby is received and
filed.
filed.
ADOPTED
ADOPTED
NO. 140
No. 149
MARINE DRIVE RFP FOR NEW MANAGEMENT (BMHA)
Ciminelli Const.-Bd, Packet Doc.-9/11/03-Jt. Sch. Const.
(CCP#43-NOV. 25, 03)
Bd. Mtg
That the above item be and the same hereby is received and
(CCP#55-Sept. 30, 03)
filed,
That the above item be and the same hereby is received and
ADOPTED
filed.
ADOPTED STREETS SERVICES COMMITTEE
(Charley H. Fisher, 111, Chairman)
No. 150
Ciminelli Const.-Bd. Packet Doc.& Related No. 158
Materials-9/11/03 City Owned Vacant Lot at 76 Buffurn St. (# 183, 6/25)
(CCP#60-Oct. 14, 03) (CCP#95-Dec. 10, 02)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
No. 151 No. 159
Ciminelli Const. Co. -Bd. Packet Documents- 11/3/03 City Owned Vacant Lot at 76 Buff-um St. (#34, 7/23)
(CCP#5 I -Nov. 25, 03) (CCP#96-Dec. 10, 02)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
No. 152 No. 160
Request Additional Funding from the New York State City Owned Vacant Lot at 76 Buffum Street (PW)
Lottery for Educational Purposes (CCP#22-Oct. 29, 03)
(Item No. 169, C.C.P., Apr. 30,2002) That the above item be and the same hereby is received and
That this Common Council requests that the New York State filed.
Lottery increase its distribution to the Buffalo Public School ADOPTED
System in order to achieve the previous level of financial
support. No. 161
Adopted. City Owned Vacant Lot -76 Buff-um Street (PW)
(CCP#23-Nov. 25, 03)
No. 153 That the above item be and the same hereby is received and
B. Davis & C. Fisher-R. Cummings-Arc & Comm. Central filed.
Station-Monitoring of Public ADOPTED
Schools
(CCP#67-July 8, 03) No. 162
That the above item be and the same hereby is received and B. Davis-C. Trotter & O-Req. City Trim Trees, etc.-Fruit
filed. Belt Neigh.
ADOPTED (CCP#97-Apr. 1, 03)
That the above item be and the same hereby is referred to the
No. 154 Special Committee on the Fruit Belt Redevelopment Plan.
B. Davis-M. James-Concerns-Waterfront Elementary ADOPTED
School
(CCP468-Sept. 16, 03) No. 163
That the above item be and the same hereby is received and B. Davis-C. Trotter & O-Trees-Fruit Belt Neighborhood
filed. (PW)
ADOPTED (CCP# I 2-Apr. 29, 03)
That the above item be and the same hereby is referred to the
No. 155 Special Committee on the Fruit Belt Redevelopment Plan.
Academic Programming for Students W/Disabilities (Bd. ADOPTED
Ed.)
(CCP#49-Oct. 14, 03) No. 164
That the above item be and the same hereby is received and City of Buffalo Snow Control Plan
filed. (Item No. 34, C.C.P., Oct. 28, 2003)
ADOPTED That the 2003-2004 Snow Control Plan be and hereby is
approved as required by Section 15-35 of the Charter of the
No. 156 City of Buffalo.
R. Fontana-K. Parker-Statistics-Bflo. Pub. Schools REFERRED TO THE COMMITTEE ON LEGISLATION AND
(CCP#63-Sept. 30, 03) THE COMMISSIONER OF PUBLIC WORKS PARKS AND
That the above item be and the same hereby is received and STREETS
filed.
ADOPTED MINORITY BUSINESS ENTERPRISE COMMITTEE
(Charley H. Fisher III, Chairman)
No. 157
R. Fontana-K. Parker- Statistics-Bflo. Pub. Schools (Bd. No. 165
Ed.) C. Fisher-Bflo. Eq. Op. Min./Wom./Sml./Local Bus. Enter.
(CCP#50-Oct. 14, 03) Emerg Act.
That the above item be and the same hereby is received and (CCP#79-Mar. 6,03)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
Special Committees
No. 166
Bflo. Eq. Opp. Min./Wom./Sm. & Loc. Bus. Emerg. NO. 175
Act-2001 (Law) R. LOTEMPIO-JT. SCHOOL CONST. BD.-RECONST. OF
(CCP#55-Mar. 20,03) BFLO.
That the above item be and the same hereby is received and (CCP# 140- SEPT. 4, 03)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
No. 167
Bflo. Eq. Opp. Min./Wom./Sm. & Loc. Bus. Ent. Emrg.
Act-2001 (Ct. Rights) NO. 176
(CCP#76-Mar. 20, 03) L. LOBBAN- STATEMENT OF QUALIFICATIONS (CP)
That the above item be and the same hereby is received and (CCP#16-MAR. 4,03)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
No. 168
Bflo. Eq. Opp. Min./Wom./Sm. & Loc. Bus. Enter. Emerg. NO. 177
Act-2001 (Law) C. FISHER-CONCRETE WORKS VS. DENVER
(CCP#56-Apr. 3, 03) (CCP#82-SEPT. 2, 03)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
No. 169 NO. 178
C. Fisher, Bflo. Eq. Op. Min./Wom., Sm.ALoc. Bus. Enter. CHANGE ORDER NO. 2-AUGSPURGER RAMP ADDITION
Emerg. Act-2001 (Cit. Rights) (PKG. BD.)
(CCP#61-Apr. 3, 03) (CCP#3-NOV. 12,03)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
No. 170 NO. 179
L. Ross-Blk- Ch. Com.-Bflo. Eq. Opp. Min/Wom/Sm/Local ROBERT B. ADAM RAMP EXPANSION (PKG. BD.)
Bus Act (CCP#5-NOV. 25, 03)
(CCP#96-May 15, 03) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
RESOLUTIONS
NO. 171 NO. 180
MWBE PART ON COB CONTRACTS (#53, 5/15) BY: MR. BONIFACIO
(CCP#144-NOV. 27,03) APPOINT ASSISTANT LEGISLATIVE AIDES
That the above item be and the same hereby is received and That Roslyn M. Dominico, residing at 492 Normal Avenue,
filed. Buffalo, New York 14213, and Erika M. Rodriguez, residing at
ADOPTED 6 Rosetta Petruzzi Way, Buffalo, New York 1420 1, be
appointed Assistant Legislative Aide to Niagara District Council
NO. 172 Member Dominic J. Bonifacio, Jr. effective December 1, 2003.
MINORITY BUSINESS ENTERPRISE COMM. ADOPTED
(CCP#36-OCT. 17, 03)
That the above item be and the same hereby is received and NO. 181
filed. BY: MR. BONIFACIO
ADOPTED REQUEST NY STATE TO WAIVE OR REDUCE
NOTIFICATION FEE FOR DEMOLITIONS
NO. 173 Whereas: Due to budgetary concerns and the
C. FISHER-REQ. INFO WOM/MIN PART. TOTAL SERVICE number of properties in need, the City of Buffalo faces a
BUDGET significant challenge in meeting its demolition requirements;
CCP# 87 MAY 15, 2003 and
That the above item be and the same hereby is received and Whereas: Under 12 NYCRR 56, notification must be given to
filed. the State of New York of demolition activity due to air
ADOPTED monitoring, worker safety,
decontamination and disposal concerns; and
NO. 174 Whereas: New York State imposes a fee as to this notification
INFO. -CONTRACTS ENTERED INTO BY LAW DEPT. based on the size of the structure involved, which can be and
(LAW) often is as high as $ 1000.00 per demolition; and
(CCP#51 -MAR. 7,03) Whereas: This notification fee increases the cost of demolition
That the above item be and the same hereby is received and contracts, as well as the City's costs for City of Buffalo
filed. demolitions; and
ADOPTED Whereas: Given budgetary concerns at both the State and
Local levels resulting in a lack of additional State Aid to
cities, it is prudent for New York State and the City of Buffalo to Mr. Fontana moved to send said item to the Committee on
work together to cut costs of operation to better deliver services Legislation
within the City's means; and Seconded by Mr. Davis
Whereas: A waiver or at minimum a reduction in New York's AYES - BONIFACIO, DAVIS, FISHER, FONTANA,GRANT,
notification fee will allow the City of Buffalo to execute more LOTEMPIO, MARTINO, PITTS, THOMPSON – 9 NOES –
demolitions at a reduced cost thereby operating in a more COPPOLA, FRANCZYK, GOLOMBEK - 3
efficient manner; and REFERRED TO THE COMMITTEE ON LEGISLATION
Now, Therefore Be It Resolved:
That the City of Buffalo hereby requests the State of New York NO. 183
to explore the feasibility of waiving or reducing the notification BY: MR. COPPOLA
fee for demolition activity in the City of Buffalo and requests GRANT PERMISSION TO HANG BANNERS ON
comments from the appropriate New York State officials; and ELMWOOD AVENUE
Be It Further Resolved: Whereas: Forever Elmwood has worked actively to revitalize
That certified copies of this resolution be sent to Governor their area and improve quality of life; and
Pataki and the members of the Western New York Delegation Whereas: They have requested permission to a hang two
of the New York State Legislature for their assistance and banners across Elmwood Avenue, the first from 736 Elmwood
comment as to this issue; and Avenue to 737 Elmwood Avenue, the second from 820
Be It Finally Resolved: Elmwood Avenue to city light post 815, and
That this resolution shall also be forwarded to the City of Whereas: Forever Elmwood is interested in promoting the
Buffalo Elmwood Avenue shopping strip during the holiday season;
Department of Inspection and Permit Services for comment., and
ADOPTED Whereas.- Forever Elmwood will submit the proper notification
of serial to the Department of Public Works, Parks, & Streets
NO. 182 upon approval of this item.
BY: MR. COPPOLA, MR. BOIFACIO, MR. GOLOMBEK, Now, Therefore, Be It Resolved:
MR. FRANCZYK AND ALL COUNCILMEMBERS This Common Council supports Forever Elmwood in its
FIRST ORGANIZATIONAL MEETING IN 2004 - RULES OF endeavor, and subject to the conditions set forth by the
ORDER Department of Public Works, Parks, & Streets, grants them
Whereas: In the past, the Council's first organization permission to hang two (2) banners across Elmwood Avenue;
meeting of the year was convened by the Council President, and
who proceeded to conduct the meeting and preside over the Be It Further Resolved
election of These banners will be removed by Monday, January 5, 2004.
Council offices and the appointment of staff, and PASSED
Whereas: Due to the reorganization of the Common Council, AYES - 12 NOES - 0
there is no longer a publicly elected Council President; and
Whereas: In order to hold a fair election for a Council President NO. 184
from amongst the members of the Council, a neutral BY: MR. COPPOLA
party is needed to convene the meeting and conduct the CITY OF BUFFALO
election; and LOCAL LAW NO. - (2003)
Whereas: It seems reasonable that the Mayor of the City of INTRODUCTORY NO. 13 (2003)
Buffalo, the City's at-large representative and chief executive A LOCAL LAW amending the Charter of the City of Buffalo
officer would be a proper choice to perform this duty; and in relation to the salary of the chairman of education committee
Whereas: In order to execute this plan, the Council's Rules of BE IT ENACTED BY THE COMMON COUNCIL OF THE
Order for 2004-2005 need to be amended prior to the actual CITY OF BUFFALO AS FOLLOWS:
organizational meeting; and Section 1. That Article 24-12 of the Charter of the City of
Now Therefore Be It Resolved: Buffalo, adopted pursuant to law, is hereby amended as
That the Common Council does hereby amend Rule No. 4 of follows:
the Rules of Order for 20042005 to read as follows: § 24-12. Salaries of Elective Officers.
"Rule 4. Organization Meeting. A mayor elected under this act shall receive an annual salary of
At the time fixed by Section 3-8 of the Charter, the Mayor shall one hundred and five thousand dollars. The comptroller shall
convene the first organizational meeting of the Council in 2004. receive an annual salary of eighty-eight thousand four hundred
At that time, he will call the roll and immediately open the floor twelve dollars. Each council member shall receive an annual
for nominations for the office of Council President. After salary of fifty-two thousand dollars. Each of the aforementioned
receiving all nominations, he will entertain statements in elective officials may choose to refuse any increase in annual
support of the nominee(s). After all comments have been salary if, in his or her opinion, the fiscal times so warrant. Any
heard, the Mayor will conduct the election by voice vote. The such refusal must be in writing and directed to the comptroller
Councilmember receiving the majority of votes shall become and the commissioner of administration and finance, and shall
Council President and immediately take the seat. After that, the not affect the salary of future office holders or of the same
following shall be the order of business."; and individual if elected to a different office.
Be It Further Resolved: The council president elected from the membership of the
That the remaining Rules of Order shall be adopted at the first council shall receive, in addition to the salary above provided,
organization meeting in 2004. the annual sum of ten thousand dollars. The council shall
Mr. Coppola moved to table said item. Seconded by Mr. designate a majority leader and a minority leader, each of whom
Franczyk LOST shall serve at the pleasure of the council. Any council member
AYES – BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, serving as majority leader shall receive, in addition to the salary
LOTEMPIO, THOMPSON – 6 NOES – DAVIS, FISHER, above provided, the annual sum of five thousand dollars, and
FONTANA, GRANT, MARTINO, - 6 any council member serving as minority leader shall receive, in
LOST addition to the salary above provided, the annual sum of twenty-
five hundred dollars, said sums to be paid such majority leader
or minority leader, respectively, only while performing the supporting the elimination of the toll barriers at Breckenridge
additional duties. Any council member serving as and and Ogden Streets in the city; and
performing the additional duties of chairman of the following Whereas: The toll barriers at the entrance to the city represent
committees of the common council shall receive, in addition to a "commuter fee" for residents and others who do business in
the salary above provided, the annual sum of one thousand Buffalo; and
dollars: chairman of finance committee; chairman of legislation Whereas: No other Upstate New York community has this fee,
committee; chairman of civil service committee, chairman of which requires commuters to pay a toll for entering the
community development committee[, chairman of education city. Removing these toll barriers would create parity with other
committee and chairman of claims committee. upstate communities and remove the inequity of the existing
The failure of any council member or of the president of the system that places an undue burden on anyone entering the
council to attend any stated meeting of the council provided in City of Buffalo through the Breckenridge and Ogden Street
this act or any meeting of the committee of the whole provided tolls; and
in the rules of the council, unless the council at such meeting, Whereas: The Greater Buffalo-Niagara Regional
by a two-thirds vote of all Transportation Council (GBNRTC) was supposed to release
the members elected thereto, excuse such failure to attend the results of a study it did on thruway tolls that was due in
such meeting for reasons to be stated in the resolution of the January 2000;
council, shall result in a deduction equal to a one-fiftieth part of Now, Therefore, Be It Resolved:
the salary of a council member for each such failure, and such That the Common Council of the City of Buffalo does hereby
deduction shall be made in certifying the payroll. call for the elimination of the toll barriers located at
Section 2. Insofar as the provisions of this local law are Breckenridge and Ogden Streets in the City of Buffalo; and
inconsistent with the provisions of any other local law or act, the Be it Further Resolved:
provisions of this local law shall be controlling. That the Common Council request that the Greater
Section 3.This local law shall take effect on January 1, 2004. Buffalo-Niagara Regional Transportation Council immediately
APPROVED AS TO FORM release the results of the thruway toll study that was due in
Deputy Corporation Counsel January 2000; and
NOTE: Matter in brackets to be deleted; matter underlined is Be it further resolved
new. That signage be replaced on the 90 Thruway directing traffic to
LAID ON THE TABLE the 190 through the City to Niagara Falls
Be it Finally Resolved:
NO. 185 That copies of this resolution be sent to Governor Pataki, the
BY MR. COPPOLA New York State Thruway Authority, the New York State DOT,
SALARY ORDINANCE AMENDMENT the GBNRTC, the Erie County Legislature, and Erie County
31 - DEPARTMENT OF PUBLIC WORKS, PARKS & Clerk David Swarts.
STREETS ADOPTED
1213 - BRIDGES AYES – BONIFACIO, COPPOLA, DAVIS, FISHER,
The Common Council of the City Of Buffalo does ordain as FONTANA, FRANCZYK, GRANT, LOTEMPIO, MARTINO,
follows: PITTS, THOMPSON – 11 NOES – GOLOMBEK -1
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 31 -Department of Public Works, Parks and NO. 187
Streets, 1213-Bridges which currently reads: BY: MR. FONTANA
TEMPORARY SERVICES AS REQUIRED ORDINANCE AMENDMENT
Bridge Operating Engineer $ 8.15 Hourly CHAPTER 75 - AMUSEMENTS
Is hereby amended to read: The Common Council of the City of Buffalo does hereby ordain
Bridge Operating Engineer $ 10.25 Hourly as follows:
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the That Chapter 75 of the Code of the City of Buffalo be amended
Charter, that the immediate passage of the foregoing ordinance to read as follows:
is necessary. § 75-1. Classifications.
JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC For the purpose of providing for the regulation and licensing of
WORKS, STREETS AND PARKS AND MICHAEL A. theatrical, dramatic and operatic entertainment’s, shows,
SEAMAN, DIRECTOR OF BUDGET, hereby certify that the amusements, field games and public exhibitions of every kind
above change is necessary for the proper conduct, intended to amuse, instruct or entertain, where such
administration and performance of essential services of that entertainment’s, shows, amusements, games and exhibitions
department. We recommend that the compensation for said are given for gain or for admission to which a fee is charged,
position be fixed at the respective amount set forth in the such entertainment’s, shows, amusements, games and
foregoing ordinance. exhibitions are divided into sixteen (16) classes, as follows:
APPROVED AS TO FORM A. First class. All entertainment’s of a theatrical,
REFERRED TO THE COMMITTEE ON CIVIL SERVICE dramatic or operatic character shall belong to and be known
as "entertainment’s of the first class."
NO. 186 B. Second class. All lectures, readings or recitations,
BY: MR. COPPOLA, MR. FONTANA, MR. BONIFACIO, AND exhibitions of painting or statuary or other exhibitions of art shall
MR. DAVIS AND MRS. MARTINO belong to and be known as "entertaininents of the second
ELIMINATION OF THE BRECKENRIDGE AND OGDEN class."
TOLL BARRIERS C. Third class. All musical entertainment’s consisting
Whereas: One of the main entryways into the City of Buffalo solely of vocal and instrumental music, or either, and not of the
is the Niagara section of the thruway, where commuters are nature of an opera, but being what is commonly styled
welcomed with toll barriers; and "concerts," shall belong to and be known as
Whereas: There have been numerous public pronouncements "entertainment’s of the third class."
recently, and a petition that produced almost 20,000 signatures
D. Fourth class. All circuses, menageries or combined B. The fees for all licenses shall be as provided in
circuses and menageries and all caravans shall belong to and Chapter 175, Fees.
be known as "entertainment’s of the fourth class." C. No temporary license under the first and sixth
E. Fifth class. All sideshows, concerts or minstrel or classes shall be issued for a longer period than three (3)
musical entertainments given under a covering of canvas or months, and no temporary license shall be renewed or
within any structure or enclosure intended for temporary use extended so as to make the aggregate period for the enjoyment
and capable of easy transfer and removal shall belong to and of the privilege longer than three (3) months for one (1) fee.
be known as "entertainments of the fifth class." D. Where any entertainment, show, exhibition,
F. Sixth class. All exhibitions of moving pictures known performance or amusement enterprise embraces two (2) or
as "mutoscope," "kineto scope," "cinematograph" or other like more classes above enumerated, such entertainment, show,
automatic or moving-picture devices shall belong to and be exhibition, performance or amusement enterprise shall be
known as "entertainments of the sixth class." classified and charged for as belonging wholly to that class for
G. Seventh class. All baseball and football games which the highest license fee in Chapter 175, Fees, is fixed.
played in any building or under canvas or other covering or § 75-3. Open-air carnivals prohibited.
within any enclosure shall belong to and be known as No person, firm or corporation shall hereafter conduct any
"entertainments of the seventh class." carnival, with or without sideshows, in the open air outside of a
H. Eighth class. All swings and all itinerant shows, building or upon any street in any part of the city. The foregoing
such as bird shows, galvanic batteries, lifting machines, prohibition shall not be deemed to apply to traveling circuses or
blowing and striking machines and all other exhibitions and menageries.
devices and performances given or performed from place to § 75-4. Admittance of children.
place in the city shall belong to and be known as No person sixteen (16) years of age or under shall be admitted
"entertainments of the eighth class." to any entertainments of the first, fifth, sixth, eighth, ninth, 10th,
1. Ninth class. All poultry shows, horse shows, stock 1 Ith, 12th, 13th, 14th, 15th or 16th class unless accompanied
shows, flower shows, dog shows, cat shows and all other by one (1) of his or her parents or by his or her guardian.
shows or exhibitions of a like character shall belong to and be § 75-5. Places to be licensed; exceptions.
known as "entertaininents of the ninth class." No person or corporation, either as owner, lessee, manager,
J. 10 th class. All merry-go-rounds, revolving wheels officer or agent or in any other capacity, shall give, conduct,
carrying passengers, slides and all similar amusement devices produce, present or offer for gain or profit any of the
shall belong to and be known as "entertainments of the 10th entertainnients, exhibitions or performances mentioned or
class." included in any of the sixteen (16) classes, except the fourth or
K. 11 th class. When several amusement enterprises, fifth, specified and defined in this chapter, at any place in the
such as shooting the chutes, revolving wheels,city other than within a duly licensed theater, opera house, hall
merry-go-rounds, shooting galleries, giant swings, or other enclosure or place without a license issued for that
panoramas, musical and theatrical entertainments and various purpose, which said license shall be issued by and procured
other devices or entertaintrients are carried on or conducted in from the Director- of Licenses and Permits Commissioner of
any garden, park or other enclosure, whether carried Permit and Inspection Services upon payment of the fee herein
on or conducted as one (1) enterprise or by several prescribed, except that no license fee shall be charged for
concessionaires and whether one (1) admission fee is amateur athletic games.
charged for admission to all such entertainment or a separate § 75-6. Circuses, menageries and sideshows.
fee is charged to each amusement enterprise, the various No person, firm or corporation, either as owner, lessee,
entertainments offered or conducted shall, for the purpose of manager, officer or agent or in any other capacity, shall give,
this chapter, be considered as one conduct, produce, present or offer for gain or profit any of the
(1) enterprise and shall belong to and be known as entertainments, exhibitions or performances mentioned or
"entertainments of the I I th class." included in the fourth and fifth classes, specified and defined in
L. 12th class. Exhibitions of fireworks shall belong to this chapter, at any place in the City of Buffalo; provided,
and be known as "entertainments of the 12th class." however, that upon the consent of the owners of a majority of
M. 13th class. All ninks or places where roller skating or the property facing the premises on which said circus,
ice skating is conducted or carried on as an amusement or menagerie or sideshow is proposed to be held, the Council may
where instruction is given in skating on roller skates or ice grant its consent for the holding of such amusement under
skates, except such terms and conditions as it deems necessary to provide for
school or church buildings wherein skating is conducted by the public safety and morals and to eliminate unnecessary
school or church authorities as part of the social activities disturbances and public inconveniences. Am applicant, after
thereof, shall belong to and be known as "entertainments of the having obtained the consent as above provided for, shall apply
th
13 class." to the Director- of Licenses and Permits Commissioner of
N. 14th class. All museums of anatomy and all Permit and Inspection Services for a permit or license for that
exhibitions of monstrosities or freaks of nature shall belong to purpose upon the payment of the fee herein prescribed.
and be known as "entertaininents of the 14th class." § 75-7. Compliance with building regulations.
0. 15th class. All automobile shows or exhibitions of No license shall be issued under the provisions of this chapter
automobiles, locomobiles, autocars and horseless carriages of for any auditorium, room or place used for the purposes
like nature shall belong to and be known as "entertainments of specified in the first, fourth or fifth class, as defined in this
the 15th class." chapter, unless the Commissioner of Inspections and Licenses
P. 16th class. All exhibitions, performances, shall have first certified, in writing, to the Director- of Licenses
entertainments or amusement or other devices not included in and Permits Commissioner of Permit and Inspection Services
any of the foregoing classes shall belong to and be known as that the auditorium, room or place for which such license is
"entertainments of the 16th class." sought complies with all the requirements of the building
§ 75-2. License required; payment of fees. ordinances.
A. Entertainments of the first, second and third class § 75-8. License to be displayed.
shall be given only in a duly licensed place. Every license issued under the provisions of this chapter shall
at all times during the term for which it was issued be posted in
a conspicuous place at or near the principal entrance of the D. All licenses herein provided for shall also be subject
premises described in such license so that the same may be to compliance with Chapter 293, Noise, of the Code.
easily seen and read by any person passing in or out of such E. Any license granted under this chapter may be
premises. suspended, revoked or renewal thereof refused by the
§ 75-9. Compliance with other provisions. Supervisor- of Licenses Commissioner of Permit and
Every license granted under the provisions of this chapter and Inspection Services upon determination by the Supervisor of
all the privileges belonging thereto shall at all times be subject Licenses Commissioner, after notice and hearing before him.
to the ordinances of the city in force when such license shall be F. The fee for each such license shall be as provided in
issued or which shall thereafter be adopted, so far as the same Chapter 175, Fees, per year, and each license shall expire on
shall be applicable thereto. the 31 st day of May next succeeding the date of issuance.
§ 75-10. Occupancy capacity. § 75-14. Indoor public assemblage.
All licenses for entertainments, where a license is required, A. No public assemblage, as hereinafter defined, shall
shall state the number of persons such licensed theater, hall, be held in any building or structure in the City of Buffalo unless
building or place has accommodations for, and no more than the owner or the lessee of said building or structure shall have
that number shall be allowed to occupy such theater, hall, posted in a conspicuous place upon one (1) of the walls of said
building or place at any one (1) time. building or structure at the entrance thereof an inspection
§ 75-11. Carousels. certificate as herein provided.
No license shall be issued to any person or corporation to B. Such inspection certificate shall be required and
conduct in any building which fronts on any street a place of issued annually by the Supervisor- of Licenses
amusement wherein an apparatus commonly known as a Commissioner of Pen-nit and Inspection Services upon the
"carousel" or "merry-go-round" is operated, unless the payment by the applicant therefor of the fee as provided in
applicant for such license shall present to the Director of Chapter 175, Fees. Said certificate shall bear the approval of
Licenses and Permits Commissioner of Permit and Inspection the Director of Inspections and Licenses Commissioner of
Services a written consent or petition favorable to the same Permit and Inspection Services and the Commissioner of Fire.
from persons owning a majority of the frontage of lots on the The signature of the heads of said Departments upon the
same street or streets within two hundred fifty (250) feet on certificate shall indicate their respective approvals as of the
each side of the lot or lots upon which said building is located date of said approvals and shall be to the following effect:
and like consent from the owners of a majority of the five (1) The signature of the Commissioner of Permit and
hundred (500) feet of frontage on the opposite side of the street Inspection Services upon said certificate shall mean that a
or streets, determined by measuring two hundred fifty (250) building permit was theretofore issued by the City of Buffalo as
feet each way from a point opposite the middle of the frontage provided by the building ordinances and that plans of said
of the land upon which said building is located. building or structure have theretofore been filed in the Division
§ 75-12. Issuance of license; expiration. of New Construction. Before said certificate is signed by the
A. All licenses herein provided for shall be procured from and Commissioner of Permit and Inspection Services, there shall
issued, in his discretion, by the Director- of Licenses and be on file in his office a plan or plans showing the structural
Permits Commissioner of Permit and Inspection Services, and details of said building or structure, together with a verified
any such license may be revoked by him. statement of the owner or lessee of said building or structure
B. All licenses shall expire on the first day of August in designating past uses of said building or structure, showing
each year. whether the same has ever been structurally altered and
§ 75-13. Music license. showing that the plans on file are correct plans of said building
A. No person, firm or corporation shall permit or allow as the same now exist.
any music either vocal, instrumental or produced by any (2) The signature of the Commissioner of Fire upon said
mechanical device, such as record player, radio, television, certificate shall mean that the laws relating to elimination of fire
amplifying system or other means, in any restaurant, tavern or hazards, provision for fire escapes and proper means of exit
similar place wherein food or beverages are sold for and affecting motion-picture booths have been complied with
consumption on the premises and to which the public is by the applicant.
admitted without first obtaining a license therefor as hereinafter C. Inspections shall be made from time to time by each
provided. of the aforesaid Departments. The Supervisor- of
B. Application for such license shall be made to the Licenses-Commissioner of Permit and Inspection Services
Supervisor of Licenses Commissioner of Permit and Inspection may revoke said certificate at any time for a good cause after a
Services and shall be referred by the Director Commissioner to hearing upon notice to the applicant. All
the Commissioner of Police for his investigation and certificates shall expire on August I next after issuance.
recommendation as to approval or disapproval. The Supervisor D. A "public assemblage," within the meaning of this
of Licenses Commissioner of Permit and Inspection Services section, shall include any gathering in any room where the floor
shall issue his determination to approve or deny the application area exceeds 2,000 square feet in any building or structure for
based on the Commissioner of Police's recommendation civic, political, social, religious, educational, fraternal,
regarding the criminal history of the establishment and his entertainment, recreational, theatrical or amusement purposes.
investigation of the applicant's other licenses, if any, within 45 Necessary placards indicating the capacity of any place of
days or else such application shall be deemed approved. assembly in number of occupants, other than employees, shall
C. Any application for a music license with be permanently displayed in a conspicuous place designated
classification of "live music without dancing" shall be referred by the Commissioner of Fire in the room or rooms of public
by the Supervisor- of Licenses Commissioner of Permit and assemblage. Such placards shall be attested by the
Inspection Services to the Zoning Board for its investigation Commissioner of Fire. To permit any room or rooms to be
and recommendation as to approval or disapproval based upon occupied by a number of persons in excess of the stated
their knowledge and recognition of relevant zoning issues. capacity shall constitute a violation of this chapter. The
Upon receipt of approval, the Supervisor- Commissioner shall placards are not to be less than 14 inches in width and seven
issue the license within 45 days or else such application shall inches in height,
be deemed approved.
with boldface black lettering three-fourths (3/4) inch in height, No license shall be issued until the fee therefor has been paid
on white background, to read as follows: "THE TOTAL to the City Treasurer . Any license granted hereunder may be
CAPACITY IN THIS ROOM IS LIMITED TO PERSONS." revoked by the Director- of Licenses and Permits
§ 75-15. Miniature golf courses. Commissioner of Permit and Inspection Services for cause in
A. Regulations. the manner prescribed by law. The provisions of §§ 75-1
(1) No person, firm or corporation, on and after through 75-14 inclusive, of this chapter, insofar as they are in
November 1, 1930, shall erect, maintain, operate, use or allow conflict with the provisions of this section, are hereby
to be operated or used any miniature golf course, by whatever superseded.
name designated, in the City of Buffalo without having procured § 75-16. Hours; special permit for exemption; fee.
therefor a license from the Division of Licenses and Permits Except under special permit from the Director- of Licenses and
Department of Permit and Inspection Services, to be issued in Permits Commissioner of Permit and Inspection Services, it
conformity with the conditions set forth below. shall be unlawful to keep open to the public or to operate an
(2) A miniature golf course located in a building is amusement place specified in this chapter on any day between
hereby defined as an "indoor miniature golf course," and any the hours of 12:00 midnight and 8:00 a.m. The special permits
other miniature golf course is hereby designated as an "outdoor mentioned in this section may be granted in the discretion of
course. " the Director of Licenses and Permits Commissioner of
(3) No indoor or outdoor miniature golf course shall be Permit and Inspection Services upon the recommendation of
erected, maintained or operated in any residential district as the Commissioner of Police. The fee for such special permit
defined by the Zoning Ordinance, so-called, of the City of shall be as provided in Chapter 175, Fees.
Buffalo, which said ordinance is known and designated as § 75-17. Obscene entertainment.
"Chapter 51 L" No person, as owner, manager, director or agent or in any other
(4) No music of any kind shall be permitted upon the capacity, shall prepare, advertise, give, present, participate or
premises of any outdoor miniature golf course or in connection assist in presenting any obscene, indecent, immoral or impure
therewith at any time, nor shall any miniature golf course be drama, play, exhibition, show or entertainment which would
kept open for business or used during the hours from 2:00 a.m. tend to the corruption of the morals of youths or others. No
to 6:00 a.m. on any weekday nor before 2:00 p.m. on Sunday; person or corporation, being the owner or lessee of any garden,
provided, further, than any miniature golf course located within building, room, place or structure, shall let, lease or permit the
two hundred (200) feet of a residential district shall also be kept same to be used for the purpose of any such drama, play,
closed during the hours from 12:00 midnight to 2:00 a.m. exhibition, show or entertainment.
B. License. § 75-18. Coin-controlled amusement devices.
(1) Amy person, firm or corporation desiring to erect, A. Definitions. As used in this section, the following
maintain, operate or use any miniature golf course shall make terms shall have the meanings indicated:
application, in writing, duly verified, to the Division 0 Licenses COIN-CONTROLLED AMUSEMENT DEVICE -- Includes a
and Permits Department of Permit and Inspection Services for machine, apparatus, paraphernalia or device, whether
a license for such purpose. The application shall state the manually, mechanically, electrically or otherwise used or
name and address of the owner or owners of the premises operated or constructed to be used or operated, for amusement
upon which the miniature golf course is proposed to be located; and entertainment purposes or in or upon which a game of skill
a description of the size and location of said premises and the or amusement may be played by one (1) or more persons,
name and address of the person, firm or corporation who or singly or collectively, by and as the result of the insertion of a
which proposes to erect, maintain and operate such miniature piece of money or coin or other object for which a fee, charge
golf course; and, if such golf course is to be located indoors, a or other consideration is imposed directly or indirectly. This
description of the character of the building shall be given in definition, however, shall exclude a device, the possession or
said application, together with a statement of the particular use of which is prohibited by law and particularly shall exclude
portion of the building in which it is proposed to be placed. a gambling device. No gambling device shall be licensed
(2) The Director- of Licenses and Permits hereunder.
Commissioner of Permit and Inspection Services is hereby GAMBLING DEVICE -- Includes:
given authority to require such further information as he deems (1) A machine, slot machine, apparatus, paraphernalia
necessary to properly determine whether the application for a or device, whether manually, mechanically, electrically or
license should be granted. No license shall be granted unless otherwise operated, in or upon which a game or contest
the application has attached thereon a certificate of the involving an element of chance may be played, and the
Commissioner of Inspections and Licenses Permit and machine or device may be operated by one (1) or more
Inspection Services that no part of the proposed location of the persons, singly or collectively, upon and as the result of the
miniature golf course described in the application is within a insertion of a piece of money or coin or other object for which a
residence district as defined by the Zoning Ordinance of the fee, charge or other consideration is imposed directly or
City of Buffalo, together with a statement whether any part of indirectly.
such proposed location is within two hundred (200) feet of a (2) A machine, apparatus, paraphernalia or device that
residential district; and if the proposed golf course is to be is adapted or may be converted into one that is adapted for use
located indoors, no license shall be granted unless there is in such a way that, as the result of the insertion of a piece of
attached to the application the further certificate of the money or coin or other object, such machine or device is
Commissioner of Inspections and Licenses-Permit and caused to operate or may be operated and, by reason of an
Inspection Services to the effect that the building is structurally element of chance or other outcome of such operation,
safe and appropriate for such use. unpredictable by him, the user may receive or become entitled
(3) Licenses granted hereunder shall expire on February to receive a piece of money, credit, allowance or thing of value
28 next succeeding the date of their issue, unless sooner or any check, slug, token or memorandum, whether of value or
revoked by the Director- of Licenses and Permits otherwise, which may be exchanged for any money, credit,
Commissioner of Permit and Inspection Services. The license allowance or thing of value or which may be given in trade or
fee for any such license shall be as provided in Chapter 175, the user may secure additional chances or rights to use such
Fees, per year and proportionately for any less period, but any machine, apparatus or device, irrespective of whether it may,
period less than one (1) month shall be computed as a month. apart from the element of chance or unpredictable outcome of
such operation, also sell, deliver or present some merchandise, the receipt of an application, issue a license for the location in
indication of weight or other thing of value. accordance with the provisions of this section. A license shall
PERSON -- Includes one (1) or more individuals, a be prominently displayed thereon. A license shall permit the
partnership, a company, an association of individuals and a placing, use and operation of the device(s) at a location and in
corporation. the responsible charge of a person, both previously approved
B. License required. as herein before provided.
(1) Licenses and approvals. (b) An approved license shall clearly state the number of
(a) Notwithstanding any other provisions of the chapter, devices licensed and approved for such location.
no person shall place or deliver or use or permit the use or (4) Fee for an expiration of license. The Director- of
operation of a coin-controlled amusement device upon any Licenses Commissioner of Permit and Inspection Services
premises or location in the city until: shall not issue a license for a location hereunder until a fee, as
[1] The location of the establishment or premises where provided
such device is to be used or operated and the responsible in Chapter 175, Fees, for each location shall have been paid. A
operator of such establishment or premises shall have been license shall expire on the first day of September next
approved by the Commissioner of Police and the Director- of succeeding the date of its issuance.
Licenses Commissioner of Permit and Inspection Services (5) Transfer of license. No license may be transferred
and a license for the location has been issued by the Director from an approved location to another location.
of Licenses Commissioner of Permit and Inspection Services (6) Records of Director- of Licenses and Permits
based on such approvals; and Commissioner of Permit and Inspection Services.
[2] A license in accordance with this section to use or The Director- of Licenses and Permits
operate or pen-nit the use or operation of the device upon the Commissioner of Permit and Inspection Services
approved premises shall have been obtained from the Director shall keep a record of each location, showing the
of Licenses by the operator of such establishment or premises. name of the owner, the location where placed and
(b) Each approved location shall have attached thereon the name of the operator.
the location's license, signed by the Director- of Licenses (7) Revocation of license. A location-operator license
and Permits Commissioner of Permit and Inspection Services. may be revoked by the Director of Licenses and Permits
(c) A device becoming out-of-order or otherwise Commissioner of Permit and Inspection Services for cause and
inoperative shall be clearly designated by a placard after a hearing. He may hold a hearing to determine the
or sign or shall be removed from access by the propriety of issuing, renewing or revoking such a license or
public. The application for the approval and issuance permit.
of a license for a coin-controlled amusement device C. Amusement arcades.
location and the operator thereof shall be made by (1) Definition. As used in this subsection, the following
the owner or operator location and shall be on the terms shall have the meanings indicated:
form or forms required by the Director of Licenses AMUSEMENT ARCADE -- A building or place which provides
and Permits Commissioner of Pen-nit and entertainment by means of coin-controlled amusement devices
Inspection Services. and which contains four (4) or more such devices.
(2) Application for approved license. The owner or (2) Licenses.
operator of the establishment or premises upon which one (1) (a) License required. No person, firm or corporation
or more coin-controlled amusement devices are located, when shall hereafter erect, maintain, operate, conduct, use or allow to
applying for the licensing of the location and before such be operated, conducted or used as amusement arcade,
location may be licensed, shall make a sworn application to the whether or not so designated, as defined in this subsection,
Director- of Licenses and Permit Commissioner of Permit without obtaining a license therefor from the Director of
and Inspection Services for the necessary approved license, Licenses Commissioner of Permit and Inspection Services, to
upon blanks to be furnished by the Director Commissioner, be issued in conformity with the provisions of this subsection.
giving the following information: (b) Application for license. Any person, firm or
(a) The name, residence and business address of the corporation desiring to erect, maintain, operate or conduct an
owner and, in the case of a corporation, the names and amusement arcade shall make application therefor to the
addresses of all officers and directors and, as to the owner and Director of Licenses Commissioner of Permit and Inspection
each officer and director, the age, date of birth, place of birth, Services. Said application must be in writing, duly verified, and
statement of convictions for any crimes and whether any shall contain the information. required by Subsection B(2) of
machine owned by him or under his control had been this section and:
previously ordered destroyed by a court and such additional [1] The name and address of the person, firm or
information as the Director- of Licenses and Permits corporation seeking to erect, maintain, operate or conduct said
Commissioner of Permit and Inspection Services may require. amusement arcade.
(b) The name, residence, age, date and place of birth of [2] A description of the size and location of said
the person having responsible charge of the premises upon premises.
which the device is proposed to be located for use and [3] Such further information as the Director- of
operation and the location of the premises by street and Licenses Commissioner of Permit and Inspection Services
number, the kind of establishment wherein the device will be shall require.
located and the number of devices to be placed thereon. (c) Investigation and approval of applications for
(c) A certification by the applicant that no device owned amusement arcades.
by him and to be licensed is a gambling device and that no [1] Duties of the Director- of Licenses Commissioner
such device, when licensed, will be used or operated for of Permit and Inspection Services. It shall be the duty of the
gambling purposes. The Director- of Licenses and Permits Director- of Licenses Commissioner of Permit and Inspection
Commissioner of Permit and Inspection Services may require Services to examine all applications for amusement arcades
such further information as he may deem necessary. and to investigate or cause to be investigated each such
(3) Issuing of license. application to determine whether the premises for which a
(a) The Director- of Licenses and Permits license is sought complies with the regulations, ordinances and
Commissioner of Pen-nit and Inspection Services may, after laws applicable thereto and whether the person or persons
making such application or whether the person or persons C. The Director- of Licenses and Permits
seeking to maintain, operate or conduct such amusement
upon the
Commissioner of Permit and. Inspection Services,
arcade are responsible persons.
payment of the fee as provided in Chapter 175, Fees,
[2] Duties of other Departments. In making such
shall issue to any such applicant a
license to admit
investigation, the Director- of Licenses Commissioner of
to such motion-picture theater unaccompanied children over
Permit and Inspection Services shall have the assistance of the
eight (8) and under sixteen (16) years of age
Departments of Police, Public Works and Fire. When
upon compliance with the following conditions:
requested, each such Department shall furnish a report to the
(1) A seat on the main or orchestra floor shall be provided by
Director- of Licenses Commissioner of Permit and Inspection
the owner, operator or manager of such theater for each
Services detailing the information desired from its investigation
unaccompanied child admitted to such licensed theater, and no
and containing a recommendation as to whether a license
such child shall be permitted to stand or to occupy any balcony
should be granted.
or box.
[3] Issuing of license. Upon completion of his
(2) No such unaccompanied child shall be admitted to
investigation, the Director- of Licenses Commissioner of
such licensed theater except during the time when his school
Permit and Inspection Services shall issue an amusement
classes within the city are not in session, nor shall such
arcade license for an amusement arcade found to be in
unaccompanied child be admitted after 6:00 p.m. of any day.
compliance with the provisions of this subsection.
(3) One (1) licensed matron shall be provided by the
(d) Fee. The Director- of Licenses Commissioner of Permit
theater, with such additional assistants as may be found
and Inspection Services shall not issue an amusement arcade
necessary from time to time by the Director- of Licenses and
license until a fee as provided in Chapter 175, Fees, for every
Permits Commissioner of Permit and Inspection Services, to
coin-controlled amusement device located in the amusement
afford proper oversight of such children at all times. It shall be
arcade has been paid.
the duty of the matron to see that the provisions of this section,
(3) Supervision required. An amusement arcade,
and of all other laws, ordinances and regulations of the state
whenever operated or used, shall be supervised by a
and city applicable to theaters are enforced in such theater
responsible person eighteen (18) years of age or older. Such
during the presence therein of any such unaccompanied
person shall enforce the provisions of this subsection and
children, and she shall have charge of and direct the activities
ensure that the premises are used or operated in an orderly
of her assistants. Each of such assistants shall be responsible
manner.
to and shall comply with the directions of the matron in the
(4) Minors restricted. No person under the age of
performance of such duties.
sixteen (16) years shall be permitted in an amusement arcade
(4) The matron and the required number of assistants
during school hours on any weekday that the Buffalo public
shall be in attendance and shall give their undivided attention to
schools are in session.
the supervision of such unaccompanied children during the
(5) Occupancy; public assemblage. No amusement
entire time that such children are present in the theater. No
arcade shall be maintained, operated or conducted unless said
person shall be deemed a "matron" within the meaning of this
arcade is in compliance with the provisions of § 75-4 relating to
section unless such person is more than twenty-one (2 1)
capacity, fire regulations and occupancy. No amusement
years of age and has been licensed as such by the Director-
arcade shall be maintained, operated or conducted unless said
of Licenses and Permits Commissioner of Permit and
arcade is in compliance with the provisions of Chapter 341,
Inspection Services. A badge or other appropriate identification
Property Maintenance, relating to places of public assemblage.
shall be conspicuously worn at all times by each matron and
Compliance with the above shall be required of all amusement
assistant while on duty. A fee as provided in Chapter 175,
arcades, notwithstanding their size or location.
Fees, shall be charged for each matron's license, to be paid by
(6) Compliance with ordinances required. Every person,
the owner or manager of the theater.
firm or corporation which or who maintains, operates or
(5) Any seats provided for unaccompanied children
conducts an amusement arcade shall assure that all the
pursuant to this section shall be easily accessible to exits, and
applicable ordinances of the City of Buffalo are complied with.
the obstruction of any exit or any aisle leading thereto is
(7) Toilet facilities required. Every amusement arcade
prohibited. It shall be the duty of the matron in attendance to
must have toilet facilities as required in the Plumbing Code of
examine at each performance attended by such
the City of Buffalo.
unaccompanied child the doors of fire exits and to cause them
§ 75-19. Admission of children to theaters.
to be kept unfastened and unobstructed at all times while any
A. No child under the age of sixteen (16) years
child under her supervision is in the theater.
unaccompanied by a parent, guardian or other adult person
(6) The name of each licensed matron and assistant on
shall be admitted to any theater in the City of Buffalo unless
duty shall be posted in a conspicuous place near the front of
such theater is
the box office and shall be accessible to the public at all times.
licensed pursuant to and complies with the provisions of this
(7) Each unaccompanied child shall comply with the
section.
reasonable directions and requests of the matron in charge
B. The owner or manager of any motion-picture theater
concerning his deportment while in the theater, and for failure
in which films licensed by the Education Department of the
to do so, any such child may be removed from the theater by
State of New York are exhibited may make application to the
direction of the matron.
Director- of Licenses and Permits Commissioner of Permit
D. Each license issued pursuant to the provisions of
and Inspection Services, in writing, duly verified, upon forms to
this section shall expire on the 30th day of May next
be furnished by said Director Commissioner, for permission to
succeeding the date of its issuance and shall be renewed
admit to such theater unaccompanied children over eight (8)
annually. The fee for each such renewal shall be as provided in
and under sixteen (16) years of age.
Chapter 175, Fees. The license of any matron may be
No such license shall be issued until the written approval of the
transferred without cost to any other person upon the request
Commissioner of Fire, the County Health Commissioner and
of the owner or manager of the theater; subject, however, to
the Commissioner- of Inspections and Licenses
the approval of the Director- of Licenses and Permits
Commissioner of Permit and Inspection Services has been
Commissioner
filed with the Director- of Licenses Permits Commissioner of
Permit and Inspection Services.
of Permit and Inspection Services as to the qualifications of the rebound tumbling center shall make application, in writing, duly
transferee. The Director of Licenses and Permit verified, to the Director- of Licenses and Permits
Commissioner of Permit and Inspection Services shall have the Commissioner of Permit and Inspection Services for a license
power to revoke any license granted pursuant to the provisions for such purpose. The application shall state:
of this section in the manner prescribed by law. (a) The name and address of the owner or owners of
§ 75-20. Bingo. the premises upon which the rebound tumbling center is
A. No person, firm, association, corporation or organization, proposed to be located.
other than a licensee under the provisions of Article 14-H of the (b) A description of the size and location of said
General Municipal Law, shall conduct such game or shall lease premises.
or otherwise make available for conducting bingo a hall or other (c) The name and address of the person, firm or
premises for any consideration whatsoever, direct or indirect. corporation who or which proposes to erect, maintain, operate
B. No bingo game shall be held, operated or conducted on or or conduct such rebound tumbling center.
within any leased premises if rental under such lease is to be (d) If such center is to be located indoors, a description
paid, wholly or partly, on the basis of a percentage of the of the character of the building, together with a statement of the
receipts or net profits derived from the operation of such game. particular portion of the building in which it is proposed to be
C. No authorized organization licensed under the provisions of placed.
Article 14-H of the General Municipal Law shall purchase or (e) Such further information as the Director- of
receive any supplies or equipment specifically designed or Licenses and Permits Commissioner of Permit and
adapted for use in the conduct of bingo games from other than Inspection Services deems necessary to properly determine
a supplier licensed under the whether a license should be granted.
Bingo Control Law or from another authorized organization. (3) Approval by the Commissioner of inspections
D. The entire net proceeds of any game of bingo and of and Licenses Commissioner of Permit and Inspection
any rental shall be exclusively devoted to the lawful purposes of Services .
the organization permitted to conduct the same. (a) No license shall be granted unless the
E. No prize shall exceed the sum or value of two application has attached thereto a certificate of the
hundred fifty dollars ($250.) in any single game of bingo. Commissioner- of inspections and Licenses Commissioner of
F. No series of prizes on any one (1) bingo occasion Pen-nit and Inspection Services that the proposed location of
shall aggregate more than one thousand dollars ($1,000.). the rebound tumbling center, as the same is described in the
G. No person except a bona fide member of any such application, is within a district in which the same is permitted in
organization shall participate in the management or operation of accordance with the provisions of Chapter 511, commonly
such game. known as the "Zoning Ordinance."
H. No person shall receive any remuneration for (b) If the proposed rebound tumbling center is to be
participating in the management or operation of any game of located indoors, no license shall be granted unless there is
bingo. attached to the application the further certificate of the
I. The Director- of Licenses and Permits Commissioner of Inspections and Licenses to the effect that
Commissioner of Pen-nit and Inspection Services is hereby the building is structurally safe and appropriate for use as a
permitted to issue licenses for the conduct of games of bingo rebound tumbling center.
on Sundays after 2:00 p.m. (4) License fee. The license fee for any such license
in accordance with the provisions of and under the authority of shall be as provided in Chapter 175, Fees, per year. No license
§ 485 of the General Municipal Law. shall be issued until the fee therefor has been paid to the City
J. The unauthorized conduct of a bingo game and any Treasurer.
willful violation of any of the provisions of this section shall (5) Transfer of license. A license shall not be
constitute and be punishable as a misdemeanor. transferred to any person, firm or corporation, nor may a
§ 75-21. Rebound tumbling centers. license granted for one approved location be used at any other
A. Definitions. As used in this section, the following location.
terms shall have the meanings indicated: (6) Expiration date. All licenses shall expire on the 3 1 st
INDOOR REBOUND TUMBLING CENTER -- A rebound day of March next succeeding the date of issuance.
tumbling center located in a building, and any other is defined C. Operation.
as an "outdoor rebound tumbling center." (1) Hours of operation. No rebound tumbling center
REBOUND TUMBLING CENTER -- A place, either indoors or shall be operated or used between the hours of 2:00 a.m. and
outdoors, where rebound tumbling equipment, sometimes 6:00 a.m. nor before 2:00 p.m. on Sundays.
known as "trampolines," is provided and maintained for public (2) Liability insurance. Before a license may be issued,
use. the operator of a rebound tumbling center shall procure and at
REBOUND TUMBLING EQUIPMENT -- A fabric bed or all times maintain in full force and effect a policy of public
surface designed to provide resiliency by virtue of its own liability insurance insuring him against liability for personal
elasticity or that provided by an elastic or spring suspension injury arising out of the operation of the rebound tumbling
system, or both, within a stable frame and intended to be used center, with limits of not less than fifty thousand dollars
for jumping, bouncing or acrobatic tumbling. ($50,000.) for any one (1) occurrence and twenty-five thousand
B. Licenses. dollars ($25,000.) for any one (1) person per occurrence and
(1) License required. No person, firm or corporation shall shall file a true copy of said insurance policy with the
hereafter erect, maintain, operate conduct or allow to be Comptroller of the City of Buffalo.
operated, conducted or used a rebound tumbling center, (3) Fencing of centers. Outdoor tumbling centers shall
whether so designated or otherwise, in the City of Buffalo, be completely enclosed by a wire or other adequate fence
without having procured a license therefor which is not less than six (6) feet in height, and the gate or
from the Director- of Licenses and Permits Commissioner of gates providing access to a rebound tumbling center shall be
Permits and Inspection Services, to be issued in conformity securely locked at all times when said center is not open for
with the conditions set forth in this section. business.
(2) Application for license. Any person, firm or (4) Condition of equipment. Rebound tumbling
corporation desiring to erect, maintain, operate or conduct a equipment shall be maintained in good state of repair. Rebound
tumbling equipment which has broken springs or broken C. If any change in the information required for the
webbing shall not be used. The licensee shall take certificate of registration shall take place, the Director- of
precautionary measures to prevent broken springs from Licenses Commissioner of Permit and Inspection Services
disengaging from the assembly. shall be notified of such change and a new or amended
(5) Rules and regulations. The following rules shall be certificate filed within thirty (30) days of such change.
printed in clear, easily read letters, each not less than D. All certificates of registration shall be renewed
one-fourth (1/4) inch in height, and posted in one (1) or more annually, regardless of changes required by Subsection C, and
conspicuous and well-lighted locations within the tumbling shall expire on the first day of August in each year.
center, and the operator shall enforce and all patrons shall E. Failure to obtain or renew a certificate of registration
observe and obey the same. shall result in the immediate revocation of all other licenses
(a) Patrons shall strictly and promptly comply with these issued for such business by the Director of
rules and the directions of the operator. Licenses.Commissioner of Pen-nit and Inspection Services-.
(b) Not more than one (1) person shall be permitted on a It is hereby certified, pursuant to Section 3-19 of the Charter,
tumbling apparatus at the same time. that the immediate passage of the foregoing ordinance is
(c) Flips, twists or similar difficult routines shall not be necessary.
permitted unless under the immediate supervision of a qualified APPROVED AS TO FORM
instructor or unless performed by a person qualified to perform Corporation Counsel
such difficult routines, and the determination and ruling of the NOTE: Matter in Bold to be deleted; matter underlined is new.
operator shall be final. PASSED
(d) While using the equipment, patrons may not wear AYES - 12 NOES - 0
street shoes or be in bare feet.
(e) Use of the equipment by persons under the No. 188
influence of any alcoholic beverage or by persons not in proper By: Mr. Fontana
physical condition shall not be permitted, and the determination Re: Ordinance Amendment
and ruling of the operator shall be final. Chapter 81 - Auctions and Auctioneers
(f) Jumping from apparatus to apparatus or to any point The Common Council of the City of Buffalo does hereby ordain
outside the frame of the apparatus is prohibited. as follows:
(g) Conduct or behavior which may seriously distract or That Chapter 81 of the Code of the City of Buffalo be amended
interfere with a performer is prohibited. to read as follows:
(h) Children under six (6) years of age may not use the § 81-1. Definitions.
equipment unless accompanied by an adult. Where used in this chapter, the following terms and words
(i) Smoking, eating or drinking while using shall have the meaning and effect as follows:
the equipment is prohibited. AUCTIONEER -- Includes any person conducting a sale by
(6) Supervision. A rebound tumbling center, whenever public auction of personal property or real property of his own
open for use, shall be under the direct supervision of a person or as an agent for another.
eighteen (18) years old or older who shall be of good moral PROPERTY -- Includes all goods, wares, merchandise,
character and skilled in the art of rebound tumbling. Such commodities, compounds, things, chattels, jewelry and all other
person shall be charged with the duty of- property of whatsoever form or nature, but does not include
(a) Observing that all persons using the rebound choices in action or real property.
tumbling equipment comply with the posted rules. PUBLIC AUCTION -- Includes any public offer to sell personal
(b) Permitting the use of only such rebound tumbling property or real property to the highest bidder or to the person
equipment as is in safe condition. offering to pay the highest price therefor, and shall be without
D. Revocation of license. Any license granted hereunder may qualifications or reservations unless, at the time of the offer of
be revoked by the Director- of Licenses and Permits - each article or parcel and before any bids are asked thereon, a
Commissioner of Permit and Inspection Services for cause in minimum price therefor is publicly stated.
the manner prescribed by law. REAL PROPERTY -- The land, together with the
E. Other sections not to apply. The provisions of §§ 75-1 improvements thereon and attached thereto.
through 75-14, inclusive, of this chapter, insofar as they are in SELL AT PUBLIC AUCTION -- Shall not include judicial sales,
conflict with the provisions of this section, are hereby sales by public officers in the manner prescribed by law, sales
superseded. pursuant to statute to satisfy any lien on the property sold,
§ 75-22. Registration of entertainments of the sixth class. resales, pursuant to statutes, of property retaken under a
A. No person, firm or corporation, on and after the first conditional sales contract, sales of horses, cattle or other live
day of August 1978, shall erect, maintain, operate, use or allow animals or sales of personal property at any public convention
to be operated or used any movie theater or other form of in regular session in the City of Buffalo at the place or places
entertainment of the sixth class without first complying with the where the convention is being held.
provisions of this section, as set forth below. § 81-2. Conduct by licensed auctioneer required.
B. In addition to any and all otherwise necessary No sale at public auction of any personal or real property, as
licenses and permits, no form of entertaininent of the sixth defined in this chapter, shall be held within the City of Buffalo
class shall be allowed to operate until a certificate of unless such sale is directly conducted by an auctioneer
registration, specifying the following information, is filed with licensed pursuant to the provisions of this chapter.
the Director- of Licenses Commissioner of § 81-3. Application for auctioneer's license.
Permit and Inspection Services: A. Every applicant for a license pursuant to this chapter shall
(1) The name and business address of the current present to the Director of Licenses and Permits
owner of the building in which the theater operates. Commissioner of Permit and Inspection Services a written
(2) The name and business address of the current application Signed and duly verified by him, stating his full
owner of the business; if a corporation, the owner being the name, age, residence by street, number and place and present
principal stockholder. occupation; that he is a citizen of the United States and a
(3) The names of all officers of the business operating resident of the State of New York; the place where he intends
the theater. to conduct the business of auctioneer in the City of Buffalo; his
qualifications, including education and business engaged in every article contained in the aforesaid inventory is a part of the
during the past five (5) years, giving location, kind and extent; stock of goods of said person and has been a part of the stock
where and when he was previously licensed as an auctioneer; of goods of said person for a period of at least ninety (90) days
whether any previous license as an auctioneer was canceled prior to the date of the filing of the said inventory and that no
for cause; and such further facts as may be required by the property purchased, procured or placed in stock specially for
Director of Licenses and Permits Commissioner of Permit such public auction sale is included therein. If the property to
and Inspection Services to show the good character, be sold is real property, the inventory shall briefly describe the
competency and integrity of the applicant. same, so as to identify its dimensions, the improvements
B. Such applications shall be approved by not fewer than five thereon and the location thereof
(5) reputable citizens of the City of Buffalo or of the place of C. If such property consists of the household furniture of a
residence of the applicant, each of whom shall certify that he householder or the fixtures and equipment of a business, the
has personally known the applicant for a period of at least five inventory shall be accompanied by a statement that each article
(5) years prior to the filing of the application; that he has read was
such application and believes each of the statements therein to a part of the household goods of the householder (naming him)
be true; that such person is honest, of good character and or, in the case of fixtures and equipment, was a part of the
competent to conduct the business or Calling of auctioneer; fixtures and equipment of the person (naming him) for at least
and that such person is not related to or connected with the ninety (90) days prior to the date of sale; provided, however,
person so certifying. The certificate of approval shall be signed that the aforesaid required
by such persons and duly verified and acknowledged by them statement shall not apply to any person who in good faith has
before an officer authorized to take oaths and purchased at a judicial sale or public auction sale in bulk the
acknowledgements of deeds. fixtures, machinery and/or equipment of any business and
§ 81-4. Bond. thereafter in good faith desires to resell the same at public
The applicant shall also present to the Director of Licenses auction within thirty (30) days thereof
and Permits Commissioner of Permit and Inspection Services D. Such statement and inventory must be signed by the
with his application for such license a bond to the City of auctioneer who is to conduct the sale and verified by him to the
Buffalo executed by a duly authorized surety company, in the effect that it is to the best of his knowledge, information and
penal sum of five thousand dollars ($5,000.), conditioned for belief true. Such statement and inventory shall also be signed
the faithful observance of the laws of the State of New York by the owner of said property and shall be verified by him by
and of the ordinances of the City of Buffalo then in effect or affidavit, stating that said inventory is true and correct in all
thereafter enacted, for the performance of all duties, the particulars.
rendition of all accounts and the payment of all moneys § 81-7. Authorization to conduct sale; posting of inventory.
required of him by law to be paid and also conditioned for the Upon the receipt and approval by him of the inventory required
payment to any person who shall be defrauded or suffer loss by by the preceding section, the Director of Licenses and
reason of the violation by such auctioneer of any of the Permits Commissioner of Permit and Inspection Services shall
provisions of this chapter. Such bond shall be approved as issue to the auctioneer therein named an authorization to
provided by ordinance. conduct the sale. A copy of the itemized inventory of the
§ 81-5. Issuance of license. property to be offered for sale filed with the Director of
Upon the Director of Licenses and Permits Commissioner Licenses and Permits Commissioner of Permit and
of Permit and Inspection Services being satisfied of the good Inspection Services shall be posted in a conspicuous place on
character, competency and integrity of the applicant and upon the premises where the sale is conducted, available for
proof of the payment of the license fee, he shall issue to the examination by the bidder.
applicant an auctioneer's license, authorizing him to conduct § 81-8. Articles to be tagged or labeled.
auction sales in the City of Buffalo as provided by law and by In addition to the records required to be kept by §§ 25 and 26
this chapter. of the General Business Law, the auctioneer shall attach or
§ 81-6. Inventory of property to be sold. cause to be attached securely to each article to be offered for
A. At least five (5) days before any auction sale is held, the sale a tag or label upon which shall be plainly written or printed
auctioneer shall file or cause to be filed a statement in in the English language a true and correct statement of the kind
typewriting or other print with the Director of Licenses and and quality of the material or substance of which such article is
Permits Commissioner of Permit and Inspection Services, made or composed and the distinctive number of such article
giving the name and address of the Owner of the property on the itemized inventory and appraisal filed with the Director
proposed to be sold, the street and number where the property of Licenses and Permits Commissioner of Permit and
is located, the place or places, if any, where the owner has Inspection Services. If said article is one of those commonly
conducted business, if any, during one (1) year next preceding classed as "jewelry" or articles commonly carried by persons
the filing of such statement, the date of opening and probable engaged in the jewelry business, the tag shall state the
duration of the proposed sale, the place where the sale is to be percentage or carat of purity of such material; in case the
conducted, the reasons why an auction sale is desired, the articles are plated or overlaid, a true statement of the kind of
name and address of the auctioneer who will conduct the plate and the percentage of purity thereof and the kind of
auction sale, also an itemized inventory of the property to be material or metal under the plating; if the article is one
offered for sale, specifying as to each item the quantity, quality, commonly known as "precious, semiprecious, synthetic or
kind and grade and the material of which it is composed, with a imitation stones," the true names, weight, quality and color of
distinctive number for each item. said stones; if watches or clocks, the true name of the
B. If the property to be sold consists of a stock of goods in manufacturers, the number of jewels and adjustments and the
trade, in whole or in part, of a person, firm or corporation county of manufacture; and if any of such articles or parts
engaged in the wholesale or retail sale thereof, immediately thereof are used or secondhand, the length of time the same
preceding the time of the filing of the inventory, there shall be has been in use and in a conspicuous place on said tag the
attached to the inventory a word "secondhand" or "used." Said tag in each and every case
complete statement, including the name of such person so shall remain upon the article and be delivered with the article to
engaged, the location by place, street and number where so the purchaser.
engaged, the length of time so engaged and that each and
§ 81-9. Sale to highest bidder except where minimum bid G. Open or conduct any public auction sale until all the
stipulated. provisions of this chapter have been complied with and an
When any article or combination of articles is offered for sale at authorization for such sale obtained.
public auction, unless the auctioneer states a minimum price H. If the property to be sold is, in whole or in part, a stock of
therefor before any bid or offer is asked, the article or goods in trade of a merchant in business or who has been in
combination of articles shall be sold to the person whose bid or business, wholesale or retail, conduct a public auction thereof
offer is the highest offered if there is more than one (1) bid or except
offer therefor. at the place where such business was or is conducted, nor
§ 81-10. Auction sale to be exclusive. shall he include in such sale any property purchased specially
A. During the time when and while such auction sale is being for such sale.
conducted, no sales of any property, whether or not it be a part I. Conduct a sale at public auction of property which consists in
of the inventoried property, shall be permitted within the same part or in whole of a stock in-trade of a merchant, unless such
room or in any room opening therefrom by private sale or merchant has been in such business continuously in Buffalo
otherwise than by public auction sale. for a period of at least one (1) year.
B. No property not included in the inventory filed as herein § 81-15. Term of license.
before required shall be sold or offered for sale at public Each license issued pursuant to this chapter shall expire on the
auction or prior sale during the time that such auction sale is first day of June next succeeding its issue.
being § 81-16. License fee.
conducted in the same room or in a room opening therefrom. The fee for such license shall be as provided in Chapter 175,
§ 8 1 -11. Restrictions on sale of stock of goods. Fees, and shall be paid by the applicant before the issuance of
A stock of goods, wares and merchandise shall not be offered the license.
for sale as such by public auction, except where the same § 81-17. Revocation of license or authorization.
consists of a stock-in-trade of a person continuously engaged A. The Director of Licenses and Permits Commissioner of
in the City of Buffalo in dealing in such goods, wares and Permit and Inspection Services may revoke any license or
merchandise at wholesale or retail for a period of at least one authorization to conduct a sale, issued pursuant to the
(1) year immediately preceding the time of the commencement provisions of this chapter, if he shall have cause to believe that
of such sale, and at such sale no property shall be inventoried the holder of such license or authorization to conduct a sale is
as proposed to be sold or sold other than property which violating and statute of the State of New York relative to
constitutes such stock-in-trade of such person. auctions and auctioneers or any provision of this chapter. A
§ 81-12. Report of sale. conviction by a court of competent jurisdiction of
Within ten (10) days after the conclusion of such auction sale, such offense or recovery upon a bond pursuant to the
the auctioneer shall file or cause to be filed with the Director of provisions of this chapter shall be conclusive evidence of such
Licenses and Permits Commissioner of Permit and violation.
Inspection Services a report which shall consist of a copy of B. The Director of Licenses and Permits Commissioner of
said inventory with a list of the articles sold and a statement Permit and Inspection Services may, upon the complaint of any
that no other articles were sold during said sale superimposed person, cause notice to be served upon the holder of such
thereon, which report shall be subscribed by said auctioneer license or holder of authorization to conduct a sale, specifying
and verified by his oath before an officer authorized to take the grounds of complaint or reason assigned for the revocation
oaths in the County of Erie and shall be kept on file by the of such license or authorization to conduct a sale, which notice
Director of Permits and Inspections Commissioner of shall fix a time and place, not less than three (3) days after the
Pen-nit and Inspection Services and open for public inspection. service of such notice, at which said
§ 81-13. Hours and period of sale. Director of Permits and Licenses Commissioner of Permit
A. Sale at public auction shall be held only between the hours and Inspection Services shall hear the evidence of the person
of 8:00 a.m. and 11:00 p.m., Buffalo time, and at no time within making such complaint and such other evidence as may be
the hours beginning at 11:00 p.m. and ending at 8:00 a.m., presented to him or be in his possession; and the holder of
Buffalo time. such license or the holder of such authorization to conduct a
B. An auction sale shall be held on successive days, Sundays sale shall have an opportunity to be heard in his own defense. If
and legal holidays excepted, and shall not continue for a period the Director of Licenses and Permits Commissioner of
longer than sixty (60) days. Permit and Inspection Services shall believe that
§ 81-14. General restrictions. sufficient grounds therefor exist, he shall revoke such license
No auctioneer shall: or such authorization to conduct a sale.
A. Make any false representations as to the character, quality, NOTE: Matter in BOLD to be deleted; matter underlined is
condition, value or ownership of any property offered for sale or new.
falsely represent that such property is in whole or in part REFERRED TO THE COMMITTEE ON LEGISLATION
bankrupt or insolvent stock or damaged goods or goods saved
from fire. NO. 189
B. Substitute any other article for the article sold to a bidder. By: Mr. Fontana
C. Bid in or withdraw from sale any article after receiving a Re: Ordinance Amendment
second bid therefor or receive any bid from a person not a bona Chapter 88 - Bakers and Confectioners
fide bidder at such sale or any person acting as a capper, The Common Council of the City of Buffalo does hereby ordain
Booster or shiller. as follows:
D. Employ or permit to be employed any bellman, crier, That Chapter 88 of the Code of the City of Buffalo be amended
instrument of music or means of attracting the attention of to read as follows:
passersby other than a sign or flag. § 88-1. Definitions.
E. Conduct a sale where entertainment for the prospective As used in this chapter, the following terms shall have the
bidders is provided on the premises where the sale is meanings indicated:
conducted. BAKER -- A maker or manufacturer of bread or other flour
F. Offer for sale or sell any article of property not included in products or meal products.
the inventory filed as provided in § 81-6 of this chapter.
CONFECTI0NER -- A maker or manufacturer of candies or products or confectionery shall be properly whitewashed
other confectionery. or painted at least once in twelve (12) months and oftener
§ 88-2. License and permit required. when required by the County Health Commissioner; and
No person, firm or corporation shall hereafter engage or the floors, utensils and furniture of such rooms as are
continue in business as a baker or confectioner in the City of used for the manufacture, storing or sale of said products
Buffalo without first obtaining a license and permit as shall at all times be kept in a clean and sanitary condition.
hereinafter provided. The furniture and utensils of such rooms shall also be
§ 88-3. Application for license; issuance of health permit. arranged so that the same can be easily and perfectly
Any person, firm or corporation hereafter desiring to engage or cleaned.
continue in business as a baker or confectioner in the City of § 88 8. Segregation of toilets and sleeping rooms.
Buffalo shall first make written application to the Director of No water closet, earth closet, privy vault or ash pit shall
Housing and inspection Commissioner of Permit and be within or communicate directly with the bake room or
Inspection Services setting forth the name of such person, firm any other room used in the manufacture of bread or flour
or corporation and the place, by street and number, where the products or meal products or confectionery. The sleeping
business is to be carried on. The Director of Licenses and places for workmen employed in bakeries and
Permits Commissioner of Permit and Inspection Services confectioneries shall be separate and distinct from the
shall thereafter cause such place, with all its appurtenances places used in the manufacture of bread or other- flour
and the fixtures and appliances connected therewith or to be products or meal products or confectionery. All bakeries
used therein, to be carefully inspected by the County Health and confectioneries shall be provided with ample toilet
Commissioner, and if satisfied, having in view the protection of facilities to enable the workmen employed therein to keep
the public health, that said applicant has fully complied with the their persons clean and shall also be provided with
provisions of this chapter and all health regulations, said separate dressing rooms to enable the workmen to
County Health Commissioner shall issue a written permit to change their clothing and keep the same in proper
such applicant to engage in or continue the business of a baker condition. Separate toilet facilities must be provided for
or confectioner at such place. male and female employees.
§ 88-4. Issuance of license. § 88 9. Work attire
Upon the presentation of the written permit issued by the While engaged in the manufacture of bread or other flour
County Health Commissioner and upon the payment of the products or meal products Or confectionery, the
sums herein fixed, the Director of Licenses and Inspections workmen shall wear caps and slippers or shoes and an
Commissioner of Permit and Inspection Services shall issue a external suit of coarse cotton or similar fabric used for
license to the person, firm or corporation therein named to that purpose only, and these garments shall at all times
engage or continue in business as baker or confectioner at the be kept in a clean condition.
place specified in such permit. § 88 10. Infectious disease.
§ 88-5. License fees. No person shall work or be employed in or about any
The license fees to be paid for pursuant to this section shall be bakery or other establishment for the manufacture of
as provided in Chapter 175, Fees. bread of other flour products or meal products or
§ 88-6. Duration of license, transferability. confectionery during the time in which a case of
All permits and licenses issued pursuant to this chapter shall infectious disease exists in the house in which he
expire every two (2) years on the 31 st day of December. No resides; nor thereafter until the County Health
permit or license shall be transferable. Commissioner shall issue a certificate, in writing, that no
§ 88-7. Building specifications. danger of public contagion will result from the
A. Every building occupied and used as a bakery or employment of said person in such establishment.
confectionery establishment shall be inspected by the § 88 11. Cleanliness and sanitation.
Department of Permit and Inspection Services to ensure that it No person or employee shall expectorate or discharge
is well drained, and all plumbing therein shall be constructed in from the human body or any organ thereof any matter
accordance with the rules and regulations governing plumbers whatever upon the walls, floors or equipment nor upon
and plumbing in the City of Buffalo, and that it meets all New any product or material that may be upon the premises.
York State Building and Fire Codes. and the rooms thereof All persons, firms or corporations engaged in the sale of
used for the manufacture or sale of bread or other flower bread or other flour or products or meal products or of
products or meal products or confectionery shall be light, candies or other confectionery shall keep the premises
dry and airy and shall be used exclusively for such on or in which such safe is carried on in a clean and
purpose. The room or rooms used for the manufacture of sanitary condition, subject to the approval of the County
bread or other flour products or meal products of Health Commissioner, and no such bread or other flour
confectionery shall have floors and side walls so products or meal products or candy or other
constructed as to exclude domesticated animals, rats, confectionery or exposed for sale in the open air, but all
mice and all other vermin and shall at all times be free such bread or candy or other like products for sale shall
from moisture and kept in a state of good repair. Said be kept in glass cases or protected from dust and dirt in
floors shall have a smooth surface and be impervious such manner as shall be approved by the County Health
and may be constructed of wood, cement or of tile laid in Commissioner.
cement; but no wood floor shall be constructed in any § 89 12. ingredients to be used in breadmaking.
room used for the manufacture of flour products or meal All bread made or procured for the purpose of sale or
products or confectionery where the floor of said room is offered or exposed for sale or sold in City of Buffalo shall
more than two (2) feet below the level of the street, be of good and wholesome quality and shall be made
sidewalk or adjacent grounds; and, hereafter, no bakery from one (1) or more of the following substances: clean,
or confectionery shall be established in a room the floor sound and wholesome products of wheat, rye, corn or
of which is more than two (2) feet below the level of the other grains; lard, vegetable oils, fats and butter; sugar,
street, sidewalk or adjacent ground. corn sugar and com syrup salt, yeast, water., milk and
B. The walls and ceilings of such rooms used for the other wholesome substances; and no article, material or
manufacture of bread or other flour products or meal substance of any kind which is injurious to health shall
be used by itself or as an ingredient of any mixture or approval of the Common Council and the payment by the
compound in the manufacture of bread. applicant of the fee fixed by this chapter.
§ 88 13. Bread labels, B. A license for a bowling alley shall be issued by the Director
Every loaf of bread made or procured for the purpose of of Licenses and Permits Commissioner of Permit and
sale or offered or exposed for sale or sold in the City of Inspection Services, in his discretion, upon the payment by the
Buffalo shall have affixed thereon in a conspicuous place applicant of the fee fixed by this chapter.
a label upon which shall be plainly printed, in English, in § 92-4. Qualifications of licensee.
type large enough to be easily read, the correct weight of No license shall be issued to any person under the age of
the loaf in pounds and fractions thereof, or in ounces, twenty-one (21) years; nor to any person who has been
and the business name and address of the maker, makers convicted of a felony; nor to any firm or copartnership of which
or manufacturer of the loaf. Such label may be affixed any member has been so convicted of a felony; nor to any
upon the wrapper of bread which is sold in wrappers. The person who is not a citizen of the United States or who has not
most conspicuous part of the label must be the filed his declaration of intention to become a citizen thereof-,
designation of the correct weight. Before printing the nor to any firm or copartnership of which any member is not a
labels, the maker, baker or manufacturer of the bread citizen of the United States or who has not filed his declaration
shall cause proof sheets thereof to be submitted to the of intention to become a citizen thereof, nor to any person who,
Sealer of Weights and Measures. Such labels as he having been previously licensed to conduct a billiard room,
approves shall be deemed to comply with the provisions poolroom or bowling alley shall have had said license revoked
of this section. Such labels as he disapproves shall not during the year immediately preceding the time of making an
be in compliance herewith. No label shall be used which application as herein mentioned; nor to any firm or
he has not approved. The Sealer of Weights and copartnership any member of which, having been licensed too
Measures shall retain a copy of each label submitted to conduct a billiard room, poolroom or bowling alley, shall have
him and shall keep a record of his action had said license revoked during the year immediately preceding
§ 88 14. Weighing of bread. the time of making the application therefor; nor to any
Every maker, baker or manufacturer of bread, every corporation which, having been previously licensed to conduct
proprietor of a bakery or bakeshop and every seller of a billiard room, poolroom or bowling alley, shall have had said
bread within the City of Buffalo shall keep proper scales license revoked during the year immediately preceding the time
and weights, suitable for the weighing of bread, in a of making the application.
conspicuous place where said bread is sold and, § 92-5. Expiration of licenses.
whenever requested. by the buyer and in the buyer's All licenses, except licenses for bowling alleys, shall expire on
presence, shall weigh the loaf or loaves of bread sold or the 30th day of May succeeding the issuing thereof, and all
offered for sale. licenses issued for bowling alleys shall expire on the first day of
§ 88 I5. Stale broad. November succeeding the issuing thereof.
The previsions of §§ 88 12 to 88 14, inclusive of this chapter § 92-6. License fees.
shall not apply to what is commonly known and is sold as "stale A. The license fees shall be at the rates as provided in Chapter
broad," that the seller at the time of the sale expressly states to 175, Fees.
the buyer that the bread is sold as stale bread; and provided, B. No license fee shall be prorated for a period of less than six
further, that such bread be conspicuously marked "stale bread" (6) months.
or be sold from containers marked "stale bread" which are in § 92-7. Gambling and employment of felons prohibited.
plain view of the purchaser. No person, firm or corporation licensed as prescribed in this
NOTE: Matter in BOLD to be deleted; matter underlined is chapter shall pen-nit or suffer any gambling to be carried on in
new. the licensed premises nor knowingly employ in carrying on said
business any person who has been convicted of a felony.
REFERRED TO THE COMMITTEE ON LEGISLATION
§ 92-8. Sale of drugs prohibited.
No person, fin-n or corporation licensed as prescribed in this
NO. 190
chapter shall permit or suffer the sale or possession within said
By: Mr. Fontana
billiard room, poolroom or bowling alley of any habit-forming
Re: Ordinance Amendment
drug or any appliances for administering the same.
Chapter 92 - Billiard and Pool Rooms and Bowling Alleys
§ 92-9. Use of children.
The Common Council of the City of Buffalo does hereby ordain
No person, firm or corporation licensed as prescribed in this
as follows:
chapter shall permit or suffer any child actually or apparently
That Chapter 92 of the Code of the City of Buffalo be amended
under the age of sixteen (16) years to play billiards or pool or to
to read as follows:
bowl on the licensed premises or to be upon or remain in said
§ 92-1. License required.
premises unless accompanied by the parent or guardian of
No person, firm, association or corporation shall, within the
such child.
limits of the City of Buffalo, keep or maintain any public billiard
§ 92-10. Hours.
room, poolroom or bowling alley or any room in which games of
A. No person firm or corporation licensed as provided in this
billiards, pool or bowling are carried on for the playing of which
chapter shall permit or suffer any room wherein a game of
any compensation, direct or indirect, shall be demanded or
billiards or pool is played or is to be played to be or remain open
received without first having procured a license therefor.
between 1:00 a.m. and 6:30 a.m. on any weekday nor at any
§ 92-2. Use of unlicensed premises prohibited.
hour on Sunday, except that any
No person shall permit any room or building owned or
premises where the game of billiards or pool is played or is to
controlled by him to be used for the purpose of a public billiard
be played may remain open after 2:00 p.m. on the first day of
room, poolroom or bowling alley unless the same shall be
the week.
licensed as herein provided.
B. No person, firm or corporation holding a license for the
§ 92-3. Issuance of licenses.
operation of a bowling alley pursuant to this chapter shall
A. No license permitting the operation of a billiard or pool room
permit any such bowling alley to remain open between the
shall be issued by the Director of Licenses and Permits
hours of 4:00 a.m. and 6:30 a.m. of any day.
Commissioner of Permit and Inspection Services without the
§ 92-11. Arrangement of premises.
A. Where there is a window or windows in any room or place C. In the event that the Commissioner shall affirm or modify his
where billiards or pool or bowling is played or is to be played, at original determination, notice thereof shall be served upon
least the lower one-third part of such window or windows shall those who appeared at the hearing in the manner prescribed by
be of clear glass and shall not be screened or curtained at any § 113-9 of this chapter within three (3) days after the hearing,
time of the day or the night, nor shall there be any article or and the order to repair, remove or demolish in the original
thing in the rear of such window or windows so as to prevent a notice shall remain in full force and effect subject only to those
full, clear and unobstructed view of such room or place. specifications modified pursuant to this section.
B. There shall be no enclosed box or stall or private room, and D If the owner or any other person having an interest in the
no partitions forming such boxes or stalls or private rooms shall building or structures described in said notice shall thereafter
be permitted. fail to comply with the original notice or with the original notice
C. There shall be no interior billiard or pool rooms or bowling as modified pursuant to Subsection B of this section, as the
alleys not having a principal door or entrance, and such door or case may be, within thirty (30) days from the service of said
other doors entering such rooms or places shall have therein a original notice, the City of Buffalo shall cause said building or
section of clear glass sufficient to afford a clear view of such structure or any part or parts thereof to be repaired, demolished
rooms or places from the outside. or removed, as may be determined in the discretion of the
D. None of these provisions, however, shall be construed to Commissioner. All costs and expenses incurred by the city in
prevent the maintenance of washrooms or toilet rooms for connection with the proceedings to repair, demolish or remove
proper purposes or the maintenance of closets for storing such building or structure or part or parts thereof, including the
purposes exclusively. cost of actually removing or demolishing the same, shall be
§ 92-12. Exception for clubs and organizations. assessed against the land on which such building or structure
The provisions of this chapter shall not apply any club or is located.
organization formed in good faith, the privilege of which shall be § 113-11. Filing of notice.
enjoyed only by the members thereof who pay for such privilege A. The Commissioner shall file a copy of the notice provided for
a stated sum as a membership fee, except that such club or under § 113-9 in the office of the County Clerk of the County of
organization shall first obtain a permit, to be issued in the Erie within three (3) days after service under § 113-9 is
discretion of the Director of Licenses and Permits complete. Such notice shall be filed by such Clerk in the same
Commissioner of Permit and Inspection Services, before it may manner as a notice of pendency pursuant to Article 65 of the
maintain a room or rooms in which bowling, pool or billiards is Civil Practice Law and Rules and shall have the same effect as
played. a Notice of pendency as therein provided, except as otherwise
It is hereby certified, pursuant to Section 3-19 of the Charter, provided in this section. A notice so
that the immediate passage of the foregoing ordinance is filed shall be effective for a period of one (1) year from the date
necessary. of filing; provided, however, that it may be vacated upon the
APPROVED AS TO FORM order of a Judge or Justice of a court of record or upon the
NOTE: Matter in bold to be deleted; matter underlined is new. consent of the
Corporation Counsel of the City of Buffalo. The Clerk of the
PASSED
County of Erie shall mark such notice and any record or docket
AYES - 12 - NOES - 0
thereof as canceled of record upon the presentation and filing
of such consent or of a certified copy of such order.
NO. 191
B. Where the Commissioner determines to vacate the original
By: Mr. Fontana
notice pursuant to § 113-10 of this chapter, the Corporation
Re: Ordinance Amendment
Counsel of the City of Buffalo shall forthwith file a consent
Chapter 113 - Buildings, Unsafe
thereto pursuant to Subsection A of this section.
The Common Council of the City of Buffalo does hereby ordain
§ 113-12. Records; report to Council; publication.
as follows:
The Commissioner shall keep in his office a record of all
That Chapter 113 of the Code of the City of Buffalo be
buildings not in compliance with § 113-5 hereof, with additional
amended to read as follows:
information showing the action taken by him, from time to time,
§ 113-10. Hearings.
relative to each property and, by not later than April I of each
A. The notice aforementioned shall also contain the time and
year, report to the Common
place at which a hearing will be granted before the
Council all premises upon which work has been performed by
Commissioner or his designed deignee to the owner and such
the city, the name of the owner and the expenses incurred in
other persons having an
the repair, demolition or removal that are unpaid, whereupon
interest in the property or structure described in the notice, at
the Common Council shall order the assessment against said
which time and place the owner and such other persons having
premises for the several sums so reported and the collection of
an interest in the property or structure shall be afforded the
the costs and expenses herein above referred to from the party
opportunity to present testimony and evidence regarding the
or parties responsible therefor under the provisions of §
conditions of the property, with reference to those particulars
113-14. In addition, the Commissioner shall, on a monthly
contained in the aforementioned notice which arc alleged by the
basis, cause to be published in a newspaper of general
Commissioner to endanger the health, safety or welfare of the
circulation, the names of the owner(s) of record of
public. The time of said hearing shall be specified on a date no
properties which have been demolished by the city within
sooner than five (5) days after the service of the
the last
notice and no later than the 10th day after service thereof.
thirty (30) days at its own cost after the owner(s), being
B. If the owner or any person having an interest in the property
duly notified by the city to demolish the structure,
or structure involved submits evidence at such hearing before
refused to do so.
the Commissioner, the Commissioner shall thereafter
It is hereby certified, pursuant to Section 3-19 of the Charter,
make a further determination which shall:
that the immediate passage of the foregoing ordinance is
(1) Affirm his original determination;
necessary.
(2) Modify the specifications of his original determination; or
APPROVED AS TO FORM
(3) Vacate the original notice.
NOTE: Matter in BOLD to be deleted; matter underlined is
new.
removed, whose car and counterweight rests at the bottom of
NO. 192 the shaftway and whose shaftway doors are permanently
By: Mr. Fontana boarded up or barricaded on the inside, or an escalator whose
Re: Ordinance Amendment main power feed lines have been disconnected, or a hydraulic
Chapter 167 - Elevators and Conveyances elevator whose operating fluids (oil, water, etc.) have been
The Common Council of the City of Buffalo does hereby ordain removed from the system and the supply line broken and
as follows: capped.
That Chapter 167 of the Code of the City of Buffalo be ELEVATOR -- A hoisting or lowering mechanism, equipped
amended to read as follows: with a car or platform, which moves in guide rails and serves
§ 167-1. General provisions. two or more landings as covered in § 167- 1 A of this chapter.
A. Equipment covered by this chapter: all equipment in ELEVATOR INSTALLER -- Any person, firm or corporation
accordance with, and contained within, Sub-Chapter G, Part who possesses an elevator installer's license in accordance
1250, Generally Accepted Referenced Standards, of the with the provisions of § 167-6 and who is engaged in the
current edition of the New York State Uniform Fire Prevention business of erecting, constructing, installing, altering,
and Building Code. servicing, repairing or maintaining elevators or related
B. Applicability. mechanisms covered by this chapter.
(1) This chapter covers the design, construction, operation, ESCALATOR -- A power-driven, inclined, continuous stairway
inspection, testing, maintenance, alteration, and repair of all used for raising or lowering passengers.
listed equipment, its associated parts, and its hoistways, when EXISTING INSTALLATION -- An installation that has been
located in or adjacent to a building or structure. completed or is under construction prior to the effective date of
(2) Compliance with the applicable provisions of a generally this chapter.
accepted referenced standard shall constitute compliance with GENERALLY ACCEPTED REFERENCED STANDARDS -- A
this chapter and the Codes of New York State Uniform Fire specification, code, rule, guide or procedure in the field of
Prevention and Building Code]. construction, or field related thereto, recognized as
C. Purpose and exceptions. authoritative. Compliance with the applicable provisions of a
(1) The purpose of this chapter is to provide for the health and referenced standard shall constitute compliance with this
safety of the general public and to protect the public welfare. chapter and the Codes of New York State [Uniform Fire
(2) The provisions of this chapter are not intended to prevent Prevention and Building Code].
the use of systems, methods or devices of equivalent or INDIVIDUAL LIN41TED INSTALLER'S LICENSE -- A written
superior quality, strength, fire resistance, RS-60, ASMEANSI license which is issued to an individual, self-employed or
Al 7.1 Code effectiveness, durability and safety to those employed by a licensed firm or company, who has proven
prescribed by the Al 7.1 Code, provided that there is technical his/her qualifications and ability through examination. The
documentation to demonstrate the equivalency of such system, license shall entitle the holder thereof to engage in the business
method or device. of erecting, constructing, installing, altering, servicing, repairing
(3) The specific requirements of the ASME-ANSI A 17.1 Code or maintaining vertical and inclined wheelchair lifts and inclined
may be modified by the authority having jurisdiction based upon stairway chairlifts within any structure, including but not limited
technical documentation or physical performance verification to to private residences. Fees as set forth in Chapter 175, Fees,
allow alternative arrangements that will assure safety equivalent shall be paid for said license.
to that which would be provided by conformance to the INSPECTOR'S LICENSE -- A license which is issued to a QEI
corresponding requirements of the ASME-ANSI A17.1 Code. certified elevator inspector who has proven his/her
D. Definitions. Except as otherwise expressly provided, the qualifications and ability and has been authorized by the
following words, wherever used in this chapter, shall have the Elevator Safety Review Board to possess this type of license. It
following meanings: shall entitle the holder thereof to engage in the business of
ADMINISTRATORS -- The Commissioner of Permit and inspecting elevators or related mechanisms covered by this
Inspection Services and the Commissioner of Public Works, chapter.
Parks and Streets or their designees. INSTALLATION -- A complete elevator, dumbwaiter, escalator,
ASME-ANSI A17.1 ELEVATOR SAFETY CODE (also known material lift, inclined lift or moving walk, including its hoistway,
as "Referenced Standard-60" and/or "RS-60") -- The National hoistway enclosures and related construction, and all
Safety Code for Elevators and Escalators, produced by the machinery and equipment necessary for its operation.
American Society of Mechanical Engineers, in conjunction with INSTALLER'S LICENSE -- A license which is issued to an
the American National Standard Institute, as adopted by the elevator installer who has proven his/her qualifications and
New York State Department of State. (See Title 19, NYCRR of ability and has been authorized by the Elevator Safety Review
the Codes of New York State.) [Uniform Fire Prevention and Board to possess this type of license. It shall entitle the holder
Building Code.)]BOARD -- The Elevator Safety Review Board thereof to engage in the business of erecting, constructing,
described in § 167-3 of this chapter. installing, altering, servicing, repairing or maintaining elevators
CERTIFICATE OF OPERATION -- A document issued to or related equipment covered by this chapter.
property owners that indicates that the elevating equipment on LICENSE -- A written license, duly issued by the
the premises complies with the provisions of this chapter and Commissioner of Pen-nit and Inspection Services, authorizing
the Codes of New York State [Uniform Fire Prevention and a person, firm or company to carry on the business of erecting,
Building Code]. constructing, installing, altering, servicing, repairing or
CONVEYANCE -- Any equipment listed in the current adopted maintaining or performing inspections of elevators or related
edition of the ANSI A 17.1 Elevator/Escalator Safety Code, mechanisms covered by this chapter.
[New York State Uniform Fire Prevention and Building Code, LICENSEE -- The elevator inspector, elevator installer and/or
Generally Accepted Standards, Part 1250, ]including but not limited installer.
limited to any elevator, dumbwaiter, escalator, moving sidewalk LIMITED INSTALLER'S LICENSE -- A written license, duly
or wheelchair lift, including vertical wheelchair lifts, inclined issued by the Commissioner of Permit and Inspection
wheelchair lifts and inclined stairway chairlifts. Services, authorizing a person, firm or company who employs a
DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR licensed individual installer to carry on the business of erecting,
-- Any elevator or dumbwaiter whose cables have been constructing, installing, altering, servicing, repairing or
maintaining vertical wheelchair lifts, inclined wheelchair lifts G. Maintenance of existing elevators and conveyances in
and inclined stairway chairlifts within any building or structure, commercial occupancies.
including but not limited to private residences. The (1) Elevators and conveyances existing in any commercial
aforementioned wheelchair lifts and chairlifts shall conform to structure shall be maintained to safely sustain the loads to
the requirements of ASME Al 8.1-2001, Safety Standard for which they are subject, to operate properly and to be free of
Platform Lifts and Stairway Chairlifts [ANSI Al 7. 1, Part XXI, physical and fire hazards.
Sections 2100 - 2202, and may not exceed 10 feet nor (2) No elevator or conveyance in an existing commercial
penetrate a floor for private residences and conform to the structure shall be permanently removed from service without
requirements of ANSI A 17. 1, Part XX, Section 2000 - 2002, prior written approval from the City of Buffalo Elevator Safety
and may not exceed 12 feet nor penetrate a floor for Review Board.
conveyances other than in private residences]. § 167-2. License required.
MATERIAL ALTERATION -- In accordance with the A. No person, firm or company shall erect, construct, alter or
requirements contained in [Section 1200 (Alterations) of ]the replace, maintain, remove or dismantle any conveyance
RS-60 Standard, includes but is not limited to an increase in contained within buildings or structures within the City of
rated load or speed, an increase in dead weight of the car by Buffalo or structurally a part thereof unless an installer's license
more than 10%, an increase in rate of travel, a change in the has been issued as described herein or working under the
type of operation or control, a change in classification from direct on-site supervision of a person, firm or company who is
freight to passenger service, an increase in working pressure licensed pursuant to this chapter. A licensed installer is not
of more than 10% in hydraulic elevators, a change in type of required for removing or dismantling conveyances which are
operation in hydraulic elevators or a change in type of control; destroyed as a result of a complete demolition of a secured
requires a full final acceptance inspection in accordance with building or structure whereby no access is permitted therein to
the latest NYS adopted edition of ANSI A 17.1 Code. (See the endanger the safety and welfare of a person.
permit fee schedule for material alterations as set forth in B. No person, firm or company shall inspect any conveyance
Chapter 175, Fees.) within buildings or structures, including but not limited to
MATERIAL LIFT INSTALLER!S LICENSE -- A written license, private residences, within the City of Buffalo or structurally a
duly issued by the Commissioner of Permit and Inspection part thereof unless an inspector's license has been issued as
Services, authorizing a person, firm, or company who employs described herein.
a licensed individual lift installer to carry on the business of C. It shall be unlawful for any license holder to utilize both the
erecting, constructing, installing, altering, servicing, repairing or installer's license and the inspector's license at the same time
maintaining material lifts and within any building or structure. on any conveyance in order to avoid potential conflicts of
The aforementioned material lifts/conveyances shall conform to interest.
the requirements of RS 61-3 ASME/ANSI Safety Standard for § 167-3. Elevator Safety Review Board.
Conveyors and Related Equipment, B20.1-93. A. There is hereby created the Elevator Safety Review Board,
MOVING SIDEWALK -- A type of passenger carrying device herein referred to as the "Board" consisting of nine members,
on which passengers stand or walk and in which the one of whom shall be the Commissioner of Public Works Parks
passenger-carrying surface remains parallel to this direction of and Streets or his delegate, one of whom shall be the
motion and is uninterrupted as described in ANSI A17.1 Commissioner of Permit and
NEW INSTALLATION -- Any installation not classified as an Inspection Services or his delegate, and one of whom shall be
existing installation by definition, or an existing elevator, the Commissioner of Fire or his delegate. The Mayor shall
dumbwaiter, escalator, material lift, inclined lift or moving walk appoint the remaining six members of the Board as follows: one
moved to a new location subsequent to the effective date of this representative from a major elevator manufacturing company or
chapter. its authorized distributor; one representative from an elevator
PENETRATE A FLOOR -- To pass through or pierce the floor servicing company; one representative from an insurance
in such a way that the rectangular opening has four contiguous company; one representative of the architectural design
sides. profession; one representative of the
PRIVATE RESIDENCE -- A separate dwelling or a separate Building Owners and Managers Association (BOMA); and one
apartment in a multiple dwelling which is occupied by members representative of labor involved in the installation, maintenance
of a single-family unit. and repair of elevators.
QUALIFIED ELEVATOR INSPECTOR (QEI) -- Any person, B. The members constituting such Board shall serve for terms
certified in accordance with the ASME QEI- 1, Standard for the of three years, excluding the Commissioner of Permit and
Qualification of Elevator Inspectors, and who possesses an Inspection Services, the Commissioner of Public Works, Parks
elevator inspector's license in accordance with the provisions of and Streets and the
this chapter, [the New York State Uniform Fire Prevention and Commissioner of Fire who shall serve continuously. The
Building Code] and the RS-60 Standard, and any person, firm members shall serve Without salary. The Mayor shall appoint
or company who is engaged in the business of inspecting one of the members to serve as Chairman. The Chairman shall
elevators or related mechanisms covered by this chapter. be the deciding vote in the event of a tie vote.
REPAIR -- The process of rehabilitation or replacement of § 167-4. Meeting of Board.
parts that are basically the same as the original for the purpose The Board shall meet and organize within 10 days after the
of ensuring performance in accordance with the applicable appointment of its members and at such meeting shall elect
Code requirements. one Secretary of the Board to serve during the term to be fixed
STOP -- The level at which passengers or freight can enter or by the rules and regulations to be adopted by the Board. The
exit the car. Board shall meet regularly once in each month at a time and
E. All other vertical transportation terms are defined in the most place to be fixed by it and at such times as it is deemed
current adopted edition of ANSI A 17.1 Code. necessary for the consideration of appeals for licenses and for
F. For the purpose of this chapter, the term "elevator" and the the transaction of such other business as properly may come
term "dumbwaiter" shall also include their hoistways, together before it. Special meetings shall be called as in the rules and
with hoistway enclosures and the hoistway door or gates giving regulations provided. Any appointed Board Member absent
entrance thereto and the elevator or dumbwaiter machinery from three consecutive meetings without being excused by the
enclosures. Chairman may be removed after a hearing before the Mayor.
§ 167-5. Powers of Board. (7) Criminal records, if any, as verified by the Commissioner of
A. The Board shall be authorized to consult with engineering Police.
authorities and organizations concerned with standard safety (8) Such other information as the Commissioner of Permit and
codes; rules and regulations governing the operation, Inspection Services may reasonably require.
maintenance, construction, alteration, installation and/or § 167-7. Qualifications of installers and inspectors.
servicing/inspection of elevators, dumbwaiters, escalators, etc., A. Qualifications of inspectors. No inspector's license shall be
and the qualifications which are adequate, reasonable and granted to any person, firm or company unless he or it shall
necessary for the installers and inspectors. Therefore, the prove to the satisfaction of the Commissioner of Permit and
Board shall be authorized to recommend the amendments of Inspection Services and Commissioner of Public Works, Parks
applicable legislation, when appropriate, to legislators. and Streets, hereinafter referred to as the "administrators," that
B. The Board shall also have the authority to grant exceptions he or it meets the current ANSI QEI Standards for the
and variances from the literal requirements of applicable code Qualifications of Elevator Inspectors. It is not the function or
and standards, regulations and/or local legislation in cases duty of inspectors to make any repairs or adjustments to the
where equipment nor to recommend methods or procedures for
such variances would not jeopardize the public safety and correction of deficiencies. [The Director of Licenses] The
welfare. The Board shall have the authority to hear appeals, Commissioner of Permit and Inspection Services shall grant all
hold hearings and decide upon such appeals, as set forth in § licenses to be issued for two years.
167-11. B. Qualifications of installers. No license shall be granted to
§ 167-6. Application for installer's or inspector's license. any person, firm or company who has not proven his/its
A. Installer. Any person, fin-n or company wishing to engage in qualifications and abilities. Applicants for elevator installers
the business of elevator, dumbwaiter, escalator or moving must demonstrate the following qualifications:
sidewalk installation, alteration, service, replacement or (1) An acceptable combination of experience and education
maintenance within the City of Buffalo shall make application credits or seven years' (1,750 hours/year) work experience in
for a license to install or service the elevator industry in construction, maintenance and
conveyances to the Commissioner of Permit and Inspection service/repair, as verified by current and previous employers.
Services on a form provided by the Commissioner. (2) Certificates of completion of National Elevator Industry
B. Inspector. Any person, firm or company wishing to engage Educational Program (NEIEP) modules, or two-year/four-year
in the business of elevator, dumbwaiter, escalator, moving degree in electronics, engineering or other relevant fields.
sidewalk, vertical wheelchair lift, inclined wheelchair lift or (3) A mechanic's certificate.
inclined stairway chairlift inspections within the City of Buffalo, (4) Satisfactory completion of a written examination
upon proof of QEI certification administered by the City of Buffalo.
shall make application for a license to the Commissioner of (5) Evidence of insurability as previously established by the
Permit and Inspection Services on a form to be provided by the Commissioner of Permit and Inspection Services.
Commissioner. (6) Advance payment of all application fees as previously
C. Limited installer. Any person, firm or company wishing to established by the Commissioner of Permit and Inspection
engage in the business of vertical wheelchair lift, inclined Services.
wheelchair lift, or inclined stairway chairlift installation, C. Qualifications of limited installers. No license shall be
alteration, service, replacement or maintenance within the City granted to any person, firm or company who has not proven
of Buffalo shall make application his/its qualifications and abilities. Applicants for individual
for a license to the Commissioner of Permit and Inspection limited installer's license must demonstrate the following
Services on a form provided by the Commissioner. qualifications:
D. Material lift installer. Any person, fin-n or company wishing (1) An acceptable combination of experience and education
to engage in the business of material lift/conveyor installation, credits or five years' (1,750 hours/year) work experience in the
alteration, service, replacement or maintenance within the City wheelchair lift industry in construction, maintenance and
of Buffalo shall make application for a license with the service/repair, as verified by current and previous employers
Commissioner of Permit and Inspection Services on a form and previous employers of inclined stairway chair lifts and
provided by the Commissioner. inclined and vertical wheelchair lifts.
E. Said applications shall contain information for the following (2) Satisfactory completion of a written examination
provisions: administered by the City of Buffalo.
(1) If a person, the name, residence and business address of (3) Evidence of insurability as previously established by the
the applicant. Commissioner of Permit and Inspection Services.
(2) If a partnership, the name, residence and business address (4) Advance payment of all application fees as previously
of each partner. established by the Commissioner of Permit and Inspection
(3) If a domestic corporation, the name and business address Services.
of the corporation and the name and residence address of the D. Qualifications of material lift installers. No license shall be
principal officer of said corporation; if a corporation other than a granted to any person, firm or company who has not proven
domestic corporation, the name and address of an agent his/its qualifications and abilities. Applicants for material lift
located locally who shall be authorized to accept service of installer's license must demonstrate the following qualifications:
process and/or official notices. (1) An acceptable combination of experience and education
(4) The number of years the applicant has engaged in the credits or five years' (1,750 hours/year) work experience in the
business of installing, inspecting and/or maintaining or material lift industry in construction, maintenance and
servicing elevators and/or wheelchair lifts. service/repair, as verified by current and previous employers
(5) The approximate number of persons, if any, to be employed and previous employers of material lifts/conveyors.
by the applicant and, if applicable, satisfactory evidence that (2) Satisfactory completion of a written examination
the employees are or will be covered by workers' compensation administered by the City of Buffalo.
insurance. (3) Evidence of insurability as previously established by the
(6) Satisfactory evidence that the applicant is or will be covered Commissioner of Permit and Inspection Services.
by general liability, personal injury and property damage
insurance.
(4) Advance payment of all application fees as previously specifically stated otherwise, is not intended to establish more
established by the Commissioner of Pen-nit and Inspection stringent or more restrictive standards than standards set forth
Services. in the applicable state law.
§ 167-8. Issuance and renewal of licenses; fees. § 167-14. Permits.
Upon approval of an application by the administrators, the A. No conveyance, including wheelchair lifts, shall be erected,
Commissioner of Permit and Inspection Services may issue a constructed, installed or materially altered within buildings or
license which shall be renewable biennially. The fee for such structures within the City of Buffalo unless a construction
license or for any renewal thereafter shall be set forth in Permit has been obtained from the Commissioner of Permit
Chapter 175, Fees. and Inspection Services before the work is commenced.
§ 167-9. Suspension and revocation of licenses. Where any material alteration, as defined herein, is made, the
A license issued pursuant to this chapter may be suspended or conveyance
revoked by the administrators upon verification that any one or shall conform to all existing requirements. No permit required
more of the following reasons exist: hereunder shall be issued except to a person, firm or
A. Any false statement as to material matter in the application. corporation holding a current installer's license, or limited
B. Fraud, misrepresentation or bribery in securing a license. installer's license,
C. Failure to notify the Commissioner of Permit and Inspection duly issued pursuant to this chapter. A copy of such pen-nit
Services and the owner or lessee of an elevator or related shall be kept at the construction site at all times while the work
mechanisms of any condition not in compliance with this is in progress.
chapter. B. The permit fee for erection, construction or installation shall
D. Violation of any provisions of this chapter. be as set forth in Chapter 175, Fees. The permit fee for
§ 167-10. Hearing on charges; decision. material alteration shall be set forth in Chapter 175, Fees. Any
No license shall be suspended or revoked until after a hearing fee collected regarding an expired or revoked permit is
before the administrators upon notice to the licensee of at least nonrefundable. Commercial inclined
10 days at the last known address appearing on the license, wheelchair lifts shall be considered two stops regardless of
served personally or by registered mail. The notice shall state travel distance.
the date, hour and place of hearing and set forth a statement of C. Permit requirements.
facts constituting the grounds for the charges against the (1) Each application for a permit shall be accompanied by
licensee. The administrators shall suspend or revoke the triplicate copies of specifications and accurately sealed and
license or dismiss the proceeding. fully dimensioned plans showing the location of the installation
§ 167-11. Appeals. in relation to the plans and elevation of the building; the location
Any person whose license is revoked or suspended may appeal of the machinery room and the equipment to be installed,
from such determination to the Board, which shall, within 30 relocated or altered; and all structural supporting members
days thereafter, hold a hearing, of which at least 15 days thereof, including foundations; and shall specify all materials to
written notice shall be given to all interested parties. The Board be employed and all loads to be supported or conveyed. Such
shall, within 30 days after such hearing, issue a decision. plans and specifications shall be sufficiently complete to
§ 167-12. Registration of existing elevators, wheelchair lifts, illustrate all details of construction and design.
dumbwaiters, escalators, moving sidewalks and any other (2) Each permit application shall be accompanied by the
conveyance. applicable fees.
Within 30 days after the date of the appointment of the Board, (3) Repair permits are not required when the process of
the owner or lessee of every existing conveyance shall register rehabilitation or replacement of parts that are basically the
with the Commissioner of Permit and Inspection Services each same as the original for the purpose of ensuring performance
such elevator, dumbwaiter, wheelchair lift and escalator owned in accordance with the applicable code requirements are used.
and operated by him, giving the type, rated load and speed, D. Revocation of permits. Permits may be revoked for the
name of manufacturer, its location and the purpose for which it following reasons:
is used and such information as the Commissioner of Permit (1) Where any false statements or misrepresentation as to the
and Inspection Services may require. Elevators, dumbwaiters, material facts in the application, plans or specifications on
wheelchair lifts, escalators and moving sidewalks or other which the permit was based.
conveyances upon which construction has begun subsequent (2) Where the permit was issued in error and should not have
to the date of the creation of the Board shall be registered been issued in accordance with the code.
within not more than seven days after they are completed and (3) Where the work detailed under the permit is not being
placed in service. performed in accordance with the provisions of the application,
§ 167-13. Compliance with the Codes of New York State plans or specifications or with the code or conditions of the
[Uniform Fire Prevention and Building Code]. permit.
A. It shall be the responsibility of property owners, individuals, (4) Where the installer to whom the permit was issued fails or
firms or companies licensed as described above to ensure that refuses to comply with a stop-work order.
installation, service, operation and maintenance of elevators is E. Expiration of permits. Permits shall expire:
in accordance with the provisions contained in The Building (1) If the work authorized by such permit is not commenced
Code, Chapter 35,Referenced within six months after the date of issuance, or within a shorter
Standards contained within the Codes of New York State – The period of time as the Commissioner of Permit and Inspection
Collection. Publication date, May 2002, First Printing. [Part Services or his duly authorized representative in his discretion
1062 of the New York State Fire Prevention and Building Code) may specify at the time the permit is issued.
incorporated in (2) If the work is suspended or abandoned for a period of 60
§ 167-1 of this Code [and/or in accord with generally accepted days, or such shorter period of time as the Commissioner of
standards referenced in Part 1250.4 of said code and to be Pen-nit and Inspection Services or his duly authorized
prepared to certify such compliance]. representative in his discretion may specify at the time the
B. Whenever a provision in this chapter is found to be permit is issued, after the work has been started. For good
inconsistent with any provision of the applicable local or state cause, the Commissioner of Permit and Inspection Services or
law, code or regulation, the state law shall prevail. This chapter, his representative may allow an extension of the foregoing
unless period at his discretion.
§ 167-15. New installations: annual inspections and $500,000 for property damage in any one occurrence and the
registrations. statutory workers' compensation insurance coverage.
A. Installations: certificate of operation required. B. Any person, firm or corporation who shall inspect any
(1) All new conveyance installations shall be performed by a conveyance contained within buildings or structures within the
person, firm or company to which a license to install or service City of Buffalo shall submit to the Commissioner of Permit and
conveyances has been issued. Subsequent to installation, said Inspection Services an insurance policy or certified copy
licensed person, firm or company must certify compliance with thereof, issued by an insurance company authorized to do
the applicable sections of Chapter 167. Prior to any business in the State of New York, to provide general liability
conveyance being used, a certificate of operation must be coverage of at least $ 1,000,000 for injury or death of any one
obtained from the Commissioner of Permit and Inspection person and $ 1,000,000 for injury or death of any
Services by the property owner or lessee. A fee as set forth in Number of persons in any one occurrence, with the coverage of
Chapter 175, Fees, shall be paid for said certificate of at least $500,000 for property damage in any one occurrence
operation. It shall be the responsibility of the licensed installer and the statutory workers compensation insurance coverage.
to complete and submit first-time registration(s) for new C. Such policies, or duly certified copies thereof, or an
installations. appropriate certificate of insurance, approved as to form by the
(2) The certificate of operation fee for newly installed Corporation Counsel and as to sufficiency by the Comptroller,
wheelchair lifts and inclined stairway chair lifts for private shall
residences shall be subsequent to an inspection by a licensed be delivered to the Commissioner of Permit and Inspection
third party inspection firm. Services before or at the time of the issuance of a license. In
B. Annual inspections: certificate of operation required. All the event of any material alteration or cancellation of any policy,
conveyances existing in any building or structure must be at least 10 days' notice thereof shall be given to the
inspected annually by a person, firm or company to which a Commissioner of Pen-nit and Inspection Services, City Hall,
license Buffalo, New York 14202.
to inspect conveyances has been issued. Subsequent to § 167-17. Enforcement.
inspection, said licensed person, firm or company must certify It shall be the duty of the Commissioner of Permit and
compliance with applicable sections of Chapter 167 referenced Inspection Services to develop an enforcement program which
in § 167-2 will ensure compliance with regulations and requirements
above, and prior to use, a certificate of operation must be referenced in §§ 167-1 through 167-24. This will include but
obtained by the property owner or manager from the will not be limited to identification of property locations which
Commissioner of Permit and Inspection Services in are subject to said regulations and requirements; issuing
accordance with the fees set forth in Chapter 175, Fees. The notifications to violating property owners or operators; random
certificate of operation fee for existing wheelchair lifts and on-site inspections and tests on existing installations;
inclined stairway chair lifts for private residences and any witnessing periodic inspections and testing in order to ensure
renewal certificate shall be waived. After an initial inspection, satisfactory performance by licensed persons, firms or
there shall be no subsequent annual inspection required for companies; and assist in development of public awareness
interior and exterior inclined and vertical wheelchair or stairway programs during the initial licensing period subsequent to
lifts in a private residence. The enactment of this chapter and as warranted thereafter.
Commissioner of Permit and Inspection Services or his § 167-18. Liability.
designee shall approve all newly installed and existing This chapter shall not be construed to relieve or lessen the
wheelchair lifts and inclined stairway chair lifts for private responsibility or liability of any person, fin-n or corporation
residences subsequent to an inspection by a person, firm or owning, operating, controlling, maintaining, erecting,
company to which a license to inspect conveyances has been constructing, installing, altering, testing or repairing any
issued. Inspection companies must supply the property owner elevator or other related mechanisms covered by this chapter
or lessee and the City of Buffalo with a written inspection report for damages to person or property caused by any defect
describing any and all code violations. If the Commissioner is therein, nor does the City of Buffalo assume any such liability
satisfied with the inspection, a certificate of operation shall be or responsibility therefor or any liability to any person for
issued. whatever reason whatsoever by the adoption of this chapter or
C. Temporary certificate of operation. A temporary certificate of any acts or omissions arising thereunder.
operation may be issued which will permit the temporary use of § 167-19. Penalties for offenses.
a conveyance for a limited time not to exceed 30 days while Any owner or lessee who shall violate any of the provisions of
minor repairs are being completed. this chapter, upon conviction thereof, shall be fined in an
D. Display certificate of operation. Certificates of operation amount not exceeding $1,500 or be imprisoned for a period not
referenced in Subsection A through C (above) are renewable exceeding 15 days, or both such fine and imprisonment.
annually except for certificates issued for wheelchair lifts and § 167-20. Provisions not retroactive.
inclined stairway chairlifts for private residences, which shall be The provisions of this chapter are not retroactive, so that
valid for a period of three years. equipment shall be required to comply with the applicable code
Certificates of operation must be clearly displayed on each at the date of its installation and any subsequent alteration
elevator. except as specifically provided hereunder, unless a building
§ 167-16. Insurance requirements. has been officially designated as historic [and is subject to Part
A. Any person, firm or corporation who shall install, service, 1233 of the New York State Uniform Fire Prevention and
repair, replace or maintain any conveyance contained within Building Code] and except further that if, upon inspection of
buildings or structures within the City of Buffalo shall submit to any device covered by this chapter, the equipment is found in a
the Commissioner of Permit and Inspection Services an dangerous condition or there is an immediate hazard to those
insurance policy or certified copy riding on or using such equipment or if the design or the
thereof, issued by an insurance company authorized to do method of operation in combination with devices used is
business in the State of New York, to provide general liability considered inherently dangerous in the opinion of the
coverage of at least $1,000,000 for injury or death of any one Commissioner of Pen-nit and Inspection Services, he shall
person and $1,000,000 for injury or death of any number of notify the owner as provided herein of such condition and shall
persons in any one occurrence, with the coverage of at least
order such alterations or additions as may be deemed at the same time of the required five-year inspection and
necessary to eliminate the dangerous condition. testing.
§ 167-2 1. [Retroactive provisions.] § 167-24. Three-year inspection and testing of pressure relief
A. The provisions of this code are not retroactive, except for valve on hydraulic elevators.
those set forth in Subsection B(l) through (5) below. However, A. All hydraulic elevator pressure relief valve tests shall be
applicants who have filed applications prior to the effective date witnessed by a licensed third party inspection company QEI
of this chapter may, at their own election, conform to the code inspector in accordance with ANSI A 17.1 Code, [Part XJ
adopted herein or to the Periodic Inspection and Test, requirements. [(specifically
previous code. If the applicants who have filed applications Sections 1005.1, 1005.2, 1005.2c,
prior to the effective date of this chapter choose to be adjudged 1005.2d, 1005.2e and 1005.3a and b.)]
under the previously applicable code, they must complete B. The aforementioned test shall be completed on an annual
installation within one year after the effective date of this basis; however, the test needs to be witnessed by a QEI
chapter. inspector every three years. Ultimately it is the equipment
B. Owners of existing installations, which need to be retrofitted, owner's responsibility to have these tests completed.
must complete the retrofitting within one year after the effective § 167-25. [Maintenance of firefighter service test logs.]
date of this section. [A. All elevators contained in the City of Buffalo that are
C. Required for retrofitting. All existing elevators shall be provided with firefighter service shall be subjected monthly to
provided with; Phase I recall and a minimum of one floor operation on Phase
(1) Emergency signaling and communication devices. 11 to assure the system is maintained in proper operating
(2) Pit access, illumination and a stop switch. order. A record of written findings on the operation shall be
(3) Top-of-car stop switch. maintained by the property owner and kept on the premises of
(4) Hoistway door locking devices, and car-door or gate electric said operation in accordance with ANSI A17.1 Code Section
contacts. 1200, Rule 1206.7, Maintenance of Fire-Fighters Service Test
(5) Standby (emergency) lighting power source, and a Logs, requirements.
top-of-car electric light and convenience outlet fixture. B. The test log shall be maintained monthly as to the passing or
D. The administrators shall maintain and make available to the failing of the system. The log shall include, but not be limited to
public a handbook detailing the specification for the such information as building address, building name, elevator
requirements of this section. ] I.D. number, elevator type, rise of travel and the signature and
§ 167-22. Five-year inspection and testing of speed governors title of the person
and safeties. conducting the test.
A. It shall be the responsibility of all property owners, licensed C. All third-party inspection company inspectors shall be
individuals, firms or companies as described in this chapter, to required to ask for and review fire Service logs during annual
ensure that the required five-year inspection and Testing are elevator inspections.
performed at the required intervals in compliance with the most D. Any property owner who has failed to produce and/or
current adopted maintain a firefighter service test log shall be in violation of this
Edition of ASME ANSI A 17. 1, the most current adopted chapter and the New York State Building Code.
edition of ASME ANSI A 17.2, Inspector's Manual for Elevators § 167-26. High-rise building fire-lock boxes.
and Escalators; and the most current adopted edition of ASME A. Fire lock box location switch key (fire lock box) shall be
ANSI A 17, Safety Code for Existing Elevators and Escalators. installed on the exterior of all buildings in accordance with the
B. [In accordance with Part X, Periodic Inspections and Tests, current adopted edition of NFPA 10 L. All fire lock box locations
a]All shall be approved by the Commissioner of Fire or his designee.
of the ANSI A 17.1 Code, five-year full-load safety tests
Owners of existing
and speed governor tests shall be witnessed by a licensed
installations which need to be retrofitted with switch key (fire
third-party inspection company QEI inspector. Upon completion
lock box) must complete the retrofitting within one year after the
of the witnessing of tests, the inspection company shall submit
effective date of this section.
to the City of Buffalo and to the equipment owner a statement
B. The fire lock box shall contain a key for access to the
certifying that the witnessing/inspection of the test has been
following areas:
completed.
(1) All points of ingress and egress, whether doors are on the
C. A metal tag shall be affixed to the equipment as required
interior or exterior of the building;
and in accordance with the ANSI Al 7.1 Code. Only the actual
(2) Mechanical and electrical equipment rooms;
test shall be witnessed and not the preparation work associated
(3) Elevator controls;
with any unit being tested.
(4) All common areas of the building which may be secured;
§ 167-23. Inspection and testing of main machine gear box on
and
electric elevators.
(5) Any other areas deemed necessary by the Commissioner of
A. Inspection and testing of the main machine gear box in
Fire or his designee.
accordance with ANSI A 17.1 Code [Part X] requirements. The
All keys contained in the fire lock box shall be properly
inspection, replacement and/or repair of electric elevator main
identified as to function by a metal tag or stamped identification
machine gearbox shall include, but not be limited to:
on the key.
(1) Inspection and or replacement of worm and ring gears due
§ 167-27. Temporary dormant elevator, dumbwaiter or
to wear and tear.
escalator.
(2) Inspection and/or replacement of bolts that hold ring gear to
A. An installation whose power supply has been disconnected
spider gear. The bolt type or grade replacement shall be in
by removing fuses and placing a padlock on the mainline
accordance with manufacturer's specifications, i.e., torquing of
disconnect switch in the "Off' position shall be considered
ring gear nuts and bolts shall be in accordance with
dormant.
manufacturer's specifications.
The car is parked and the hoistway doors are in the closed and
(3) All five-year tests and inspection of the main gear box shall
latched position. A wire seal shall be installed on the mainline
be witnessed by a licensed third-party QEI inspection company
disconnect switch by a licensed elevator inspector. This
inspector.
installation
B. The inspection, testing or repair of an electric elevator's
main machine gear box shall be completed in conjunction and
shall not be used again until it has been put in safe running Except as otherwise specified, no person shall store, sell,
order and is in condition for use. Annual inspections shall handle, use or transport any flammable liquid in excess of the
continue for the duration of the temporary dormant status by a quantities set forth in this section without first obtaining a
licensed license from the [Director of Licenses] Commissioner of Permit
elevator inspector. and Inspection Services. Licenses shall be renewed annually.
B. "Temporarily dormant" status shall be renewable on an A license shall be required to store, sell, handle, use or
annual basis and shall not exceed a five-year period. The transport flammable liquids in excess of the following amounts,
inspector shall file a report with the City of Buffalo describing unless otherwise specifically required in this Article for lesser
the current conditions. The wire seal and padlock shall not be amounts:
removed for any purpose without permission from the City of A. Total quantity of Class I liquid in excess of ten (10) gallons
Buffalo Elevator Code Enforcement Officer. in any building or on any premises.
It is hereby certified, pursuant to Section 3-19 of the Charter, B. Total quantity of Class 11 liquid in excess of ten (10) gallons
that the immediate passage of the foregoing ordinance is in any building or in excess of twenty-five (25) gallons outside
necessary. any building.
APPROVED AS TO FORM C. Total quantity of Class III liquid or a combined total of Class
NOTE: Matter in brackets [ ] to be deleted; matter underlined is H and Class III liquid in excess of twenty-five (25) gallons in
new. any building or in excess of fifty-five (55) gallons outside
any building.
PASSED
§ 186-2. Temporary use or storage; exceptions to license
AYES - 12 - NOES - 0
requirements.
A. When quantities of flammable liquid in excess of those
NO. 193
mentioned in § 186-1 are maintained for a period of less than
By: Mr. Fontana
thirty (30) days, a license shall not be required if the materials
ORDINANCE AMENDMENT
mentioned are being used or stored for such purposes as
CHAPTER 169 -EXCAVATIONS AND QUARRIES
decoration of a building,
The Common Council of the City of Buffalo does hereby ordain
repairs or are in transit at such places as freight sheds.
as follows:
However, in such cases, all other requirements of this Article
That Section 169-4 of Chapter 169 of the
shall apply.
Code of the City of Buffalo be amended to
B. Except where manufactured, distilled or packaged, a license
read as follows:
shall not be required for the storage or handling of beverages
§ 169-4. Notice of violation.
and pharmaceuticals defined herein as "flammable liquids." An
The [Commissioner of Inspections and
annual license shall not be required under this Article for the
Licenses] Commissioner of Permit and Inspection Services is
storage of fuel oil where the storage and use of such liquid is
hereby authorized to serve a written notice, in the manner
for the purpose of supplying fuel oil burner equipment as
provided by Section [160] 28-7 of the Charter, upon the owner
otherwise
of any land upon which a quarry, pit or excavation exists in
regulated. However, a permit will be required for the storage
violation of this Article, requiring such owner to fill the same or
facilities as provided for in § 186-3
to fence or post it as hereunder required within ten (10) days
of this Article.
after the service of such notice. If such owner fails to comply
§ 186-3. Permit for storage tanks inspections.
with the requirements of such notice, the [Commissioner of
Permits for the installation of aboveground, vaulted or
Inspections and Licenses] Commissioner of Permit and
underground tanks for the storage of flammable liquids or for
Inspection Services shall report such failure to the Common
the replacement of such tanks, where necessary, shall be
Council, and it may direct him to cause such work to be done,
obtained from the [Division of Buildings] Department of Permit
and the expense thereof may be recovered by action, or the
and Inspection Services.
Common Council may direct the expense thereof to be
A. Approval of application by Commissioner of Fire. Before any
assessed against the property and collected in the manner
permit for the construction, alteration or installation of
provided by the Charter.
structures or equipment pertaining to the use, sale, storage,
It is hereby certified, pursuant to Section 3-19
handling or transportation of flammable liquids is issued, the
of the Charter, that the immediate passage of the foregoing
plans and specifications therefor shall be referred to the
ordinance is necessary.
Commissioner of Fire, who shall note his approval or
APPROVED AS TO FORM
disapproval thereon concerning the compliance of such plans
Michael B. Risman
and specifications with this Article.
Corporation Counsel
B. Inspection of completed work. Before any installation
NOTE: Matter in brackets [] to be deleted; matter underlined is
intended for the use, sale or storage of flammable liquids is
new.
placed in service in the case of vaulted or aboveground tanks,
PASSED
and in the
AYES-12. NOES-0.
case of underground tanks is placed in service or covered from
sight, notification shall be given to the [Division of Buildings]
NO. 194
Department of Permit and Inspection Services and the
By: Mr. Fontana
Department of Fire, which departments shall, within forty-eight
ORDINANCE AMENDMENT
(48) hours after such notification, inspect the installation and
CHAPTER 186 - FLAMMABLE LIQUIDS
give approval if the requirements of this Article and other
The Common Council of the City of Buffalo does
applicable ordinances
hereby ordain as follows:
have been complied with.
That Chapter 186 of the Code of the City of Buffalo
§ 186-4. Application and issuance of license for storage, sale,
be amended to read as follows:
handling, use or transport.
§ 186-1. License required for storage, sale, handling, use or
A. Before any person engages in the City of Buffalo in the use,
transport; classifications.
storage, handling, sale or distribution of flammable liquids as
defined and not otherwise exempted in this Article, he shall
make application to the [Director of Housing and Inspections] alter or service any oil-fired heating equipment or storage
Commissioner of Permit and Inspection Services for a license facilities covered by this Article, parts or accessories thereof or
for such purpose, stating the location of the place where such appurtenances thereto without
business or use is to be carried on and the type of such first having obtained a license therefor from the [Director of
business or use. The [Director of Licenses] Commissioner of Housing and Inspections] Commissioner of Permit and
Permit and Inspection Services may thereupon issue the Inspection Services as hereinafter provided.
proper B. Applications for a license shall be made on forms furnished
license for any suitable premises to any suitable person, upon for such purpose by the Bureau of Fire Prevention or the
proper showing that the applicant is such suitable person and [Division of Licenses] Department of Permit and Inspection
the premises are proper and conform to the requirements of Services. The application shall contain, in addition to other
this Article required information, the following:
to conduct said business or use and that said applicant has (1) The name, age and address of the applicant.
never been convicted of a violation of any of the terms of this (2) The qualifications of the applicant.
Article or any ordinance or law concerning fire prevention; and (3) If the applicant is a corporation:
no person (a) The full and accurate corporation name.
shall engage in said business or use unless he obtains a When and where incorporated.
license as provided herein. (b) When and where incorporated.
B. No license required under the provisions of this Article shall (c) The full names and addresses of the officers of the
be issued by the [Director of Housing and Inspections] corporation.
Commissioner of Permit and lnspection Services until the (d) The name of the officer or regular employee who is to take
Commissioner of Fire has determined, upon investigation, that the examination and his qualifications.
the terms and intent of this Article (4) If the applicant is a partnership, the names and addresses
have been fully complied with. The Commissioner of Fire shall of members thereof and the name of the partner or regular
signify to the [Director of Licenses] Commissioner of Permit employee who is to take the examination and his qualifications.
and Inspection Services his approval, in writing, of the (5) If the applicant conducts business under a trade or
application. Whenever an approval of such applicant cannot be assumed name:
granted, the Commissioner of (a) The complete and full trade name.
Fire shall notify, in writing, the applicant and the [Director of (b) The name of the person or persons doing business under
Housing and Inspections] Commissioner of Permit and such trade or assumed name.
Inspection Services of his disapproval and the reasons (c) The name of the individual or regular employee who is to
therefor. take the examination and his qualifications.
§ 186-5. Expiration, revocation and fees for license for storage, C. No license shall be issued to an applicant until he has
sale, handling, use or transport. submitted to an examination as hereinafter provided, or such
A. The biennial license shall expire on December 3 1, unless applicant has a person in his regular employ who is actively in
sooner revoked by the [Director of Housing and Inspections] charge and who has submitted to such examination, provided
Commissioner of Permit and Inspection Services for cause that when a license has been issued to an applicant based on
after a hearing. the qualifications of such regular employee and the active
B. A separate license shall be secured for each place of services of
business or use operated by the licensee, and the fee for such such employee with the applicant have been terminated, it shall
license shall be as provided in Chapter 175, Fees. be unlawful for the licensee to engage in any of the operations
§ 186-6. Right to refuse to deliver. covered by this Article until the licensee is again qualified in
Any person licensed under this Article may refuse to deliver accordance with the provisions thereof
any gasoline, oil or other flammable liquid into any type of D. The [Director of Housing and Inspections] Commissioner of
portable container for a person who, in the judgment of said Permit and Inspection Services may issue a license upon
licensee, is not of sufficient age or sufficiently responsible to application as provided herein or refuse to issue said license
understand the proper use of the product or when the licensee upon proof that the applicant therefor is not fit or qualified or is
has determined that the intended use of the product is not a suitable person to engage in such operation, provided that
dangerous to life or property. the Chief of the Bureau of Fire Prevention and the Chief
§ 186-7. Delivery restricted. Examiner of Stationary Engineers shall make a thorough
A. No wholesale bulk dealer, retail bulk dealer, manufacturer or investigation of the training, experience,
wholesale package dealer shall knowingly deliver flammable qualification, character and fitness of the applicant and/or the
liquids to any retail package dealer, retail bulk dealer, person to be examined and shall examine such applicant
manufacturer, processing plant, service station, garage, and/or person to determine his qualifications, fitness or
dry-cleaner, hat cleaner-spotter or to the suitability to take
storage facilities of fuel oil consumers unless such recipient part in any of the operations of the business. Such
shall have a permit or license where required in this Article. examinations shall be written and oral and may also include
B. For consumer fuel oil installations existing at the effective practical demonstrations. After such examinations, said
date of this Article, a period of two (2) years shall be given to examiners shall
accomplish the required delivery compliance herewith. A forward their findings and recommendations to the [Director of
purchaser shall furnish to a seller the purchaser's current Housing and Inspections] Commissioner of Permit and
license number, authorizing the receipt Inspection Services as to whether or not the applicant and/or
of such flammable liquids. person
§ 186-8. Display of permit or license. examined is fit or qualified or is a suitable person to take part in
All permits or licenses required under the provisions of this the operations of the business.
Article shall be conspicuously displayed at the principal place E. There shall be two (2) classes of licenses, as follows:
of business of a licensee at all times. (1) Class A license: limited to the installation and
§ 186-9. Licenses for oil-fired heating equipment businesses. servicing of oil-fired units and oil burners designed for use of
It shall be unlawful in the City of Buffalo for any person to Nos. 1, 2 and 3 distillates, as defined in the United States
engage in the business of installing or contracting to install, Department of Commerce Commercial Standard CS 12-40,
having a maximum fire rate of six (6) gallons per hour, together respect to existing tanks, property and street lines; the location
with the necessary storage tanks, piping and appurtenances. of all buildings and structures within three hundred (300) feet
(2) Class B license: unlimited as to size or capacity of the proposed tanks; the provisions for control of overflow,
of oil burner and designed for any grade of fuel oil, together including construction details of dikes, if any; a section of the
with the necessary storage tanks, piping and appurtenances. tank showing all openings in the tank and all valves, vents and
F. The Chief of the Bureau of Fire Prevention and the Chief fire-extinguishing systems; the location and specification of all
Examiner of Stationary Engineers are hereby authorized to piping connected to the tanks; and such other pertinent
adopt rules and regulations necessary to make effective the information as may be required by the [Division of Buildings]
provisions of this Article concerning said examinations. Department of Permit and Inspection Services and Department
Licenses may be revoked or suspended by the [Director of of Fire.
Housing and Inspections] Commissioner of Permit and § 186-12. Permits for underground tanks and tanks inside
Inspection Services in accordance with the Charter of the City buildings.
of Buffalo relative thereto. All licenses granted hereunder A. A written permit shall be obtained from the [Division of
shall expire on the 31st day of the second December next Buildings] Department of Permit and lnspection Services
following issuance and shall be renewed biennially. Failure to before any underground tank or tank inside of a building for the
properly renew a license shall result in its termination. storage of flammable liquids is installed. Application for such
G. Fees for licensees for oil-fired heating equipment permit shall be made in quadruplicate on
contractors shall be as provided in Chapter 175, Fees. forms furnished by the [Division of Buildings] Department of
§ 186-10. License for installation, alteration and repair of Permit and lnspection Services and shall contain such
equipment. information as is deemed necessary by the [Division of
A. A license shall be required to engage in the installation, Buildings] Department
alteration or repair of aboveground or underground equipment, of Permit and Inspection Services and the Department of Fire.
storage tanks, piping, valves and pumps for gasoline or other The application shall state the size of the tank, the capacity in
volatile flammable liquids having a flash point of one hundred gallons, the kind of liquid to be stored and the nature of the use
degrees Fahrenheit (100' F.) or less or diesel fuel oil used in of the liquid.
the operation of motor vehicles. B. Plans and specifications, in triplicate, shall be furnished with
B. Fees for such license shall be as provided in Chapter 175, each application, showing the location in the property, the
Fees. location with respect to property lines and streets, the method
C. All licenses granted hereunder shall expire on the 31st day of installation, the location of fill pipes and vents, as well as the
of the second December next following issuance and shall be necessary information on piping, appurtenances and
renewed biennially. Failure to properly renew a license shall equipment.
result in its termination. An application for a license to engage C. The requirements for plans and specifications shall not
in the business of installing such equipment shall be in such apply to the installation of fuel oil equipment installed in one-
form and detail as described in § 186-9 and shall contain such and two-family dwellings or to four (4) tanks of not over two
other appropriate information as the Chief may prescribe. No hundred seventy-five (275) gallons' capacity, provided that not
license shall be issued an applicant until more than two (2) tanks are
he or his regular employee has submitted to a written and oral connected to an individual fuel oil burner when located inside
examination, in the manner provided in said § 186-9, as to his buildings. However, where plans are not required, the
fitness and qualifications to install, alter or repair such necessary installation information shall be made a part of the
equipment. Such license shall, upon certification of fitness of application.
the Chief, be issued by the [Director of Licenses] D. The application shall meet with the requirements of this
Commissioner of Permit and Inspection Services to actual Article and shall be approved by the Chief before a permit is
residents of the City of Buffalo or to persons maintaining a issued.
place of business and doing business in the City of § 186-13. Repair, service and storage garages.
Buffalo. (1) Installation, alteration and repair. It shall be A. Definitions and classification. For the purpose of this Article,
unlawful for a person to install, alter or repair any storage garages shall be classified as follows:
facilities or equipment as defined in this section unless such REPAIR GARAGES -- Garages in which all forms of repair
person has secured from the [Director of Housing and work, including painting, are done.
Inspections] Commissioner of Permit and Inspection Services SERVICE GARAGES -- Garages maintained in connection
the license herein required or is employed by and is working with service stations and in which the services rendered are
under the general supervision of a holder of such license. such as minor repairs, adjustments and services incidental to
(2) Any holder of a license under this section is the sale of petroleum products and automotive accessories.
hereby authorized to install any underground storage facilities STORAGE GARAGES -- Garages of over eight hundred
and piping, but not to include fuel oil burners or their (800) square feet in floor area in which motor vehicles are
accessories such as are permitted under the license granted in stored or housed only and in which no repair work or servicing,
§ 186-9 of this Article, unless the licensee is a holder of both except washing and polishing, is done.
types of license. B. Permit.
§ 186-11. Permits for aboveground tanks outside of buildings. (1) No person shall operate or maintain or permit the
A permit shall be obtained from the [Division of Buildings] operation or maintenance of a garage, as above defined, on
Department of Permit and Inspection Services and approved by their premises unless a garage use pen-nit has first been
the Department of Fire before any aboveground tank for the issued to the owner or operator of such garage by the [Division
storage of flammable liquids is installed. Application for such of Buildings] Department of Permit and Inspection Services. A
permit shall be made in quadruplicate on forms furnished by garage use permit shall not be required for a private storage
the [Division of Buildings] Department of Permit and Inspection garage of less than eight hundred (800) square feet in area.
Services and shall contain such information as is deemed (2) Buildings not in strict compliance with this Article
necessary to assure the Department that the proposed may be used for the temporary storage or display of motor
installation is in compliance with this Article. Three (3) sets of vehicles if the tanks thereof are filled with nonflammable fluid or
plans shall be submitted for approval, drawn to a workable inert gas before being brought into the building. In such cases,
scale, and showing the location of the proposed tanks with a special temporary storage or display permit shall be obtained
from the Chief. Proper licenses required under § 165-30 of B. Application for license. A license granted under this Article
Chapter 165 shall be renewed annually. shall expire on the 31st day of December next following
C. License required to conduct a garage as defined. Said issuance and shall be renewed annually. Failure to properly
license shall expire on December 31 after issuance and is renew such license shall result in its termination. An application
renewable annually thereafter. The fee shall be as provided in for a license shall be in such form and detail as mentioned in
Chapter 175, Fees. § 186-9 and shall contain such other appropriate information as
§ 186-14. Transportation. the Chief may prescribe.
A. Definitions. For the purpose of this Article, the following C. Submission to examination. No license shall be issued to an
words and phrases shall have the meanings hereinafter set applicant until he or his regular employee has submitted to a
forth: written and oral examination in the manner provided in said §
CERTIFICATE OF INSPECTION -- A permit, as defined in 186-9 as to his fitness and qualifications to work upon or repair
this Article, or a certificate of registration issued by the such equipment above described.
Commissioner of Motor Vehicles in conformance with the New D. Issuance. Such license shall, upon certification of fitness of
York State Vehicle and Traffic Law, attesting that the tank the applicant by the Chief of the Bureau of Fire Prevention, be
vehicle has been inspected and approved as being constructed issued by the [Director of Licenses] Commissioner of Permit
and equipped according to the regulations of said laws. and Inspection Services to actual residents of the City of
TANK, CARGO -- Any tank having a liquid capacity in excess Buffalo or to persons maintaining a place of business and
of sixty (60) gallons, used for carrying flammable liquids and doing business in the City of Buffalo.
mounted permanently or otherwise upon a vehicle. The term E. Engaging in business without license unlawful. It shall be
"cargo tank" does not apply to any tank used solely for the unlawful for any unlicensed person to engage in the business
purpose of supplying fuel for the propulsion of the vehicle upon or perform the work described in this Article unless such
which it is mounted. person
TANK TRUCK, TANK TRAILER or TANK SEMITRAILER -- has secured from the [Director of Licenses] Commissioner of
Any motor vehicle, trailer or semitrailer, respectively, used for Permit and Inspection Services the license herein required or is
the transportation of flammable liquids and which, for such employed by and is working under the general supervision of a
purpose, is provided with a tank or tanks mounted on the frame holder of such license.
or chassis of such vehicle or when such tank or tanks are an F. Fees. The fees for the license herein shall be as provided in
integral part of such vehicle. Chapter 175, Fees.
TANK VEHICLE -- Any tank truck, tank trailer or tank § 186-16. Flammable finishes.
semitrailer. A. Licenses required; fees. A license shall be required for
B. Permit. Every tank truck, tank trailer and tank semitrailer spraying or dipping operations utilizing on any working day
used for the distribution of flammable liquids within or from the more than two (2) quarts of flammable or combustible liquids or
City of Buffalo shall bear a certificate of inspection as above storing in connection with the use thereof more than ten (10)
defined and obtain a permit as required in this Article. A permit gallons of flammable or
shall not be required for combustible liquids, which shall be issued by the [Director of
the transportation of flammable liquids in containers; except, Licenses] Commissioner of Permit and Inspection Services,
however, that cans, barrels, drums or containers used to subject to the approval of the Bureau of Fire Prevention. Said
transport flammable liquids shall meet with the approval of the license
Chief. shall expire on December 31 after issuance and be renewable
Every cargo vehicle required to have a certificate of inspection annually thereafter. The fee therefor shall be as provided in
shall have such certificate renewed annually. Any certificate of Chapter 175, Fees.
inspection for a cargo vehicle shall become void for such B. Permit approval. Any permit by an authorizing agency of the
vehicle in the event of an accident requiring repairs, and such city for installation, alteration or removal of any fire-protection
vehicle shall be inspected for a new certificate of inspection equipment, including and not limited to fire alarm systems, exit
before being placed in service as a flammable liquid carrier. signs, standpipes, fire pumps, automatic sprinkler systems
Tank and/or fire-detecting
vehicles in compliance with and having a current certificate of systems required by this code or any other city ordinance or
registration issued under authority of the Vehicle and Traffic state law, shall be approved by the Bureau of Fire Prevention
Law shall not require a city permit as described herein. Short prior to issuance.
hauling It is hereby certified, pursuant to Section 3-19 of the
of flammable liquids across streets from one part of an Charter, that the immediate passage of the foregoing ordinance
industrial plant to another part of such plant shall be in a is necessary.
manner and in such vehicles and containers as are approved APPROVED AS TO FORM
by the Chief, who Michael B. Risman
is authorized to grant exemptions for such purpose to the Corporation Counsel
particular requirements of this Article, including permits. NOTE: Matter in brackets [] to be deleted; matter underlined is
§ 186-15. Welding and repairing of tanks. new.
A. License required. A person who engages in the business of PASSED.
repairing, remodeling, welding or cutting tanks, storage tanks or AYES-12. NOES-0.
cargo tanks which hold or have held flammable liquids or other
Volatile liquids that release potentially hazardous vapors at NO. 195
atmospheric pressure or an acid that reacts with metals to BY: MR. FONTANA
produce hydrogen or a nonvolatile oil or solid that, at ordinary ORDINANCE AMENDMENT
temperatures, will not release potentially hazardous vapors but CHAPTER 193 - FOOD AND DRUGS
will release such vapors if its container is exposed to heat or a The Common Council of the City of Buffalo does
combustible solid of finely divided particles which may form an hereby ordain as follows:
explosive dust cloud shall be licensed as provided in this That Article IV of Chapter 193 of the Code of the
Article. City of Buffalo be amended to read as follows:
ARTICLE IV, Meat, Fish and Poultry Licenses
§ 193-22. License required. CHAPTER 199 - FRUITS AND VEGETABLES
No person shall sell or offer or expose for sale in the City of The Common Council of the City of Buffalo does
Buffalo any fresh, frozen, salt, smoked, cooked or uncooked hereby ordain as follows:
meat, poultry, fish or any sausage without having obtained a That Chapter 199 of the Code of the City of Buffalo
license so to do as provided herein. be amended to read as follows:
§ 193-23. Application; issuance. ARTICLE 1, Outdoor Shops, Stands or Markets
Any person desiring to sell any of the articles mentioned in § 199-1. Definitions.
this Article shall make application to the Director of Housing As used in this Article, the following terms shall have the
and Inspections Commissioner of Permit and Inspection meanings indicated:
Services for a license to deal in said articles. Such application OUTDOOR SHOP, STAND OR MARKET -- For the sale of
shall designate the place for which the license is desired and fresh fruits and vegetables, any shop, stand or market where
give a description of the building and premises where such fresh fruits and/or vegetables are stored or displayed for sale in
business is to be carried on, showing the facilities for the open or within a temporary enclosure.
refrigeration and the sanitary equipment thereof, in such form TEMPORARY ENCLOSURE -- Any structure or building
and detail as the Director of Housing and Inspections constructed or to be constructed of any nonfireproof or
Commissioner of Permit and Inspection Services shall require. unfinished material; or which has or will have permanently
If the Director of Housing and Inspections Commissioner of installed therein no means for heating the interior in cold
Permit and Inspection Services, upon examination of said weather, either in whole or in part; or which has or will have no
application or after an inspection of the premises, is satisfied regular or permanent connection for lighting the same by
that said articles can be handled, dealt in and stored in a means of electricity; or which has or will have no roof or a roof
sanitary manner and without contamination from any cause, he and an open side or sides; or which has or will have no
shall issue a license to the applicant upon the payment of the covering of a permanent nature for openings in the same; or
fees herein provided for. apart from the land upon which it is or will be located, said
§ 193-24. Transferability. enclosure or building has or will have a value of not more than
No license shall be transferred from one location to another one thousand dollars ($1,000.).
nor shall it be transferred from one person to another without § 199-2. License required; fees; expiration; revocation.
the consent of the Director of Housing and Inspections A. Subject to the provisions of the Zoning Ordinance of said
Commissioner of Permit and Inspection Services endorsed in city, no person, firm or corporation shall conduct an outdoor
writing on said license. shop, stand or market in the City of Buffalo for the sale of fresh
§ 193-25. Expiration. fruits and/or vegetables without a license issued by the
Each license shall expire every two (2) years on the first day [Director of Licenses and Permits] Commissioner of Permit and
of April. No license shall be issued for a part of a year at a lnspection Services as hereinafter provided.
reduced fee. B. The fee for such license shall be as provided in Chapter
§ 193-26. Revocation. 175, Fees, and such license shall expire on December 31 of
Any license granted hereunder may be revoked by the each year. Said fee shall accompany the application for such
Director of Housing and Inspections Commissioner of license,
Permit and Inspection Services in the manner provided by law. which shall be in writing and be made to the [Director of
§ 193-27. Fees. Licenses and Permits] Commissioner of Permit and Inspection
The following annual license fees for the sale of the articles Services, who shall have the discretionary power to grant or
mentioned in this Article are hereby fixed as provided in deny the said
Chapter 175, Fees. application. If said Director denies the application, he shall
§ 193-28. Applicability. return to the applicant the license fee advanced with his said
A. The provisions of this Article shall not apply to the sale of application.
canned meats, canned poultry, canned fish or canned C. The [Director of Licenses and Permits] Commissioner of
seafoods. Permit and Inspection Services may at any time revoke for
B. The provisions of this Article shall not apply to the offering cause any license issued hereunder.
for sale or the sale of live or dressed poultry within the limits of § 199-3. Application; inspection and report.
a private market, as defined in Chapter 275, Markets, of the A. Any person, firm or corporation who or which desires to
Code, by the person who produces, raises and dresses the continue to operate or conduct or to conduct and operate an
same, his servants or employees; provided, however, that any outdoor shop, stand or market for the sale of fresh fruits and/or
person so producing, raising and selling shall obtain a permit vegetables in the City of Buffalo shall make application to the
annually therefor from the Director of Licenses, in the form [Director of Licenses and Permits] Commissioner of Permit and
prescribed by said Director. All permits issued hereunder shall Inspection Services so to do, setting forth the following
expire on the first day of April in each year and may be information:
renewed. (1) The location or proposed location, including the
It is hereby certified, pursuant to Section 3-19 of the area of premises to be used for the purpose described in the
Charter, that the immediate passage of the foregoing ordinance application.
is necessary. (2) How many feet of said premises, measured
APPROVED AS TO FORM along the street line of any or of each adjacent street, are to be
Michael B. Risman actually used for the display of goods.
Corporation Counsel (3) Whether any fresh fruits or vegetables are to be
NOTE: Matter in bold to be deleted; matter underlined is new. stored or displayed inside or outside of any enclosure on said
PASSED. premises.
AYES-12. NOES-0. (4) If any enclosure is to be used or erected on said
premises, the size, location and kind of construction of the
NO. 196 same.
By: Mr. Fontana(5) Whether stock is to be sold from containers or
not, and whether said containers have been approved by the
ORDINANCE AMENDMENT
Sealer of Weights and Measures of said city.
(6) Whether any of such stock of fresh fruits and/or No person shall engage in the business of an itinerant
vegetables is to be placed in contact with the ground or upon wholesale dealer in fruits or vegetables without first having
stands. obtained a license therefor from the [Director of Licenses and
(7) How far from the adjacent sidewalk such goods Permits] Commissioner of Permit and Inspection Services as
are to be placed. provided by this Article.
(8) If an enclosure is to be used in connection with § 199-9. Application.
the sale of such goods, whether the same is to be covered at An application for a license as an itinerant wholesale dealer
the top or sides. in fruits or vegetables shall be made in writing to the [Director
(9) If a covered enclosure is used in connection with of Licenses and Permits] Commissioner of Permit and
the sale of said goods, whether the same will contain any Inspection Services in conformity with the general requirements
means of ventilation or of heat and cold control. of this Article. The application shall state the name and
(10) Whether the applicant is a citizen of the United address of the applicant, the character of the vehicle to be
States. used, including the size of the same, kind, etc., and shall
(11) How many employees, if any, are or will be contain such further information as may be required by the
employed by the applicant. [Director of Licenses and Permits] Commissioner of Permit and
(12) Whether any fresh fruits or vegetables lnspection Services in order to inform him fully as to the nature
displayed for sale are to be left uncovered or unprotected of the business of the applicant, the equipment and facilities to
against handling or from animals straying in or upon the be used.
premises. § 199-10. Fees.
(13) Any other information required by the [Director The annual license fee for the license required by this Article
of Licenses and Permits] shall be as provided in Chapter 175, Fees.
Commissioner of Permit and Inspection Services. § 199-11. Expiration and transferability of licenses.
B. Upon receipt of said application, the [Director of Licenses All licenses issued under this Article shall expire on
and Permits] Commissioner of Permit and Inspection Services December 31 of each year following the date of issuance and
shall refer the same to the Erie County Department of Health shall not be transferable.
for § 199-12. Vehicle plates.
inspection and report. If the report of said Department of Health Every itinerant wholesale dealer in fruits or vegetables shall
shows that the premises are in any manner unsanitary, the obtain from the [Director of Licenses and Permits]
[Director of Licenses and Permits] Commissioner of Permit and Commissioner of Permit and Inspection Services, at the time
Inspection Services shall not grant said application until said his license is issued, two (2) metal plates or other suitable
premises are certified as sanitary by said Department. emblems for each vehicle to be used by him in or about his
§ 199-4. Maintenance of premises. business. Such plates or emblems shall have stamped or
Every person, firm or corporation operating any premises in marked thereon the words "Buffalo Itinerant Wholesale Dealer
said city under a license as herein provided shall keep and in Fruits or Vegetables." No such licensed vehicle shall be
maintain said premises in a clean and sanitary condition and used for the purposes herein mentioned unless there is
shall not permit or allow any diseased, rotten or decayed fruits, displayed thereon at all times said two (2) plates affixed to the
vegetables or substance to be offered for sale or to remain right- and left-hand sides respectively of such vehicle under the
upon said premises. driver's seat in a conspicuous manner so that the same may be
§ 199-5. Toilet and washing facilities. easily seen.
Toilet and washing facilities and dressing rooms shall be § 199-13. Sanitary requirements.
furnished upon said premises for persons employed by said A. All vehicles used by itinerant wholesale dealers in fruits or
licensee to work on the premises, in accordance with the health vegetables for the exhibition and carrying or transportation of
and labor laws of the State of New York. Separate toilet and such merchandise shall be so constructed that the portion of
washing facilities shall be provided where male and female help the
is so employed. same which contains the merchandise herein specified shall be
§ 199-6. Facilities for cleaning fruits and vegetables. covered in such manner that no dust or dirt will settle on such
Facilities for cleaning and washing fresh fruits and merchandise. Such vehicles and all other equipment and
vegetables, including running water furnished by proper facilities
connection made with a city water main, shall at all times be shall be kept in a clean and sanitary condition and shall be
provided upon any premises where any outdoor shop, stand or protected from dust, flies, rodents and other means of
market is to be operated under a license as herein required. contamination. The operators of such vehicles shall observe all
ARTICLE II Itinerant Wholesale Dealers the sanitary
§ 199-7. Definitions. requirements herein prescribed and [as prescribed by the
As used in this Article, the following terms shall have the health ordinances of the City of Buffalo and] any regulations of
meanings indicated: the Department of Health of Erie County now or hereafter in
ITINERANT WHOLESALE DEALER IN FRUITS OR effect. The sanitary requirements herein prescribed shall also
VEGETABLES -- Every person not operating a regularly extend to the licensee and his employees while engaged in and
established stand, stall, store or warehouse for the about the handling of said merchandise on their way to and
merchandising of fruits or vegetables who shall, from a vehicle from and while in such vehicle.
stationed on any premises or by traveling from place to place B. No person having an infectious disease in a communicable
on, along or upon the public highways of the city, deal, sell, form shall be engaged in the handling of the merchandise
offer for sale or deliver at wholesale from any vehicle any fruits herein named or in the handling of containers in which such
or vegetables used or intended for human consumption. merchandise is packed. The Department of Health may require
WHOLESALE -- The making of sales to the retail trade for each person so engaged to submit to proper examination for
purposes of resale, and shall include sales to hotels, food the purpose of determining his condition in this respect.
dispensers, clubs and institutions, and shall also include the § 199-14. Sale of unwholesome merchandise prohibited.
making of sales of fruits or vegetables to wholesale food It shall be unlawful for any itinerant wholesale dealer in fruits or
establishments for purposes of resale. vegetables to sell or to have in his possession with the intention
§ 199-8. License required. of selling or offering for sale any of the merchandise mentioned
in this Article which is unclean, unwholesome, tainted, putrid, import and interest or a newspaper or periodical with a bona
decayed, poisoned or in any manner rendered unsafe or fide paid circulation published at regular intervals and sold to
unwholesome for human consumption. Such merchandise the public; nor shall this Article apply to a publisher distributing
shall be deemed unwholesome for human food if the same has his own printed material and not engaged in the business for
been contaminated by flies or other insects, vermin, dust, dirt hire or gain of distributing commercial advertising printed
or other foreign contamination or if said merchandise contains material published by others, subject to the conditions of Article
any poisonous or deleterious or injurious ingredients in kind 1111 of this chapter relating to the littering of public streets and
and quantities so as to render such merchandise injurious or places, the purpose and intent of this Article being to license
detrimental to health. and regulate persons engaged in the business of distributing
§ 199-15. Exemptions. commercial advertising material not requested by the recipient
This Article shall not apply to and no license shall be required and to protect such recipient and the general public from
from any farmer or producer of fruits or vegetables raised annoyance and to control the littering of private and public
within the State of New York. premises.
It is hereby certified, pursuant to Section 3-19 of the Charter, It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is that the immediate passage of the foregoing ordinance is
necessary. necessary.
APPROVED AS TO FORM APPROVED AS TO FORM
Michael B. Risman Michael B. Risman
Corporation Counsel Corporation Counsel
NOTE: Matter in brackets to be deleted; matter under-lined is PASSED.
new. AYES-12. NOES-0.
PASSED
AYES-12. NOES-0. NO. 198
By: Mr. Fontana
NO. 197 ORDINANCE AMENDMENT
By: Mr. Fontana CHAPTER 254 - NEWSSTANDS
ORDINANCE AMENDMENT The Common Council of the City of Buffalo does
CHAPTER 232 - HANDBILLS AND OTHER PUBLICATIONS hereby ordain as follows:
The Common Council of the City of Buffalo does That Chapter 289 of the Code of the City of Buffalo
hereby ordain as follows: be amended to read as follows:
That Article I of Chapter 232 of the Code of the City § 289-1. Placement or use by firms, associations or
of Buffalo be amended to read as follows: corporations prohibited.
ARTICLE I, Business of Billposting No firm, association of persons or corporation shall place,
§ 232-1. License required. maintain or use any table, box, stand or other structure within
No person shall engage in and carry on the business of the sidewalk space of any street in the city for the sale, display
billposting or bill distributing or sign advertising in the City of or storage of newspapers, periodicals, magazines or other
Buffalo without previously having obtained a license so to do. printed matter.
§ 232-2. Issuance of license; expiration; transferability. § 289-2. Permit required for placement by individuals.
The [Director of Licenses and Permits] Commissioner of No person shall so place or use any such stand or other
Pen-nit and Inspection Services of the City of Buffalo may structure for said purpose without first having obtained a
grant to any person or persons who shall apply to him therefor, pen-nit therefor as hereinafter provided.
in writing, a license to engage in and carry on in the City of § 289-3. Permit limitations and restrictions.
Buffalo the business of billposting and bill distributing and sign The [Director of Housing and Inspections] Commissioner of
advertising, which license shall expire at the end of one (1) year Permit and Inspection Services is authorized to issue permits
from the date of its issue. Such license shall not be to individuals, but not to any firm, association of persons or
transferable. corporation, to place and use portable newsstands within the
§ 232-3. Fees. sidewalk space of the streets of the city; subject, however, to
Every person or firm to whom a license may be granted the following limitations and restrictions:
under the provisions of this Article shall, upon delivery thereof, A. No permit shall be granted for the use of any newsstand
pay to the city the sum as provided in Chapter 175, Fees. within the boundaries of Main Street or Delaware Avenue.
§ 232-4. Bond. B. No person shall be granted a permit to use more than one
Every applicant for a license under the provisions of this (1) portable newsstand, nor shall any permit be issued to any
Article shall present to the [Director of Licenses and Permits] person other than a citizen of the United States who is sixteen
Commissioner of Permit and Inspection Services, at the time of (16) or more years of age.
making the application for such license, a surety company C. Portable newsstands shall be of uniform design, color and
bond in the penal sum of two thousand dollars ($2,000.), material, to be prescribed by the [Director of Housing and
approved by the Corporation Counsel as to form and by the Inspections] Commissioner of Permit and Inspection Services.
Comptroller as to sufficiency, conditioned for the faithful No newsstand shall be permitted which has any lettering or
observance of the provisions of the Charter and Code of the advertising painted thereon or attached thereto or any of whose
city. dimensions is greater than the following:
§ 232-5. Residency requirement. (1) Width: twenty (20) inches.
None other than a resident of the City of Buffalo, who shall (2) Length: fifty-six (56) inches.
have been such for thirty (30) days, shall be granted a license (3) Height, including legs: forty-eight (48) inches.
under the provisions of this Article. D. Each newsstand shall be provided with a cover of the same
§ 232-6. Applicability. material of which the newsstand is built, for the protection from
This Article shall not apply to the distribution of printed the elements of the printed matter sold therefrom.
publications if devoted primarily and essentially to the Each such newsstand shall be divided into two (2)
dissemination of news of local and general public interest or compartments, one (1) of which shall be used for wrapping
religious material or other information of real and general public
paper and the storage of refuse matter, and shall be mounted J. Each person to whom a pen-nit is granted shall pay to the
on legs four (4) inches high. city the sum as provided in Chapter 175, Fees. Unless sooner
E. Interference with access. revoked, all permits shall expire every two (2) years on October
(1) No portable newsstand shall be placed or used 3 1. The unearned fee on each permit which is revoked for any
on a sidewalk space in any street in such manner as to reason other than the
obstruct or interfere with any owner's easement of access to misconduct of the person to whom issued shall be returned. No
any premises in front of or near which said stand is to be unearned fee for any fractional part of a month shall be
placed or which interferes with any lawful right of any owner of returned.
such premises. At any time either before or after the granting of K. No permit shall be transferable as to person or location,
a permit as herein provided, any owner of any such premises except with the consent of the [Director of Housing and
may file with the [Director of Housing and Inspections] Inspections] Commissioner of Permit and Inspection Services
Commissioner of Permit and Inspection Services a verified endorsed
notice, stating that such stand obstructs or interferes with his on said permit and except as stated elsewhere in this chapter.
easement of access or any other lawful right relating to said § 289-4. Maintenance of premises; conduct of business.
premises and specifying the particular manner in which such It shall be the duty of each person to whom a permit is issued
stand so obstructs or interferes, which notice must be pursuant to this chapter to keep the sidewalk around his stand
accompanied by a diagram or sketch showing the size of said clean and free from refuse matter and to conduct himself and
premises, together with the sidewalk area adjacent thereto and his business in a gentlemanly, orderly and reasonably quiet
the location of the newsstand objected to. Each owner will be manner and with as little annoyance to the owners of adjoining
presumed to have approved the use of any such stand for properties and passersby as may be possible. No person shall
which a permit has been granted prior to the filing of such permit more than two (2) assistants to use or work from the
notice and until fifteen (15) days after such notice is filed with newsstand for which he has received a permit.
the [Director of Housing and Inspections] Commissioner of § 289-5. Penalties for offenses.
Permit and Inspection Services. Any person who shall violate any of the provisions of this
(2) Upon receipt of any such notice, if a permit has chapter shall be liable to a fine or penalty and the revocation of
been granted, or if a permit has not been renewed where the his permit.
applicant therefor has been the holder of a permit hereunder for It is hereby certified, pursuant to Section 3-19 of the Charter,
upwards of fifteen (15) years prior to such renewal application, that the immediate passage of the foregoing ordinance is
it shall be the duty of the [Director of Housing and Inspections] necessary.
Commissioner of Permit and Inspection Services, by APPROVED AS TO FORM
prescribing additional or different conditions concerning the Michael B. Risman
use of any such stand not inconsistent with the provision of this Corporation Counsel
chapter or in any other appropriate manner, to attempt to NOTE: Matter in brackets [] to be deleted; matter unlined is
eliminate the causes of the objections stated. new.
(3) In the event that any space in front of or near the PASSED.
aforesaid premises of such owner will not provide sufficient AYES-12. NOES-0.
room so that such stand will not interfere with the lawful rights
of such owner, then said permit, if issued, may be revoked by
the [Director of Housing and Inspections] Commissioner of NO. 199
Permit and Inspection Services; or, if not issued, the BY: MR. FONTANA
application for issuance or renewal of pen-nit may be denied by ORDINANCE AMENDMENT
him. CHAPTER 307 - PARKING AND PARKING LOTS
F. No permit shall be granted and none transferred without the The Common Council of the City of Buffalo does hereby
written approval of the Commissioner of Public Works, Parks ordain as follows:
and Streets as to the location of the newsstand. That Article II of Chapter 307 of the Code of the City of Buffalo
G. No souvenirs or other merchandise of any kind, except be amended to read as follows:
newspapers, periodicals and magazines, shall be displayed on ARTICLE 11, Parking Lot Businesses
or sold from any newsstand. § 307-16. Definitions.
H. In granting or renewing any permit, due consideration shall Whenever used in this Article, the following terms shall mean
be given to the responsibility and character of the applicant, and include:
and, so far as practicable, preference shall be given to the MOTOR VEHICLE -- Any automobile, truck, trailer,
person combination truck and trailer or any other self-propelled
who, at the time of making application for a permit, is engaged wheeled vehicle.
in selling newspapers in the immediate vicinity of the location PARKING LOT -- Any open outdoor space or uncovered plot,
applied for. place, lot, parcel, yard or enclosure or any portion thereof
I. Before issuing any permit for any newsstand, the [Director of where more than five (5) motor vehicles may be parked, stored,
Housing and Inspections] Commissioner of Permit and housed or kept for which any charge is made.
Inspection Services may require the applicant to furnish him PERSON -- Any person, firm, partnership, association,
such corporation, company or organization of any kind.
information and in such form as shall be prescribed. Conditions TEMPORARY PARKING AREAS -- Any open outdoor space
not inconsistent with the other provisions of this chapter may or uncovered plot, place, lot, parcel, yard or enclosure or any
be attached to any permit granted, and other conditions portion thereof whose permanent use may be undetermined but
consistent herewith may be prescribed from time to time. The whose interim use shall be public parking for which any charge
[Director of Housing and Inspections] Commissioner of Permit is made. Such interim use shall be determined and based on
and Inspection Services, in his discretion, may revoke any the inclusion of a thirty-day or less cancellation provision in the
permit at any time for any violation of this chapter or when he lease or occupancy documents.
has reason to believe that the public welfare will be promoted § 307-17. License required.
thereby. It shall be unlawful for any person to conduct the business
of parking, housing, keeping or storing motor vehicles and
charging therefor on a parking lot within the City of Buffalo claims and demands, costs, charges and judgments, for
without first having obtained a license in the manner hereinafter injuries to persons or property or other cause arising out of the
set forth. acts of the parking lot operators.
§ 307-18. Exceptions. § 307-21. Fees.
The requirements of this Article shall not be applicable to a The biennial license fee for the operation of a parking lot
university or college approved by the State Board of Education shall be as provided in Chapter 175, Fees.
and nonprofit general hospitals which personally manage and § 307-22. Investigation; issuance of license.
operate a parking lot where such parking lot is restricted to After an investigation by the Department of Police and after
employees, students, visitors and staff members of such an investigation by the [Division of New Construction]
institutions. Department of Permit and Inspection Services for compliance
§ 307-19. Application for license. with zoning and building ordinances and as to the physical
Applications for licenses required by this Article shall be condition of the lot and after an investigation by the Department
made upon forms provided by the Board of Parking, shall be of Public Works, Parks and Streets of the entrances and exits
signed and verified under oath by the applicant, if an individual, and curb cuts, and upon the satisfactory conclusion of the
and by a duly authorized agent, if a partnership or a above investigations, and the proper license fee's having been
corporation, and shall set forth the following: paid, if the [Director of Housing and Inspections]
A. If a person, the name and address of the applicant. Commissioner of Permit and Inspection Services shall be
B. If a partnership, the name, residence and business reasonably satisfied that the applicant has a good character
address of each partner. and that the statements set forth in the application are true and
C. If a corporation, the name, date and state under that all laws and ordinances pertaining thereto have been
whose laws such corporation was organized and, if a foreign complied with, he shall issue to the applicant a license for a
corporation, whether authorized to do business in the State of parking lot. All licenses shall expire on the second October 1
New York, the names of the principal officers, directors and following the date of issuance. An application for renewal of a
local representatives, their residences and the business license shall be filed on or before June 1.
address. § 307-23. Transferability of license.
D. A plot or drawing of said parking lot, showing its No license issued under this Article shall be transferable or
location, size and capacity and the location and size of assigned or used by any person other than the one to whom it
entrances and exits, kind of surfacing and the location, size is issued or at any location other than the one for which it is
and construction of attendants' station and the walls or barriers issued.
surrounding said premises. § 307-24. Revocation of license.
E. The hours for storage or parking of vehicles and The [Director of Housing and Inspections] Commissioner of
whether night storage is to be maintained upon the licensed Permit and Inspection Services may revoke any parking lot
premises. license if upon a hearing after a reasonable written notice of the
F. The hours during which parking attendants will be on time and place of such hearing, the [Director of Housing and
duty. Inspections] Commissioner of Permit and Inspection Services
G. The complete schedule of the rates to be charged finds that:
for the storing or parking of vehicles. A. The licensee has made any false or materially
H. A statement of any prior revocation of license or incorrect statement in the application.
refusal by the city to issue a license to the applicant or any B. The licensee violates or willfully pen-nits or willfully
partner, employee, officer or director of applicant's company. countenances the violation of any provision of this Article.
1. The telephone number where the applicant can be C. The licensee has made any charge for parking or
reached during normal business hours. storing a vehicle other than those set forth in his license
J. The application must show the premises are owned application or as modified pursuant to § 307-26.
or leased by the applicant, and if leased, the name and D. The licensee violated or permitted or countenanced
residence and business address of each owner or partner the violation of any provision of any penal law or ordinance
thereof. concerning the licensed premises or regarding the theft,
K. Such other information as the [Director of Housing larceny or conversion of a motor vehicle or the operation of a
and Inspections] Commissioner of Permit and motor vehicle without the owner's consent, whether such
Inspection Services may deem necessary for the issuance of licensee has been convicted of such offense or not.
said licenses. E. The licensee fails to properly supervise and maintain
§ 307-20. Insurance. the licensed premises.
Every application for a license hereunder shall be F. The licensee so operates and maintains the licensed
accompanied by a policy of premises liability insurance or premises as to be detrimental to the health, morals,
evidence thereof, in the sum of not less than one hundred safety or general welfare of the City of Buffalo.
thousand dollars ($100,000.) per person and three hundred § 307-25. Filing of rate schedule.
thousand dollars ($3 00,000.) for each accident and ten Every licensee shall file with the Board of Parking at the time
thousand dollars ($10,000.) for property damage for legal of application for a license a complete schedule of rates and
liability for any and all claims or judgments for damages charges to be made for storing or parking motor vehicles on the
resulting to persons or property on said premises, except premises to be licensed.
property included in the insurance hereinafter described. The § 307-26. Rate changes.
application shall also be accompanied by a policy of legal A. No licensee shall make any charge for storing or
liability insurance up to twenty-five thousand dollars ($25,000.) parking any vehicle in the parking lot in excess of that set forth
for fire, theft and vandalism covering vehicles parked or stored in his application for a license unless and until he has notified
on the licensed premises. Such policies or evidence thereof the Board of Parking in writing ten (10) days in advance of any
shall be approved as to form by the Corporation Counsel and change. The licensee shall post a duplicate copy of such notice
as to sufficiency by the Comptroller and must remain in full for a period of ten (10) days in a conspicuous place at the main
force and effect for the full period of time for which the license entrance of the parking lot. The new rates shall take effect
is effective. The owner and/or licensee shall indemnify and upon the expiration of the ten-day period. Any
save harmless the City of Buffalo against all loss and damage,
change in the rates and charges made by a licensee known to him, of every vehicle left in a parking lot for a period of
pursuant to this section shall remain in effect for at least thirty more than forty-eight (48) consecutive hours.
(30) days after the filing of such change, and no further change § 307-33. Loading and unloading of vehicles.
in the rates and charges may be submitted by The loading or unloading of passengers or drivers of
a licensee to the Board of Parking until after the expiration of vehicles across or upon a public sidewalk is hereby prohibited.
said thirty-day period. Any operator or employee who delivers or parks vehicles other
B. When a vehicle is left for parking, no licensee shall than within the property line of the parking lot or aids or assists
collect an initial charge for such parking in excess of the basic in blocking any sidewalk or street shall be deemed to have
authorized minimum charge as posted. violated provisions of this Article.
§ 307-27. Signs. § 307-34. Unauthorized use or removal of vehicle.
Each licensee shall maintain near each entrance A. It shall be unlawful for any licensee of a parking lot to
conspicuously posted and plainly visible from the street a make or permit any use for any purpose whatsoever of any
permanently affixed sign suitable to apprise persons using the vehicle parked in such place, unless the use shall have first
parking lot of the name of the licensee, the hours of the day or been expressly authorized by the owner or person having
night when such place is open for parking or storing motor control of such vehicle. No licensee shall transfer or cause to
vehicles, the rates charged and the closing hours of such be moved or transferred any parked vehicle through or upon the
parking lot. Where more than one (1) rate is charged for street without the consent of the owner or persons having
parking, the figures for each rate shall be of the same size and control of such vehicle, except parking lots under common
dimensions, and such figures shall measure not less than six ownership separated by a public street commonly known as an
(6) inches in height, and the letters and figures indicating the "alley."
closing hours shall be not less than four (4) inches in height. B. Notwithstanding the provisions of § 307-34A above,
All such signs shall conform to any city ordinances regulating the parking lot licensee shall have the right to request the
signs. When separate rates or charges are made for day removal of a vehicle parked on the lot without the licensee's
parking and night parking, the night rate shall become effective consent. Such removal shall be done by a tower duly licensed
at 6:00 p.m., and a notice thereof shall be posted on the signs by the City of Buffalo as required by § 454-2 of the Code of the
heretofore described. No sign shall be erected in such a City of Buffalo. The licensed city tower shall promptly notify the
manner as to interfere with, mislead or confuse vehicular traffic police precinct in which the vehicle was located at the time of
on the adjoining streets. Said sign or signs shall be not less towing pursuant to New York Vehicle and Traffic Law § 12 1
than three by four (3 x 4) feet in size. O(c). Any licensee of a parking lot may cause a vehicle to be
§ 307-28. Attendants. disabled through the use of any mechanism which will not
A. Every parking lot shall have at least one parking permanently damage the vehicle in the event that a vehicle is
attendant upon the premises at all times during the hours of Parked without consent on the licensed parking lot. The
operation as posted, except that no attendant is required of a licensee may require payment of the maximum daily rate for
parking lot serving weekly or monthly customers only and the parking for each day the vehicle remains disabled on the lot. In
same is specified on its application or if the lot is mechanically addition, the licensee may charge a fee of not more than $75
controlled, i.e., automated pay machines. for the services involved in the installation and removal of any
B. Attendants must remain on duty until 30 minutes device used for purposes of disabling the vehicle.
after special events have concluded. The term "special events" C. In the event a vehicle is towed at the direction of a
is defined as any athletic or entertainment function where the parking lot licensee by a tower duly licensed by the City of
public is invited. Buffalo, then that licensed city tower shall have the authority to
C Each licensee shall use his best endeavors to charge such rates and fees as allowed by Chapter 479 of the
employ honest, courteous and competent attendants. Code of the City of Buffalo for the release of such vehicle.
D. It shall be unlawful for any licensee under this article § 307-35. Claim checks.
to permit any person not employed by such licensee to loiter in When a vehicle is left for storing or parking, the licensee of
or about the parking lot of such licensee. the parking lot, his agents, servants or employees shall furnish
§ 307-29. Handbills. the owner or operator of said vehicle with a claim check if such
It shall be unlawful for any person to distribute literature or owner or operator demands the same.
place handbills in or upon any vehicle while parked in a parking § 307-36. Fire protection.
lot. Every parking lot shall be equipped with such proper hand
§ 307-30. Vendors. fire-extinguishing apparatus as required by the Department of
No licensee shall sublet, sublease or otherwise pen-nit any Fire, and all vehicles shall be so parked or stored that they may
parking lot or portion thereof to be used by any vendor of be reached readily in case of fire or other emergency.
goods, wares or merchandise or services for the conduct of § 307-37. Entrances and exits.
such vendor's business unless the same is conducted in a Each parking lot shall have a properly designated entrance
permanent building that complies with the building ordinances and exit, which may or may not be combined, and such
of the City of Buffalo. entrance and exit shall be properly attended while the parking
§ 307-3 1. Notification of claims. lot is in operation.
Every licensee shall promptly notify the Department of Police § 307-38. Barriers.
of every claim made by reason of loss, theft or conversion or Except for places of entrance and exit, every parking lot shall
any injury to person or any damage to property, in the amount be completely enclosed by barriers of a permanent, suitable
of fifty dollars ($50.) or more, from the operation of a licensed type approved by the [Director of New Construction]
parking lot and occurring during the hours said premises are Department of Permit and Inspection Services and constructed
regularly open for business. The obligation created by this and maintained so as to withstand the shocks and stresses to
section shall not extend beyond the regular posted hours of which they will normally be subjected by vehicles using the
attendance. premises and shall be of such height as to properly engage the
§ 307-32. Notification of vehicles parked for extended periods. wheels or bumper of any motor vehicle parked on said lot so
Every licensee shall promptly notify the Department of Police that no portion of the vehicle shall extend over the property
of the license number, make and the name of the owner, if lines. When said lot abuts on a building, barriers shall be
erected as provided in this section to prevent motor vehicles
from striking such building. Parking lots whose side, sides or spaces reserved to the handicapped without authority to do so
front is adjacent to a public street commonly known as an are subject to prosecution under the appropriate city
"alley" shall not be required to install the barriers hereinabove ordinances. All such signs shall conform to any city ordinances
required on said alley side or sides if the Department of Public regulating signs.
Works., Parks and Streets of the City of Buffalo shall not § 307-47. Modification of provisions.
require said barriers. Parking lots the use of whose side sides, With respect to the licensing of any parking lot subject to the
or rear is given in easement to an adjacent property as legal provisions of this Article which is located on lands owned by
open space as in the case of ingress or egress or any other the city or by any other governmental body or agency, the
reason shall place barriers so that no portion of any parked Common Council, upon the written recommendation of the
vehicle shall extend over the easement lines into the easement Board of Parking, may, by resolution, modify, alter, change or
area. suspend any of the provisions of § § 3 07-3 8, 3 07-40 and 3
§ 307-39. Maintenance of premises. 07-41 of this Article.
Every operator of the parking lot shall keep the sidewalk APPROVED AS TO FORM
surrounding the premises free from dirt, ice, sleet and snow Corporation Counsel
and shall keep the sidewalks and driveways open and in a safe NOTE: Matter in brackets [ ] to be deleted; matter underlined is
condition for the travel of pedestrians. The owner shall be new.
responsible for the proper maintenance of that portion of the REFERRED TO THE COMMITTEE ON LEGISLATION
sidewalk fronting the public way between the curbline and the
property line. NO. 200
§ 307-40. Surfacing. BY: MR. FONTANA
A. Every parking lot and access driveways thereto shall RE: ORDINANCE AMENDMENT
be paved and shall be so graded and drained as to dispose of CHAPTER 316 - PEDDLING AND SOLICITING
all surface water accumulations. The Common Council of the City of Buffalo does hereby
B. Only those temporary parking areas leased by the ordain as follows:
City of Buffalo, Buffalo Urban Renewal Agency, State of New That Chapter 316 of the Code of the City of Buffalo be
York, or New York State Thruway Authority may be exempted amended to read as follows:
from paving and only upon the judgment ARTICLE I, General Licensing Provisions
and recommendation of the Board of Parking. In any such § 316-1. License required.
instance, a regularly oiled crushed stone and/or similarly No person shall sell, peddle, hawk or vend any goods, wares
durable and dustless surface material so graded and or merchandise upon the streets or public places of the city, by
drained as to dispose of all surface water accumulations shall going from house to house soliciting purchases or otherwise,
be required. without first obtaining a license so to do from the [Director of
§ 307-41. Lighting. License and Permits] Commissioner of Permit and Inspection
Such parking lot shall be lighted after sundown during its Services, nor shall a vehicle be used in connection with such
period of operation with sufficient light to give protection to peddling without obtaining a license for the vehicle.
persons using said lot. § 316-2. Application for license.
§ 307-42. Shelters. Application for such licenses shall be made upon a blank
Any licensed parking lot with facilities for fifty (50) or more form to be furnished by the [Director of Licenses and Permits]
cars shall contain a shelter house for the attendant. Commissioner of Permit and Inspection Services, which
§ 307-43. Curb cuts. application shall contain the full name and address of the
The regulation and procedure governing curb cuts shall be applicant, the kind of vehicle to be used, if any, and the
as contained in Chapter 413, §§ 41322 through 413-24. character of the goods, wares and merchandise to be sold or
§ 307-44. Time period for compliance. hawked and shall contain such other information as said
All parking lots shall be given thirty (30) days after the [Director] Commissioner may require.
effective date of this Article to file an application and plans for § 316-3. Contents of license; badges and plates.
approval for a license; and no license for an existing parking lot A. The license shall contain its number and date of
shall be issued after October 1, 1959, unless complete issue, the kind of vehicle, if one is to be used, and a statement
compliance with this Article has taken place. All permits for of the character of the goods, wares or merchandise authorized
parking lots heretofore issued shall terminate thirty (30) days to be sold.
after the effective date of this Article. B. The [Director of Licenses and Permits]
§ 307-45. Vehicle types and parking space dimensions. Commissioner of Permit and Inspection Services shall furnish
The type of vehicle permitted to be stored or kept upon a to the licensee a badge, which the licensee shall wear at all
licensed parking lot and requirements for dimensions of times when engaged in peddling, and also shall furnish to the
parking spaces shall be in compliance with the Zoning licensee, if a vehicle is to be used, a metal plate marked
Ordinance of the City of Buffalo. "Licensed Peddler," which plate shall be affixed to the vehicle,
§ 307-46. Handicapped spaces. and upon the plate shall be incorporated the number of the
A. All new or rehabilitated parking lots licensed after the license and the date of its expiration. Every such badge and/or
effective date of this section, but never having previously been plate shall be returned to said [Director] Commissioner at the
licensed, shall reserve two percent (2%) of total parking expiration of the license.
capacity as § 316-4. Minors.
handicapped parking spaces. Such spaces may only be used No license shall be issued under the foregoing provisions to
by those vehicles bearing the parking permits for handicapped any person under the age of eighteen (18) years; provided,
persons as provided for in Chapter 838 of the Laws of the State however, that during a war emergency a license hereunder to
of New York of 1977. Such spaces shall be properly identified sell popcorn, peanuts, ice cream or confections during the
and will not be considered as a part of the capacity when months of June, July, August and September may be issued to
determining the annual licensing fee. male persons between the ages of sixteen (16) and eighteen
B. Each licensee shall maintain near each entrance to (18) years.
the lot a permanently affixed and plainly visible sign suitable to § 316-5. Free licenses.
apprise persons using the parking lot that those who occupy
The [Director of Licenses and Permits] Commissioner of No person, firm or corporation shall distribute or cause the
Pen-nit and Inspection Services may, in his discretion, issue distribution upon the streets or other public places of the city or
licenses free of charge to indigent persons to peddle small from house to house, as principal, agent or employee, of any
articles of merchandise other than fruit, farm or garden samples of propnietary or other medicines or of any gums,
products from handcarts, baskets or other receptacles upon candies or confections, salves, fluids, food products, soaps,
the public streets and grounds of the city, except in city parks powders, pastes or any other substance or article whatever
and playgrounds. No such free license shall be issued for without first obtaining a license therefor for which the sum as
peddling from a horse-drawn or motor vehicle, and no such free provided in Chapter 175, Fees, shall be paid.
license shall be transferable from one person to another. Any § 316-20. Numbering of licenses; required information;
such free license shall be revocable in the discretion of the expiration; transferability.
[Director of Licenses and Permits] Commissioner of Permit and All licenses shall be numbered consecutively, shall expire
Inspection Services at any time, and any such free license shall one (1) year from the date of issue and shall be
expire thirty (30) days after the date of its issuance unless nontransferable. Each such license shall bear, in addition to its
sooner revoked. number, the name and address of the licensee and the date of
§ 316-6. Restricted areas. its issue and expiration. Each such license shall also contain a
A. No licensee shall be permitted to sell, peddle, hawk statement that a separate permit must be procured from the
or cry out his wares within the territory bounded on the west by Health Commissioner for each kind of sample to be distributed.
Franklin Street, Upper Terrace, Pearl Street, Pearl Street § 316-21. Permits from Health Commissioner required.
extended and Commercial Street, on the south by the Buffalo A. Such licensee, before distributing any samples
River, on the east by Ellicott Street, Exchange Street (from pursuant to this shall procure from the Health Commissioner a
Ellicott Street to Washington Street), Washington Street and separate pen-nit for the distribution of each kind of sample.
as extended to the Buffalo River, and on the north by Tupper B. No charge shall be made for any such pen-nit.
Street, including the streets or parts of streets C. Each applicant for such pen-nit shall deliver to the
forming such boundaries; nor within the following territory: that Health Commissioner a sample of each kind of
part of Clinton Street between Baitz Avenue and Roberts commodity which he desires to distribute, together with a
Street, that part of Bailey Avenue from Seneca Street to statement of the full and true list of the ingredients thereof If
Dingens Street, that part of Hobart Street and Hubbard Street any such ingredient or ingredients in the quantity or proportion
within five hundred (500) feet of Clinton Street, and the area in which it or they are combined in such sample shall be of a
within that part bounded by School Street westerly to the character detrimental to health or safety, said applicant shall
Niagara River shoreline, Prospect Avenue from School Street also, upon the Health Commissioner's demand, file with him
to and including the south side of Porter Avenue, the south side the formula thereof, such formula shall be confidential and shall
of Porter Avenue from Prospect Avenue westerly to the Niagara not be made public without the permission of the licensee. If, in
River shoreline, from this point northerly to the School Street the judgment of the Health Commissioner, the commodity
Niagara River shoreline point. proposed to be distributed is harmless, he shall issue to the
B. Upon written recommendation of the [Director of applicant the permit applied for; but if, in his Judgment, said
Licenses] Commissioner of Permit and Inspection Services commodity is detrimental or dangerous to health or safety, he
and subject to such terms and conditions as the Common shall deny the application for such permit.
Council may impose, the foregoing restrictions may be D. No such permit issued by the Health Commissioner
modified, altered, changed or suspended for particular shall be valid until countersigned by the Commissioner of
applications by resolution of the Common Council. Police.
§ 316-7. Exemption for Indians. § 316-22. Distribution of printed matter excluded.
The provisions of the foregoing sections shall not apply to This Article shall not apply to the distribution of printed
the selling or offering for sale by an American Indian who is a matter, which is subject to the provisions of other ordinances of
ward of the United States and a resident of a duly established the city.
Indian reservation within the State of New York of any product § 316-23. Cancellation or revocation.
raised, produced or manufactured upon said reservation, and Any license issued under this Article may be canceled and
the provisions of this Article shall be liberally construed so as to revoked by the [Director of Licenses and Permits]
give full force and effect to any tribal rights and privileges Commissioner of Permit and Inspection Services for good
existing by custom or by treaty relating to the right of native cause upon notice to the licensee and after an opportunity for
American Indians to trade with United States citizens. him to be heard.
§ 316-8. Hours. ARTICLE VI, Solicitation of Funds
No licensee, other than one who peddles popcorn, peanuts, § 316-26. Definitions.
waffles, confections or baker's products, shall peddle on the The0 following terms, when used in this Article, shall have
public grounds of the city before 7:00 a.m. nor after 7:00 p.m. the meanings respectively ascribed to them in this section:
nor at any time on Sunday. PERSON -- An individual, partnership, unincorporated
§ 316-9. Peddling from vehicles. association or corporation.
Each licensed vehicle, when in use, shall at all times be SOLICITOR -- Any person who shall, by personal interview,
under the immediate supervision of a licensed peddler, and no telephone, mail, telegram, circular or other means of
more than one (1) other licensed peddler or one (1) licensed communication, whether in public or private places:
peddler's helper shall peddle from such vehicle. A Collect or receive money or property;
§ 316- 10. Delivery vehicles. B. Sell tickets, articles or things of any kind or value;
The provisions of this Article requiring licenses for vehicles C. Solicit, request or attempt to induce or persuade any
shall not be construed to require licenses for delivery wagons person to contribute any money or thing of value; or
owned or used by grocers, bakers or others having within the D. Solicit, request or attempt to induce or persuade any
city a store, storehouse or warehouse for the sale or distribution person to become a sponsor, booster or advertiser in
of or an establishment for the manufacture of the merchandise connection with a fund-raising campaign.
carried in said wagon or for the drivers of such wagons. § 316-27. License required.
ARTICLE IV, Distribution of Samples A. No person shall solicit money, donations, property or
§ 316-19. License required. financial assistance of any kind or sell or offer to sell any
article, service, publication, advertisement, ticket, chance or the purpose for which the solicitation is to be made. After
subscription consideration of the report and recommendation of the [Director
on the direct or implied plea or representation that such of Licenses and Permits] Commissioner of Pen-nit and
solicitation, sale or offer is for charitable, educational, civic, Inspection Services, the Common Council shall approve or
patriotic, benevolent, religious or philanthropic purposes, upon deny the application for an exemption. The [Director of
the streets or public places of the city or by house-to-house Licenses and Permits] Commissioner of Permit and Inspection
canvass, or by telephone or by mail or in any other way, unless Services shall notify the applicant of the action taken by the
the person making the solicitation, sale or offer shall possess a Common Council.
license issued pursuant to the provisions of this Article. § 316-30. Application for license.
B. Any person violating the provisions of this section An application for a license to solicit, sell or offer, as
may be liable for penalties as prescribed in Chapter 137, Article required by § 316-27 and § 316-28, shall be sworn to and
1, of this Code. addressed to the [Director of Licenses and Permits]
§ 316-28. Identification cards. Commissioner of Permit and Inspection Services at least thirty
A. Any individual who is a solicitor acting on behalf of (30) days prior to the proposed solicitation on forms finished by
and under the authority of a licensed organization shall not be the [Director of Licenses and Permits] Commissioner of Permit
required to obtain a license if he shall obtain from the licensed and Inspection Services and shall contain the following
organization a duly executed identification card and otherwise information:
comply with the provisions of this Article concerning the A. The name of the organization, accredited officers
conduct of solicitors. and addresses.
B. The identification card shall bear the name of B. Character and extent of the entire operation of the
individual solicitor and his signature, address and identifying organization within the City of Buffalo, and also of the
number, as well as the name of the organization he is charitable, religious, civic, patriotic, educational or philanthropic
representing, the expiration date of the license held by that work being done
organization an the signature of the [Director of Licenses and by it within the city, together with the financial statement of the
Permits] Commissioner of Permit and Inspection Services. organization for the last preceding fiscal year, showing costs of
C. The identification card shall be displayed by solicitor raising funds.
to each person he approaches prior to his acceptance of any C. The purpose for which this solicitation shall be made
payment or contribution. If the solicitation, sale or offer is made and the total amount.
by mail, the solicitor shall enclose, with the solicitation, sale or D. The time for which the license is requested and the
offer, a statement containing his name, signature address and method of solicitation to be used.
identifying number, as well as the name of the organization he E. The amount of wages, fees, commissions or other
is representing an the expiration date of the license held by the compensation to be paid in connection with such solicitation,
organization. sale or offer; the names of all individuals who will receive them,
§ 316-29. Exemptions. together with a signed copy of any contract governing such
A. Exempt transactions. The following transaction shall solicitation if in writing, and if not in writing, a statement of the
be exempt from the provisions of § 316-2 and § 316-28: terms signed by the person directing such solicitation and by
(1) Solicitations, sales or offers on behalf of society, the organization contracting for the solicitation service.
association or corporation, organize and operated exclusively F. The estimated cost of all solicitation expenses,
for charitable educational, civic, patriotic, benevolent religious including the cost of telephone service, printing, rent, taxes and
or philanthropic purposes and not for pecuniary benefit, postage.
provided that no part of the net earnings of that society, G. Such other information as the [Director of Licenses
association or corporation inures to the benefit of any private and Permits] Commissioner of Permit and Inspection Services
shareholder or individual, and provided further that such may require.
solicitation, sale or offer is carried out on behalf of the society, § 316-31. Investigation; issuance or denial of license.
association or corporation by volunteers or persons employed A. Investigation of applicant. Upon receipt of an
on an annual basis for a fixed wage or salary. application, as described in § 316-30 [Director of Licenses and
(2) Solicitations at the regularly appointed meetings or Permits] Commissioner of Permit and lnspection Services shall
services in the regular place of worship or exercises of any make
church, religious society, lodge, benevolent order or fraternity, an investigation to determine that the cause for which the
labor union, veterans organization or political party or any solicitation, sale or offer is to be made is in fact charitable,
branch thereof educational, religious, civic, patriotic or philanthropic, and that
B. Application for exemptions. To secure an exemption at least eighty-five percent (85%) of the gross proceeds of
from the provisions of § 316-27 and § 316-28, an application such solicitation shall be used for such
must be submitted by the person claiming the exemption to the purpose, and further that such solicitation is not promoted or
[Director conducted primarily for the private profit of its promoter.
of Licenses and Permits] Commissioner of Permit and B. Report to Common Council. Upon completion of his
Inspection Services. Upon receipt of this application, the investigation, the [Director of Licenses and Permits]
[Director of Licenses and Permits] Commissioner of Permit and Commissioner of Permit and Inspection Services shall report
Inspection Services shall conduct an investigation to determine his findings to the Common Council, together with his
whether the applicant for an exemption is entitled thereto, recommendation concerning the granting of a license to the
according to the provisions of this Article. Upon completion of applicant. The [Director of Licenses and Pen-nits]
his investigation, the [Director of Licenses and Permits] Commissioner of Pen-nit and Inspection Services may also
Commissioner of Permit and Inspection Services shall include in his report to the Common Council a recommendation
report his findings and his recommendation concerning the that an
granting of an exemption to the Common Council. The applicant be required to file a surety bond in such sum as said
investigation by the [Director of Licenses and Permits] [Director] Commissioner may determine to be proper, not to
Commissioner of Permit and Inspection Services and exceed five thousand dollars ($5,000.), conditioned upon the
his report to the Common Council shall include a report as to faithful conduct of the fund-raising campaign and the
the financial status of the person applying for an exemption and proper application of the proceeds thereof, and further
conditioned upon compliance with the provisions of the of Permit and Inspection Services shall present evidence
applicable ordinances of the City of Buffalo. concerning the reason(s) for the revocation as may be in his
C. Action by Common Council. Upon receipt and possession; and the licensee shall have an opportunity to be
consideration of the report and recommendation of the [Director heard in his own defense.
of Licenses and Permits] Commissioner of Permit and § 316-37. Financial statement.
Inspection Services, the Common Council shall approve or Within fifteen (15) days after the expiration date of the
deny the granting of a license to the license, the licensee shall file a copy of a certified financial
applicant. If granted by the Common Council, a license shall be statement with the [Director of Licenses and Permits]
issued by the [Director of Licenses and Permits] Commissioner Commissioner of Permit and Inspection Services. This
of Permit and Inspection Services, which shall contain on its statement shall be a public record and shall contain the
face, in legible type, the name of the licensee, the purpose of following information:
the solicitation, the total amount A. The gross income of the solicitation.
sought, the name of the soliciting organization, if any, the B. The amount paid or retained by the licensee.
sum and amount of compensation and the date of the C. The net proceeds received by the benefiting
expiration of the license. organizations.
§ 316-32. Fees for licenses and identification cards. D. The disposition of such proceeds.
The license fee shall be as provided in Chapter 175, Fees. ARTICLE VII, Types of Licenses
There shall be a further charge as provided in Chapter 175, § 316-38. Sale of fresh fish.
Fees, for each identification card required by § 316-28, The [Director of Licenses and Permits] Commissioner of
provided that such card is for use by a paid solicitor Permit and Inspection Services shall have power, in his
representing a licensed organization. discretion, to issue a license, without charge, or to grant
§ 316-33. Expiration of license; renewal. permission to any person to sell fresh fish from any vehicle of
A license granted pursuant to the provisions of this Article any kind, whenever in his judgment such license or permission
shall not be effective for a period greater than thirty (30) days. will promote the public welfare. Such license or permission
However, a license may be renewed upon application to the shall be granted for such length of time and subject to such
[Director of Licenses and Permits] Commissioner of Pen-nit reasonable conditions as the [Director of Licenses and Permits]
and Inspection Services for one (1) additional thirty-day period Commissioner of Permit and Inspection Services may
unless the [Director] Commissioner shall find that the licensee prescribe.
has conducted himself in such a manner as would justify § 316-39. Sales from railroad cars.
revocation of the license under § 316-36. No person, firm or corporation which shall not have obtained
§ 316-34. Transferability of license. a license so to do shall sell or offer or expose for sale from the
A license shall not be transferred, but a licensee may use railroad cars in any of the railroad terminals within the limits of
any solicitor whose name is reported to the [Director of the City of Buffalo any fresh fruits or vegetables or Christmas
Licenses and Permits] Commissioner of Permit and Inspection trees. The provisions of this section shall not apply to sales of
Services and who has not conducted himself so as to justify carlots in bulk nor to sales of less than carlots by persons,
the revocation of the license. firms or corporations having stores leased or owned by them
§ 316-35. Reports. within the limits of the City of Buffalo for the regular transaction
The [Director of Licenses and Permits] Commissioner of of business as dealers in such commodities.
Permit and Inspection Services may require reports from any § 316-40. Solicitation of orders for photographs.
licensee hereunder at any time and at such intervals as he may A. No person, firm or corporation, except resident
deem necessary for the protection of the public welfare. taxpayers, or those having an established place of business for
Furthermore, the [Director of Licenses and Permits] that purpose in the City of Buffalo, New York, shall directly, or
Commissioner of Permit and Inspection Services may through any agent or solicitor, go from place to place soliciting
investigate and require reports from any organization or orders to take photographs of any person, object or place or
individual which he has cause to believe is violating the to copy, enlarge or reproduce by any photographic process any
provisions of this Article. picture or photograph without first having obtained a license so
§ 316-36. Revocation of license. to do from the [director of licenses and permits] Commissioner
A. If the [Director of Licenses and Permits] of Permit and Inspection Services.
Commissioner of Permit and Inspection Services shall find that B. Any person, firm or corporation desiring to engage in
the information given in any application is untrue or if he shall any of the activities above mentioned shall apply in writing to
find that any of the facts laid down in the preceding sections as the [Director of Licenses and Permits] Commissioner of Permit
a condition for the granting of any license no longer exist or if and Inspection Services for a license therefor, giving the name
he shall find that any agent or solicitor of the licensee is making and address of the
untrue statements in connection with the solicitation or that in applicant, a description of the particular business intended to
any other way the solicitation is contrary to the public welfare, be carried on, his experience and the nature of the proposed
he may revoke the license. business and such other information in reference to the
B. Upon making his decision to revoke, the [Director of applicant as the [Director of Licenses and Permits]
Licenses and Permits] Commissioner of Permit and Inspection Commissioner of Permit and Inspection Services shall require
Services shall cause written notice to be served upon the to determine the character, responsibility and ability of the
licensee, specifying the reason(s) assigned for the revocation applicant. No person of notoriously bad character shall be
of the license. Within ten (10) days after his receipt of this granted a license.
notice of revocation, the licensee may make written demand C. For each order solicited and received, the licensee or
upon the [Director of Licenses and Permits] Commissioner of his representative shall deliver to the customer a receipt in
Permit and Inspection Services for a hearing on the specific writing signed by the licensee and the solicitor, stating, in
reason(s) underlying the revocation. Upon receipt of such a substance, the work to be done, the date on
demand, the [Director of Licenses and Permits] Commissioner or before which the completed work is to be delivered, the total
of Permit and Inspection Services shall fix and, notify amount to be paid by the customer and the amount paid on
the licensee of, the time and place for the hearing. At the account, if any. The receipt shall also show the number of the
hearing, the [Director of Licenses and Permits] Commissioner license issued to the solicitor or to his principal.
ARTICLE VI-H, Street Vending in Special Downtown District (3) Any restrictions as to days or times allowed;
§ 316-41. Findings. (4) Whether the site is seasonal or yearlong; and
The Common Council of the City of Buffalo hereby finds and (5) Any other pertinent information, including the place
declares that there is recognized a section of the downtown and time for receipt of license applications.
area, described herein, wherein there is a unique character of B. Said master list shall be submitted to the [Director of
pedestrian traffic, retail and office activities and entertainment Licenses] Commissioner of Permit and Inspection Services by
activities, both seasonal and yearlong, with emphasis on Buffalo Place, Inc.
pedestrian participation in said activities. The City of Buffalo C. Thereafter, the number and types of licenses issued
recognizes therefor a need to establish a policy of regulating to vendors shall be based on said approved listing only.
street vendors and their location and number and recognizes a D. In developing the master list, the [Director of
legitimate interest of the City of Buffalo in eliminating confusion Licenses] Commissioner of Permit and Inspection Services
of vending activities, regulating the type of activities for shall consult with area merchants in front of whose
pedestrian control and in protecting the public health and establishment a site is proposed and shall consider their
welfare in the display, serving and control of food and nonfood concerns.
items on the streets of the special district. § 316-44. Submission of license application; continuation of
§ 316-42. Establishment of district. existing licenses; limitation on number of sites.
A. These regulations shall apply to the Special A. Upon publication of the master list, applications for
Downtown Vending District to be shown on maps filed in the licenses for street vending in the downtown special district shall
office of the City Clerk and maintained in the office of the be submitted to Buffalo Place, Inc., by all prospective
[Director of Licenses] Commissioner of Pen-nit and Inspection licensees. The Division of Licenses, with the assistance of
Services. Said Special Downtown Vending District is Buffalo Place, Inc., shall review all applications for
described as an area of the City of Buffalo bounded as follows: completeness and shall thereupon make recommendations to
(1) Bounded on the north and west: beginning at the the Common Council for its approval.
northwest comer of Edward Street at its intersection with B. Holders of licenses at approved permanent sites shall be
Franklin Street; thence southerly along the west side of allowed to continue at that site, consistent with their choices
Franklin Street to the northwest intersection of Franklin Street under § 316-45, upon a verification that no adverse action has
and Chippewa Street; thence westerly along the north side of been taken against said applicant under § 316-49 of this
Chippewa Street to the northwest intersection of Chippewa Article.
Street and Delaware Avenue; thence southerly along the west C. With the exceptions noted herein, no person, firm,
side of Delaware Avenue to Niagara Square; thence around the corporation or organization will be licensed to operate in the
northerly rim of Niagara Square to the intersection of Jerge special district at more than three (3) sites in any year.
Drive; thence along the northerly side of Jerge Drive to the § 316-45. License application requirements; multiple
westerly side of South Elmwood; thence southerly along the applications for same site; development of standards.
west side of South Elmwood to the southerly side of Perkins A. License application requirements.
Drive; thence easterly along Perkins Drive and around the (1) All applications for a license for vending in the
southerly rim of Niagara Square to the southwest comer of downtown special district shall include the following:
Delaware Avenue; thence southerly along the west side of (a) The applicants primary, secondary and third site
Delaware Avenue to the southwest comer of Church Street; choices.
thence easterly along the south side of Church Street to the (b) A complete listing of all items to be sold at the
southwest comer of Pearl Street; thence southerly along the locations of choice.
west side of Pearl Street and continuing along a southerly line (c) Proof of insurance indemnifying the City of Buffalo
west of the War Memorial Auditorium and to the conclusion of against any and all claims made as a result of the negligence of
Pearl Street at the northwest comer of Naval Servicemen's the vendor arising out of his activities, including materials used,
Park. in an amount to be determined by the [Division of Licenses]
(2) Bounded on the cast as follows: beginning at the Department of Pen-nit and Inspection Services.
northwest intersection of Edward and Franklin Streets; thence (d) Notification from the Commissioner of Police that
easterly along the north side of Goodell Street to the northwest nothing contained in any official record includes evidence that
comer of Goodell and Ellicott Streets; thence southerly along applicant's moral character is inconsistent with a license for
the east side of Ellicott Street to the northeast comer of Ellicott vending upon the public streets.
and Swan Streets; thence easterly along the north side of Swan (e) In the case of an applicant using a cart or other
Street to the east side of Oak Street; thence proceeding similar device for the preparation and display of
southerly along the east side of Oak Street to the south side of items, submission by the applicant, for review by the
Exchange Street; thence westerly along the south side of [Director of Licenses] Commissioner of Permit and
Exchange Street to the comer of Washington Street; thence Inspection Services , of the approval of such device.
southerly along the east side of Washington Street to its end. (f) Evidence of a current New York State sales tax
B. The area described as the Special Downtown certificate.
Vending District shall include all street area, sidewalks and (g) Evidence of health permits or other permits required
areas in front of all properties, buildings and vacant lands by any other statute.
fronting on said boundaries. (2) All licenses granted shall state the exact location of
§ 316-43. Master list of available sites. the site, the types of items to be sold at the licensee's site, and
A. Effective immediately, and on or before the first day any limitations as to time, place and items per the master list.
of March of each year hereafter, the [Director of Licenses] B. In the event that multiple valid applications are
Commissioner of Permit and Inspection Services shall publish received for an identical site and the parties, together with the
a master list of all sites within the downtown special district [Director of Licenses] Commissioner of Permit and Inspection
which shall be available to street vendors, setting forth the Service , are unable to agree upon a resolution, the [Director of
following information for each site: Licenses] Commissioner of
(1) The number of vendors to be allowed; Permit and Inspection Services shall, upon notice to the
(2) The type of product to be allowed (food, nonfood applicants, award a license for the site in question on the basis
only or both food and nonfood); of a lottery, to be held in the office of the [Director of Licenses]
Commissioner of Permit and Inspection Services in the The fees as provided in Chapter 175, Fees, shall be paid by
presence of the interested parties. all persons granted licenses for vending in the special district.
C. The city may contract with a private organization, It is hereby certified, pursuant to Section 3-19 of the
including Buffalo Place, Inc., to assist in the development of Charter, that the immediate passage of the foregoing ordinance
standards for vending in the special district to propose policy is necessary.
considerations for the maintenance of the vending program to APPROVED AS TO FORM
provide services to the city in Corporation Counsel
connection with vending activities in the special district and to NOTE: Matter in brackets to be deleted; matter underlined is
provide other services as the city may require. new.
§ 316-46. Temporary and daily licenses.
PASSED
A. The [Division] Office of Licenses shall maintain a
AYES - 12 NOES - 0
current list of sites available for temporary or daily licenses. A
temporary license may be issued, which shall be for a period
NO. 201
not to exceed fourteen (14) days. A daily license may be issued
BY: MR. FONTANA
for a specific twenty-four-hour period.
RE: ORDINANCE AMENDMENT
Applications for such license shall be submitted to the officer of
CHAPTER 319 - PERFORMERS, OUTDOOR
Buffalo Place, Inc., no less than (10) days and no longer than
The Common Council of the City of Buffalo does hereby
thirty (3 0) days in advance of the period for which such license
ordain as follows:
is applied and shall conform to the requirements set forth in §
That Chapter 319 of the Code of the City of Buffalo be
316-45 of this Article. Buffalo Place, Inc., shall forward all
amended to read as follows:
applications to the [Division] Office of Licenses, with
§ 319- 1. License required.
recommendations.
No person shall perform magic, act, sing, dance, play music,
The [Division] Office of Licenses shall then approve or
act as a mime, juggle or engage in similar entertainments upon
disapprove all applications and, upon payment of all fees as
the streets, sidewalks or other outdoor public places of the city
indicated herein, shall issue those licenses approved by him.
without first obtaining a license to do so from the [Director of
B. No applicant shall receive daily licenses in any year
Licenses] Commissioner of Permit and Inspection Services.
beginning March I which, taken together, exceed fourteen (14)
§ 319-2. Application for license.
days.
Application for such licenses shall be made upon a blank
§ 316-47. License required; nontransferability.
form furnished by the [Director of Licenses] Commissioner of
A. No person, firm, corporation or association may offer
Permit and Inspection Services, signed and verified, giving the
for sale any item on the streets of the downtown special district
name, address and telephone number of the applicant. Said
without first having received a license under the procedures
application shall be filed with the [Director of Licenses]
established herein.
Commissioner of Permit and inspection .services and
B. No license granted herein may be sold, leased or
accompanied by a fee as provided in Chapter 175, Fees.
assigned in any fashion.
§ 319-3. Expiration; contents; transferability.
§ 316-48. Special events.
A. The license shall be effective for one (1) year from
In the case of a special event occurring within the downtown
its date of issuance.
special district, the [Division] Office of Licenses shall have the
B. It shall contain the name and permit number of the
authority, upon due notice to holders of licenses within the area
applicant and the date of expiration.
of the special event, to restrict or temporarily eliminate the
C. No such license shall be transferred from one
activities of said licensees within the area of the special event
person to another.
for a period no longer than that during which the special event
§ 319-4. Free licenses.
is occurring. Said restriction or temporary elimination shall be
In his discretion, the [Director of Licenses] Commissioner of
without liability to the City of Buffalo for said restriction upon or
Permit and Inspection Services may issue licenses free of
elimination of the activities of the licensee. The failure of
charge to indigent persons. Any such free license shall expire
licensee to adhere to such directive shall result in revocation of
thirty (30) days after the date of its issuance unless sooner
the license under § 316-49 of this Article.
revoked.
§ 316-49. Complaints; revocation of license.
§ 319-5. Information to be furnished to licensees.
A. Upon receipt of any complaint regarding the
All licensees shall be furnished a copy of this chapter,
practices of licensed vendors, said vendors shall appear before
together with a list of areas and places where performances are
the [Director of Licenses ] Commissioner of Permit and
restricted.
Inspection Services to answer said complaint. The [Director of
§ 319-6. Display of license.
Licenses] shall notify the holder of said license by mail, at least
All persons licensed hereunder shall display their licenses at
five (5) days in advance of said meeting, informing the licensee
all times during the street performances.
of the nature of the complaint and all particulars thereof.
§ 319-7. Locations and hours for performances.
B. At the convening of the hearing, the licensee shall be
A. Performances regulated hereunder may take place
given a full opportunity to answer the complaint and present
in public areas, unless excluded by § 319-9 of this
any information relevant to the matter of which he has been
chapter. Performances may take place on private
given notice.
property upon written permission of the owner or
C. Upon completion of the hearing, the [Director of
other person having charge of such property.
Licenses] Commissioner of Permit and Inspection Services
Performances may take place at a fair or public
shall notify the licensee, within seven (7) days of the hearing,
festival authorized under this Code upon written
whether the license shall be continued for its term or revoked,
permission of the sponsor thereof
and the stated reasons therefore.
B. Performances shall be restricted to the following
D. No applicant shall receive a license for vending
hours: 8:00 a.m. to 10:00 p.m. on Mondays through
within the special district who has had a prior license revoked
Thursdays; 8:00 a.m. to 11:00 p.m. on Fridays;
for cause within two (2) years of said revocation.
10:00 a.m. to 11:00 p.m. on
§ 316-50. Payment of fees.
Saturdays; 2:00 p.m. to 10:00 p.m. on Sundays, except that in The Common Council of the City of Buffalo does hereby
those areas known as the "Theater District" and the ordain as follows:
"Pedestrian Mall," performances may occur between the hours That Chapter 322 of the Code of the City of Buffalo be
of 9:00 a.m. and amended to read as follows:
1:30 a.m. § 322-1. Definitions.
§ 319-8. General restrictions on performances. As used in this chapter, the following terms shall have the
A. Amplified equipment. A performer licensed hereunder may meanings indicated:
use amplified equipment only with permission therefor from the PRACTICE OF PHRENOLOGY -- Includes the offering to
[Director of Licenses] Commissioner of Permit and Inspection examine or the examining of the head of a person by an
Services. Such permission must be noted on the face of the individual who advertises or holds himself or herself out as
license. Amplified equipment shall be battery-powered only and skilled or proficient in determining the tendencies and
shall be audible for a distance not to exceed one hundred (100) characteristics of said person upon any such examination. The
feet. "practice of phrenology" as herein defined shall not be deemed
B. Passage of public. No licensee shall performance so to include the telling of fortunes or the predicting of future
as to block the passage of the public through a public area, events or the sale of books on fortune-telling or any practice
unless permitted to do so at a fair or public festival by the which is contrary to the provisions of any law.
sponsor thereof The Commissioner of Police is hereby § 322-2. License required; fee; expiration; revocation.
authorized to disperse a crowd or portion thereof which is No person shall practice phrenology in the City of Buffalo
blocking the passage of the public but shall not order the without a license from the [Director of Licenses and Permits]
licensee to quit the location absent a violation of this Code or Commissioner of Permit and Inspection Services, as herein
other statute, rule or regulation. Distance requirements. provided. The fee for each such license shall be as provided in
(1) No licensee shall perform at a distance of closer Chapter 175, Fees; and such license shall expire on December
than fifty (50) feet to another licensee or group of licensees 17 of each year. Said fee shall accompany the application
engaged in a performance. made to the [Director of Licenses and Permits] Commissioner
(2) No licensee shall perform at a distance of closer of Permit and Inspection Services. Said license may be
than fifty (50) feet to a restricted area as determined by the revoked at any time by the [Director of Licenses and Pen-nits]
Common Council, Commissioner of Police or as delineated by Commissioner of Permit and Inspection Services for cause
a posted sign. after hearing held before him. The issuance of said license
D. Contributions. A licensee may accept contributions shall be discretionary with the [Director of Licenses and
at a performance in a hat, instrument case or other receptacle. Permits] Commissioner of Permit and Inspection Services. A
All signs requesting contribution shall be limited in size to conviction of the licensee in a criminal action by a court of
twelve by eleven (12 x 11) inches. competent jurisdiction shall be a sufficient cause for revocation
§ 319-9. Restricted areas. of his or her license.
A. The Commissioner of Police may exclude a public area from § 322-3. Application; reports.
performances for a period not to exceed seven (7) days if, in A. Any person desiring to engage in said practice of
his discretion, such exclusion is necessary or desirable for the phrenology shall first apply in writing to the [Director of
public health, safety or welfare. Licenses and Pen-nits] Commissioner of Permit and Inspection
B. Upon the written recommendation of the Commissioner of Services of said city, giving particulars as to:
Police, the Common Council may conduct a public hearing to (1) The location, including space, number of rooms to
determine whether a public area should be excluded from be used, etc.
performances by persons licensed under this chapter. The (2) Whether the practice is to be conducted apart from
Common Council shall determine whether the public health, or in connection with any other calling or business.
safety or welfare would require such an exclusion and may (3) Whether said practice is to have any connection with
exclude any public area from performances. No such exclusion fortune-telling as the same is understood within the meaning of
shall be effective until seven (7) days after notice thereof has § 165.35 of the Penal Law or with the sale or distribution of
been mailed to all licensees. literature having to do with such fortune-telling.
§ 319-10. Suspension and revocation of licenses. (4) Whether any printed matter of any kind is to be sold
A. A license issued hereunder may be suspended or or distributed in connection with said practice of phrenology.
revoked by the Common Council for cause after notice and an (5) The previous location of the applicant for the past
opportunity for a hearing have been afforded the licensee. five (5) years.
B. Upon revocation, the former licensee may be (6) How long the applicant has previously been engaged
restricted from application for a license for such time as the in the practice of phrenology.
Common Council may determine but no longer than one (1) (7) How much training or experience in such practice
year. the applicant has had.
It is hereby certified, pursuant to Section 3-19 of the Charter, (8) Whether the applicant is a citizen of the United
that the immediate passage of the foregoing ordinance is States.
necessary. (9) Whether the applicant has ever been convicted of
APPROVED AS TO FORM violating any law or ordinance regulating the practice of
Corporation Counsel phrenology.
NOTE: Matter in brackets to be deleted; matter underlined is (10) Whether the applicant has been convicted of any
new. crime.
PASSED (11) Any other necessary information required by the
AYES - 12 NOES - 0 [Director of Licenses and Permits] Commissioner of Permit and
Inspection Services.
NO. 202 B. Upon receipt of the foregoing application, the
BY: MR. FONTANA [Director of Licenses and Permits] Commissioner of Permit and
ORDINANCE AMENDMENT Inspection Services shall refer the same to the Commissioner
CHAPTER 322 - PHRENOLOGY of Police for report thereon, which report shall state that an
inspection has been made to the proposed location for the criminal activities, with approval or disapproval of application
practice of phrenology by the applicant. returned to the [Director of Licenses] Commissioner of Permit
APPROVED AS TO FORM and Inspection Services.
Coiporatj6n Counsel D. The foregoing approval may be stamped or printed
NOTE: Matter in brackets on said application in the form as directed by the [Director of
to be deleted; matter underlined is new. Licenses and Permits] Commissioner of Permit and Inspection
REFERRED TO THE COMMITTEE ON LEGISLATION Service , subject to the provisions of this section.
§ 370-4. Expiration of license; fees.
NO. 203 A. Said license shall expire on September I after the
BY: MR. FONTANA issuance thereof, unless revoked by the [Director of Licenses
ORDINANCE AMENDMENT and Permits] Commissioner of Pen-nit and Inspection Services
CHAPTER 370 - RESTAURANTS for cause.
The Common Council of the City of Buffalo does hereby B. If outstanding complaints are not resolved, a hearing
ordain as follows: will be held before renewal is granted.
That Chapter 370 of the Code of the City of Buffalo be C. The annual fee for said license shall be based upon
amended to read as follows: seating capacity as provided in Chapter 175, Fees.
§ 370-1. Definitions. § 370-5. Posting of occupancy limits.
As used in this chapter, the following terms shall have the A. Every licensee under this chapter shall be required
meanings indicated: to post a sign in a conspicuous location designated by the Fire
EATING, DRINKING AND COOKING UTENSILS -- Includes Commissioner indicating the maximum number of patrons it is
all kitchenware, tableware, glassware, cutlery, utensils, licensed to accommodate at any given time. The signs are not
containers and other equipment with which food or drink comes to be less than fourteen (14) inches in width and seven (7)
into contact during the storage, preparation or serving of food inches in height with boldface, black lettering, three-fourths
or drink used in restaurants. (3/4) inch in height on a white background, to read as follows:
RESTAURANT -- Any hotel, public restaurant, public dining "THE TOTAL CAPACITY IN THIS RESTAURANT IS
room, dining car, drugstore, soda fountain, steamboat, catering LIMITED TO The posting of such sign shall be prima facie
service, restaurant takeout or other similar establishment where evidence of-
food or drink is prepared for sale or sold, whether or not (1) The validity of the indicated capacity limit; and
consumption of such food or drink is intended to take place at (2) Notice to all employees on the premises of the
such establishment. contents of the sign.
TEMPORARY STAND -- Any temporary establishment where B. Failure by the licensee, manager or any agent of the
food or drink is prepared for sale or sold during a special event licensee to limit the number of patrons to the amount
within the City of Buffalo. indicated, as required above, at any given time shall constitute
§ 370-2. License required. a violation of this section, for which the licensee, manager or
No person, firm or corporation shall continue or engage in the agent may be held jointly or severally liable. It shall be no
business of conducting a restaurant in the City of Buffalo defense by the licensee to any charge of violating this section
without a license issued by the [Director of Licenses and that said licensee was unaware of the occurrence of the
Permits] Commissioner of Permit and Inspection Services after overcrowding prohibited by this section.
written application duly verified has been made therefor upon a C. Upon conviction for a violation of this section, the
form provided by said [Director] Commissioner. Said court shall impose a minimum fine of one hundred dollars ($
application shall give the name and address of said applicant, 100.). The maximum penalty for each violation of this section
the location of the premises whereon said restaurant is or is to shall be a fine of not more than one thousand five hundred
be operated and such other information as said [Director] dollars ($1,500.), imprisonment for not more than fifteen (15)
Commissioner shall require. days, or both such fine and imprisonment.
§ 370-3. Referral and approval of license application. § 370-6. Sanitary conditions of premises; screening of
A. Before issuing any license hereunder, the [Director openings; cooking odors.
of Licenses and Permits] Commissioner of Permit and All buildings, rooms and apartments used in the conduct of
Inspection Services shall refer said application to the Health said business and the surroundings thereof shall be maintained
Commissioner for approval as to health and sanitary conditions at all times in a clean and sanitary condition. Windows, doors
of the place, personnel, and other openings shall be properly screened to exclude flies,
equipment, service, etc. and odors of cooking must be disposed of in such a manner as
B. Before the issuance of such license, the [Director of to prevent injury, detriment or annoyance to any person or
Licenses and Permits] Commissioner of Permit and Inspection persons.
Services shall also refer said application to the Commissioner § 370-7. Cleanliness of equipment.
of Fire All show- or display cases and windows, counters, tables,
[and the Director of Housing and Property Inspections] for their refrigerating cabinets and other equipment used in connection
approval. The approval of the Commissioner of Fire shall cover with the operation of a restaurant shall be so constructed as to
such matters as fire hazards, safe means of exit, fire-fighting be easily inspected and cleaned and shall be clean and in good
equipment, etc. The approval of the Commissioner of Pen-nit repair and free from dust, dirt, insects and other contaminating
and Inspection Services [Director of Housing and Property material. The cloths used by waiters, chefs and other
Inspections] shall cover generally matters of structural safety, employees shall be clean.
building permits, occupancy certificates and the applicable § 370-8. Cleansing and disinfecting of utensils.
requirements of the Building and Zoning Ordinances and state All eating, drinking and cooking utensils shall be so cleaned
laws relating to matters of structural safety. and disinfected as to be free from bacilli of the coliform group
C. Before issuing any license for restaurant, the and to have a total bacterial count of not more than one
[Director of Licenses] Commissioner of Permit and Inspection hundred (100) per utensil, as determined by test in a laboratory
Services shall also refer said application to the Precinct approved for the purpose by the State Commissioner of Health.
Captain and Commissioner of Police for their investigation § 370-9. Storage of utensils.
regarding citizen complaints, loud music, rowdy patrons and/or
After cleansing and disinfection, all eating, drinking and NO. 204
cooking utensils shall be stored in a clean place. BY: MR. FONTANA
§ 370-10. Storage of materials used in food preparation. ORDINANCE AMENDMENT
All materials used in the preparation of meals and lunches CHAPTER 391 - SLAUGHTERHOUSES
shall be stored, handled, transported and kept in such a The Common Council of the City of Buffalo does
manner as to protect them from spoilage, contamination and hereby ordain as follows:
unwholesomeness. No ingredient or material shall be used in That Chapter 391 of the Code of the City of Buffalo be
the preparation of any meal or lunch which is spoiled or amended to read as follows:
contaminated or which may render such meal or lunch § 391-1. Definitions.
unwholesome, unfit for food or injurious to health. The following words, when used in this chapter, shall have the
§ 370-11. Refrigeration. following meanings:
All perishable food or drink shall be kept at or below fifty PERSON -- An individual, partnership, firm, association or
degrees Fahrenheit (50' F.), except when being prepared or corporation.
served. This shall include all cream-filled pastries. SLAUGHTERHOUSE -- A building or part thereof or premises
§ 370-12. Transmission of communicable diseases and local within the City of Buffalo used or kept for the purpose of killing,
infections. dressing or packing any cattle, sheep, hogs, calves or other
No person suffering from a communicable disease animals, or the meat thereof, intended for human consumption.
transmitted through food or drink or who resides in a household § 391-2. Issuance of license.
with a case of such disease or who is known to be a carrier of The Commissioner of Permit and Inspection Services [Director
the organisms causing such disease and no person suffering of Licenses], upon the recommendation of the Commissioner
from a local infection transmissible through food shall be of Health, may grant a license to a person to keep or maintain a
employed in any restaurant. building or buildings or premises therein described as a
§ 370-13. Employee cleanliness. slaughterhouse or to any person dealing in meats slaughtered
All employees shall wear clean outer garments and shall outside the City of Buffalo, New York, upon payment to the
keep their hands clean at all times while on duty in a restaurant. [Treasurer] Director of the Treasury of the City of Buffalo of a
§ 370-14. Use of substances containing cyanide preparations fee as provided in Chapter 175, Fees, therefore
prohibited. § 391-3. Plans to be filed.
No article, polish or other substance containing any cyanide No license to keep or maintain a slaughterhouse shall be
preparation shall be used for the cleansing or polishing of recommended by the Commissioner of Health nor granted by
eating or cooking utensils. the [Director of Licenses and Permits] Commissioner of Permit
§ 370-15. Employee toilet facilities. and Inspection Services until the plans therefor have been filed
Every restaurant shall provide for its employees adequate with the Commissioner of Health and by him approved in
toilet facilities, conveniently located and properly constructed writing, and no plans shall be so approved until the
and maintained. Toilet and washing facilities and dressing slaughterhouse for which a license is requested conforms to
rooms must be provided for the use of employees in the Code of the City of Buffalo.
accordance with the provisions of the New York State Labor § 391-4. Expiration and revocation of license.
Law applicable thereto, but no toilet room or room used as Each license so granted by the [Director of Licenses and
sleeping quarters shall be in direct connection with kitchen, Permits] Commissioner of Permit and Inspection Services shall
dining room or any room where food is stored or handled. expire at 12:00 midnight on the 30th day of June following the
§ 370-16. Employee lavatory facilities. date of its grant. Each license granted by the [Director of
Every restaurant shall provide for its employees adequate Licenses and Permits] Commissioner of Permit and Inspection
and convenient washing facilities, including soap and individual Services may be revoked by him for the violation, by any person
sanitary towels. The use of a common towel is prohibited. to whom it was granted, of any ordinance of the City of Buffalo
§ 370-17. Water supply. at the time in effect with reference to slaughterhouses or to the
The water supply shall be easily accessible to rooms in inspection of animals therein slaughtered or intended to be
which food is prepared, shall be adequate and shall be of a slaughtered or the meat or meat products thereof, after a
safe, sanitary quality. hearing given to the licensee, of which hearing the licensee
§ 370-18. Inspections. shall have a notice of at least three (3) days.
The [Director of Licenses] Commissioner of Permit and § 391-5. Inspections.
Inspection Services may request inspections from the Health Each slaughterhouse for which a license shall be granted as
Department when deemed necessary, of if any condition herein provided shall be open in every part at all times to
contrary to §§ 370-2 through 370-17 is found. inspection by any authorized employee of the Department of
§ 370-19. Revocation, suspension or nonrenewal of license. Health.
The license of any person granted under this chapter may be § 391-6. Business hours.
suspended, revoked or renewal thereof refused by the [Director It shall be unlawful to kill or dress any animal for human food in
of Licenses] Commissioner of Pen-nit and Inspection Services any slaughterhouse or other place in the City of Buffalo
upon determination by the Director, after notice and hearing between the hours of 5:00 p.m. and 7:00 a.m. or between the
before him, in accordance with Section [ 185] 17-2 of the hours of 12:00 noon Saturday and 7:00 a.m. Monday, except
Charter. that the Commissioner of Health, through his duly authorized
It is hereby certified, pursuant to Section 3-19 of the Charter, inspectors detailed to inspect such killing and dressing, may
that the immediate passage of the foregoing ordinance is grant permission to so kill and dress animals for human food in
necessary. cases of special emergency.
APPROVED AS TO FORM § 391-7. Rooms to be watertight.
Corporation Counsel In each room of a slaughterhouse wherein any meat, refuse,
NOTE: Matter in brackets to be deleted; matter underlined is offal, fertilizer or any other material derived directly or indirectly
new. from the slaughter of animals is treated or handled and in each
PASSED room of a slaughterhouse wherein animals are killed or
AYES - 12 NOES - 0 dressed, the floor must be made watertight, properly drained
and sewer-connected and the walls, doors and casements
constructed of or covered with some nonabsorbent material to rendering of parts of animals which have been slaughtered for
a height of six (6) feet above the floor. human food; provided, further, that any person, firm or
§ 391-8. Coolers. corporation which has facilities for rendering parts of animals
In each slaughterhouse, a cooler shall be constructed and slaughtered for human food may also render dead animals at
maintained, the interior of which shall be painted with white the same place if such use is permitted by the provisions of the
enamel paint or constructed of nonabsorbent material, such as Zoning Ordinance of said city.
tile or wallboard, to be approved by the Commissioner of B. Any person, firm or corporation desiring to render
Health. Such cooler shall be provided, at all times when the dead animals not slaughtered for human food shall first apply to
slaughterhouse is in use, with sufficient refrigeration to the [Director of Licenses and Pen-nits] Commissioner of Permit
maintain in the cooler a temperature of not to exceed thirty-eight and Inspection Services for a license to conduct such
degrees Fahrenheit (38' F.). business. The [Director] Commissioner may require a written
§ 391-9. Sanitation. application thereof, duly verified, giving such information
In each slaughterhouse there shall be maintained a manure box concerning the location, the character of such proposed
of some nonabsorbent materials, with a tight-fitting cover and business, the facilities for conducting it and other details which
sewer connection. All receptacles used in the handling of meat he deems necessary. If the [Director of Licenses and Permits]
or meat products or for blood entrails, offal or waste matter of Commissioner of Permit and Inspection Services is satisfied
any kind shall be of nonabsorbent materials, and when entrails, that the proposed business will conform to the laws of the State
offal or waste matter are contained therein shall be kept tightly of
covered. The manure box and all receptacles shall be emptied New York and the Code of the City of Buffalo, he shall issue a
and cleaned at the close of each day that a deposit is made license therefor, the fee for which shall be as provided in
therein, and from all yards, pens or compartments all deposits Chapter 175, Fees, which license, unless sooner revoked, shall
of matter shall be removed at the close of each day that the expire June 30 of each year.
same are used. The floor of each room in the slaughterhouse It is hereby certified, pursuant to Section 3-19 of the Charter,
shall be swept at the close of each day the room is used, and that the immediate passage of the foregoing ordinance is
the floor and walls to the height of six (6) feet from the floor of necessary.
each room used for killing or dressing shall be flushed and all APPROVED AS TO FORM
matter removed therefrom at the close of each day that the Corporation Counsel
room is used. Each slaughterhouse shall be provided with NOTE: Matter in brackets to be deleted; matter underlined is
sufficient wire screens for windows and doors to keep the new.
house at all times free from flies and shall be provided with a PASSED
sufficient number of receptacles for expectoration, which AYES - 12 NOES - 0
receptacles shall be cleaned and disinfected at least once in
every twenty-four (24) hours. Each slaughterhouse shall be NO. 205
provided with suitable, convenient and separate water closets BY: MR. FONTANA
for each sex, and also suitable and convenient sinks, each with ORDINANCE AMENDMENT
running water for washing, in the proportion of one (1) water CHAPTER 437 - TAXICABS AND LIVERIES
closet and one (1) sink for every fifteen (15) persons or fraction The Common Council of the City of Buffalo does hereby ordain
thereof employed, Each water closet compartment shall be as follows:
thoroughly ventilated, and no water closet shall open into any That Chapter 437 of the Code of the City of Buffalo be
room where animals are killed or the product thereof prepared amended to read as follows:
or kept. No dog shall be allowed to run at large upon any § 437-1. Findings and limitation on number of taxicab licenses.
premises or in any building used as a slaughterhouse. Each A. It is hereby found and declared that the taxicab
slaughterhouse must be kept at all times clean and wholesome, business in the City of Buffalo provides an important part of the
and the odors therefrom must be destroyed by some effective transportation facilities of said city and the service rendered by
means and according to the best and most approved said
processes, and everything preceding, following and in business is a matter of public concern and interest.
connection with the slaughtering of animals and the preparation B. A study and survey of the business points to the
of the products thereof must be free from all offensive conclusion that the public cannot properly be served and the
conditions or cause of detriment to the public health. business itself cannot operate in an orderly and appropriate
§ 391-10. Conduct of employees. manner without regulation of the business and the
A. No person shall expectorate or discharge from the human limitation by the city of the number of taxicabs using the
body or any organ thereof any matter whatsoever upon any streets.
floor or wall of any slaughterhouse or upon any article of C. Taxicabs now in use and licensed are operated
furniture or equipment or upon any animal or the product principally by fleet owners and by owners of single or
thereof within a slaughterhouse, except into comparatively few taxicabs. To preserve an equitable ratio of
receptacles provided for the purpose. taxicabs operated by the two (2) classes of owners and to
B. No person suffering from tuberculosis, ophthalmia or any prevent a monopoly of the business by a limited number of
contagious disease or any skin disease shall be employed in owners, the number of licenses which may be issued is hereby
a slaughterhouse in the killing of animals or the handling or fixed as follows:
preparation of the meat or meat products thereof. (1) To fleet operators: two hundred twelve (212).
§ 3 9 1 -11. Inspection of food products. (2) To individual operators: one hundred sixty-three
It shall be the duty of any owners of a slaughterhouse, butcher (163).
shop, grocery, drugstore or any other place where food or liquid D. If a fleet operator sells any of his licensed taxicabs to
of any kind is kept for human consumption to allow access to an individual operator, the number of licensed taxicabs
the inspectors for the purpose of inspecting the same. assigned hereinbefore to fleet operators shall be deemed
§ 391-12. Rendering of dead animals. reduced accordingly
A. The rendering of dead animals is hereby declared to and the number of licensed taxicabs hereinbefore assigned to
be unlawful and is prohibited within the City of Buffalo, except individual operators shall be increased accordingly. However,
as hereinafter provided. This provision shall not apply to the no such sale shall be permitted unless such sale is
recommended by the [Commissioner of Inspections and TAXICAB -- A passenger automobile with a seating capacity
Licenses] Commissioner of Permit and Inspection Services in the interior thereof for seven (7) or fewer passengers,
and approved by the Common Council. operated for the purpose of transporting persons for hire from
§ 437-2. Findings and limitation on number of livery licenses. points of origin within the City of Buffalo which either: cruises
A. It is hereby found and declared that the livery the streets of the City of Buffalo for the purpose of securing
business in the City of Buffalo provides an important part of the passengers; or receives calls from individuals or from
transportation facilities of said city and the service rendered by dispatchers for the purpose of transporting passengers for hire;
said business is a matter of public concern and interest. or is parked in a space as provided for in § 437-19 of this
B. Months of discussions, public hearings and chapter.
investigation lead to the conclusion that the operation of liveries TAXIMETER -- A mechanical instrument or device by which
must be regulated to protect the interests of the public. To the charge for hire of a taxicab or livery may be mechanically
enable both livery and taxicab businesses to operate in an calculated either for the distance traveled or waiting time, or
orderly manner, there must be a limitation by the city of the both, and upon which such charge is indicated by means of
number of livery cars using the city streets. The number of figures.
livery licenses in effect at any one (1) time shall not exceed § 437-4. License required.
three hundred fifty (350). No person shall use any motor vehicle in the conduct of a
C. Liveries are principally owned by fleet owners and by taxicab or livery business unless a license therefor issued by
owners of single or comparatively few livery cars. To maintain the [Director of Licenses and Permits] Commissioner of Permit
an equitable ratio of liveries operated by the two (2) classes of and lnspection Services is in full force and effect.
owners and to prevent a monopoly of the business by a limited § 437-5. Taximeter required.
number of owners, the number of licenses which may be No taxicab or livery shall be licensed unless the same is
issued is hereby fixed as follows: equipped with a taximeter of approved design and in good
(1) To fleet operators: two hundred (200). working order.
(2) To individual operators: one hundred fifty (15 0). § 437-6. License application and issuance; conditions.
D. If a fleet operator sells any of his licensed livenies to an A. Application for a taxicab or livery license shall be
individual operator, the number of licensed liveries assigned made to the [Director of Licenses and Permits] Commissioner
hereinbefore to fleet operators shall be deemed reduced of Permit and Inspection Services by the owner, in writing, duly
accordingly and the number of licensed liveries hereinbefore sworn to, upon forms to be furnished by [said Director] the
assigned to individual operators shall be Commissioner of Permit-and Inspection Services, and shall
increased accordingly. However, no such sale shall be show the owner's name and address, the motor number and
permitted unless such sale is recommended by the make of the vehicle, the year manufactured, the New York
[Commissioner of Inspections and Licenses] Commissioner of State license number attached thereto, the size of the tires
Permit and Inspection Services and approved by the Common used and the make, type and number or other descriptive
Council. designation of the taximeter, together with an accurate and
§ 437-3. Definitions. complete statement of the color of said taxicab or livery and, if
As used in this chapter, the following terms shall have the more than one color, a description of the color design thereof
meanings indicated: An application for a livery license shall indicate if said vehicle
COMMISSIONER -- The Commissioner of Police of the City operates through a dispatcher and, if so, the identification of
of Buffalo. said dispatcher service. The [Director of Licenses and Permits]
[DIRECTOR -- The Director of Licenses and Permits of said Commissioner of Permit and Inspection Services may require
city.] such further information as he deems necessary.
DISPATCHER -- An individual or individuals who operate B. The [Director of Licenses and Pen-nits]
pursuant to federal law governing communications on two-way Commissioner of Permit and Inspection Services shall cause
radios and dispatch various liveries and/or taxicabs to locations the motor vehicle described in the application to be inspected
pursuant to requests by potential passengers. and the taximeter attached thereto to be tested. If the motor
DRIVER -- A person licensed to drive a taxicab or livery in the vehicle is found to be clean and in proper condition for the safe
City of Buffalo. transportation of passengers and the taximeter attached
FLEET OPERATOR -- A person, firm or corporation owning thereto, upon test, is found to register correctly, the [Director of
and operating five (5) or more taxicabs or liveries. Licenses and Permits] Commissioner of Permit and Inspection
INDIVIDUAL OPERATOR -- A person, firm or corporation Services shall issue a license for such vehicle, and the
owning and operating fewer than five (5) taxicabs or liveries. taximeter attached thereto shall be sealed.
LIVERY -- A passenger automobile with an interior seating The owner of any licensed taxicab or livery shall securely affix
capacity for seven (7) or fewer passengers which transports to such licensed taxicab or livery on the outside thereof at the
fares for hire. However, a livery service shall not secure rear of the vehicle, in a conspicuous place, a metal plate,
business by cruising the streets or by soliciting fares in public showing the number assigned to such taxicab or livery. The
places. A "livery" may have the word "livery" and the name of licensing of such vehicle should be subject, however, to the
the owner or company on the vehicle. A "livery" shall not, following conditions:
however, have placed upon it a dome light or other lights (1) If it shall appear that the color design stated in the
located on the roof of the vehicle or the words "taxi," "taxicab" application for the license of any taxicab or livery, if said taxicab
or words of similar import or any other distinctive or unusual or livery is of more than one color, or if it appears at any time,
equipment, device, design, color, numbers or lettering liable to upon inspection of any taxicab or livery, that the color design
deceive the public that such a vehicle is a taxicab. thereof is so similar to the color design of other taxicabs or
OAANER -- Includes any person, firm, corporation or liveries as to be liable to deceive the public, then the [Director
association owning and operating one (1) or more taxicabs or of Licenses and Permits] Commissioner of Permit and
liveries. Inspection Services is authorized to withhold a license to said
OWNER DRIVER -- A person who owns a taxicab or livery applicant or to revoke or suspend the license thereof until the
and dnives his own vehicle exclusively. color design of said taxicab or livery has been changed or
PERSON -- Includes individuals, firms and corporations. altered so as not to resemble the color design of any other
taxicab or livery operated under separate ownership and so as
not to deceive the public. Any applicant for a license for a substance in such a fashion as to prevent a passenger from
taxicab or livery of more than one color shall be entitled to use reaching the driver of said taxicab or livery.
the color design thereof, provided that such applicant B. Said partition shall be constructed of an optically
establishes to the satisfaction of the [Director of Licenses and clear, shatterproof substance and designed in a way which will
Permits] Commissioner of Permit and Inspection Services that afford the driver complete rearview vision.
such applicant was using said color design upon his taxicab or C. Said partition shall also be so designed so that the
livery at the time of the enactment of this chapter and was the driver can collect fares without leaving the vehicle.
first to continuously use said design in the City of Buffalo or, in D. Said partition shall also be installed so as not to
case of a new design, that the same is not being used by any cause any added reflections.
taxicab or livery owner. After being licensed, no color design of E. All edges or parts of said partition are to be smooth
any taxicab or livery shall be changed without the written to afford maximum safeguards to passengers.
approval of the [Director of Licenses and Permits] § 437-8. Renewal and surrender of license.
Commissioner of Permit and Inspection Services. A. The holder of a taxicab or livery license shall be
(2) An owner who drives his own cab or livery permitted to renew the same annually, provided that all
exclusively may place the words "owner driver" on the outside ordinance provisions relating thereto are complied with and the
of the front doors thereof immediately below the windows in application for such renewal is filed with the [Director of
letters contrasting strongly with the color of the vehicle, not less Licenses and Permits] Commissioner of Permit and Inspection
than two inches high. However, taxicabs or liveries so marked Services not later than May 1 of each year. The motor vehicle
must be operated by no one other than the licensed owner, to be used must be presented for inspection as provided in §
under penalty of having the license suspended or revoked. 437-7 of this chapter. If the application for renewal is not made
(3) No person shall drive or operate upon the streets of within said time, the bolder will be deemed to have abandoned
the city any passenger automobile with a seating capacity in the said license, and a license in place thereof may be issued to
interior thereof for seven or fewer passengers and registered another applicant as hereinafter provided.
as an omnibus by the State of New York, while such vehicle B. The holder of a taxicab or livery license may
has a taximeter or unusual or distinctive equipment, device, voluntarily surrender the same to the [Director of Licenses and
design, color, numbers or lettering liable to deceive the public Permits] Commissioner of Permit and Inspection. Services at
that such vehicle is a licensed taxicab or livery as above any time.
provided, unless such vehicle is duly licensed under this C. If a taxicab or livery license issued to a fleet operator
section. A livery shall not have a dome light or other lights is abandoned or surrendered by the older or revoked by the
located on the roof of the vehicle or the words "taxi," "taxicab" [Director of Licenses and Permits] Commissioner of Permit and
or words of similar import on the vehicle. Inspection Services, a license in place thereof may be issued
(4) The mileage rates fixed by this chapter shall be only to a fleet operator, except as hereinafter provided; and,
displayed on each taxicab and livery so as to be readily visible similarly, if a taxicab or livery license issued to an individual
to passengers entering the vehicle. The rates shall be painted operator is abandoned or surrendered by the holder or revoked
in a contrasting color on both rear doors of all licensed taxicabs by the [Director of Licenses and Permits] Commissioner of
and liveries in letters and figures which shall be not less than Permit and Inspection Services, a license in place thereof may
3/8 of an inch in height. be issued only to an individual operator whose total taxicab or
(5) A taxicab or livery may have illuminated advertising livery licenses will not be increased to more than four (4)
billboards, placards or similar devices, no larger than 18 inches thereby or to a new applicant who will be an individual operator.
high by four feet six inches long, attached securely to the roof D. In case of the disuse for a taxicab or livery purposes
or trunk of the vehicle, not to exceed the length or width of such of any licensed taxicab or livery, the holder of the license may
roof or trunk. The advertising displayed upon livery vehicles have the same transferred to another vehicle with the approval
shall not include the words "taxi" or "taxicab" or words of similar of the [Director of Licenses] Commissioner of Permit and
import. Inspection Services and the payment of a transfer fee as
C. No person shall be entitled to or receive a license for provided in Chapter 175, Fees.
a taxicab or livery by reason of having been previously E. A fleet operator, any of whose taxicab or livery licenses are
convicted of one or more criminal offenses, or by reason of a abandoned, surrendered or revoked so that the number of his
finding of lack of good moral character when such reason is licenses remaining in force are less than five (5) in number,
based upon the fact that the applicant has previously been shall thereupon become an individual operator.
convicted of one or more criminal offenses, unless: (a) there is F. Any person not now holding a taxicab or livery license
a direct relationship between one or more of the previous desiring to secure a license may annually register his name for
criminal offenses and the personal transportation for hire such purpose with the [Director of Licenses and Permits]
industry; or (b) the issuance of the license would involve an .Commissioner of Permit and Inspection Services upon
unreasonable risk to property or to the safety or welfare of payment of a registration fee as provided
specific individuals or the general public. in Chapter 175, Fees. A taxicab or livery license may be issued
§ 437-7. Partitions. to the applicants so registered in the order of registration in
The City of Buffalo recognizes the value of partitions placed place of any license which is abandoned, surrendered or
between the front and rear seats of taxicabs and liveries for hire revoked; and in case two (2) or more such persons
and encourages the use of the same. In the event that said were registered on the same day, such licenses shall be
partitions are used within the city, the following rules regarding awarded to them by lot; provided, however, that the total
construction, design and placement shall control: number of taxicab or livery licenses held by fleet operators shall
A. Said partition shall be framed totally with metal, not be increased by such award.
which frame shall be firmly secured to the center post on each G. In case of the sale of a licensed taxicab or livery, the
side of the vehicle so that not more than two (2) inches of license therefor may be transferred to the new owner if he
space remains between the center post and frame nor more complies with all ordinance requirements and the number of
than two (2) inches between the frame and the roof In addition taxicab or livery licenses held by fleet operators is not
to the above, the space between the seat and center post, increased thereby.
extending from the top of the seat to the floor on the § 437-9. Driver's license; record of trips; identification on cards.
driver's side of the vehicle, is to be covered by a shatterproof
A. Any person who desires to act as a driver of a § 437-11. Revocation and suspension of license.
taxicab or livery shall make written application to the [Director of Any license issued by the [Director of Licenses and Permits]
Licenses and Permits] Commissioner of Permit and Inspection Commissioner of Permit and Inspection Services may be
Services for a taxicab or livery driver's license, furnishing in revoked or suspended by him for cause.
such application the information § 437-12. Fees.
required by the [Director of Licenses and Permits] A. The fee for a taxicab license and for a taxicab
Commissioner of Permit and Inspection Services, including but driver's license, including identification card, shall be as
not limited to the person's correct address, phone number and provided in Chapter 175, Fees. The fee for a livery license and
proof of motor vehicle liability insurance coverage currently in for a livery driver's license, including identification card, shall be
effect and in the amounts prescribed by New York State for as provided in Chapter 175, Fees. Each such license shall
omnibus vehicles. Any change in the information provided must expire on the first day of May annually.
be reported to the [Director of Licenses and Permits] B. There shall also be paid to the city at the office of the
Commissioner of Permit and Inspection Services within ten [Director of Licenses and Permits] Commissioner of Permit and
(10) days after the change occurs. Any person applying for a Inspection Services, upon the issuance of a duplicate
taxicab or livery driver's license must hold a valid chauffeur's identification
license issued by the State of New York and must reside within card to replace a lost, stolen, destroyed or
the County of Erie. The [Director of Licenses and Permits] misplaced card, the sum as provided in Chapter 175,
Commissioner of Permit and Inspection Services shall issue to Fees.
each licensed taxicab or livery driver a badge showing the C. All fees and moneys received by the [Director of
number assigned to such driver; and the badge, conspicuously Licenses and Permits] Commissioner of Permit and Inspection
displayed, shall be worn by such driver at all times when on Services shall be transmitted to the office of the [Treasurer]
duty. Such badge shall remain the property of the City of Director of the Treasury of the city for deposit therein in
Buffalo and shall be surrendered upon the expiration or accordance with regulations established by the Comptroller.
revocation of the driver's license. § 437-13. Taximeter.
B. Each driver's license shall provide a space wherein A. No person shall use or pen-nit to be used on any
the Department of Police shall enter a record of all accidents of taxicab or livery a taximeter which shall be in such condition as
any nature and retain a record thereof Such record shall be to be more than five percent (5%) incorrect to the prejudice of a
given consideration in relation to the renewal, suspension or passenger. No taximeter affixed to any taxicab or livery shall be
revocation of the driver's license. The erasure or obliteration of operated from either rear wheel of such vehicle. Between
any official entry relating to accidents made upon a driver's sunset and sunrise, the face of every taximeter shall be
license shall be sufficient cause for suspension or revocation of illuminated by a suitable light so arranged so as to throw a
such license. continuous steady light thereon and render the figures
C. It shall be the duty of each driver to keep a record, upon on such taximeter readily discernible by any passenger. No
forms approved by the [Director of Licenses and Permits] person shall use or permit to be used a taximeter on which the
Commissioner of Permit and Inspection Services, of all trips seal placed by the [Director of Licenses and Permits]
made and to file the same with the owner of the taxicab or Commissioner of Permit and Inspection Services has been
livery, and such record shall be preserved for at least sixty (60) broken nor unless its cover and gears are intact.
days. B. It shall be unlawful to change the size of the front
D. At the time of the issuance of the driver's license wheels or tires of a taxicab or livery or the gears operating the
herein provided for, the [Director of Licenses and Permits] taximeter or to change said instrument from one vehicle to
Commissioner of Permit and Inspection Services shall issue to another without a reinspection and approval of the [Director of
each licensed driver an identification card containing the Licenses and Permits] Commissioner of Permit and Inspection
driver's license number and his name and address and shall Services.
provide space for a small photograph of said licensed driver. § 437-14. Rates and charges.
Said driver shall provide the [Director of Licenses and Permits] A. No person shall charge a greater sum for the use of
Commissioner of Pen-nit and lnspection Services with two (2) a taxicab or livery than in accordance with the following rates:
copies of said small photograph, one (1) to be affixed to said (1) Hourly rates: $21 per hour for one or more
identification card. Said identification card shall be carried in a passengers.
suitable frame furnished by the city through the [Division of (2) Mileage rates: $2.30 for the first 1/6 mile or less;
Licenses and Permits] Department of Permit and Inspection $0.35 for each additional 1/6 mile or less; $0.35 for each one
Services and shall be minute of waiting time, including time lost in traffic delays.
hung in the passenger compartment in the rear of the taxicab Upon producing certification issued by the Mayor's office as to
or livery, together with a card showing the rates of fare, at all senior citizen status, persons shall be entitled to a ten-percent
times while said driver is on duty. Said identification card and reduction in the amount of the fare.
rate card shall be visible to any passenger riding in said (3) Hand baggage: free.
vehicle, shall be so placed as to be readable by any passenger (4) Trunks: $1 each.
and shall have light shining on the same at night. The kind and (5) Large boxes: $1 each.
size of said cards, the writing thereon and the placing and B. No additional or extra charge shall be made for
illumination of said cards shall be approved by the carrying more than one passenger, but all passengers up to the
[Director of Licenses and Permits] Commissioner of Permit seating capacity of the vehicle shall be carried for the same
and Inspection Services. fare as that above prescribed for one passenger.
§ 437-10. Transferability of licenses. C. Upon demand, the driver of a taxicab or livery shall
No taxicab or livery driver's license shall be assigned from one furnish to the passenger a receipt for the fare paid, showing the
person to another. No taxicab or livery license shall be name and badge number of the driver.
assigned from one person to another, and no plate attached to D. All disputes as to the lawful rate of fare shall be
a taxicab or livery by the [Director of Licenses and Permits] determined by the police officer in charge of the police station
Commissioner of Permit and Inspection Services shall be nearest to the place where the dispute arises or occurs; and a
transferred from one vehicle to another except as otherwise failure to comply with such determination, provided that it
herein permitted.
be in accordance with the rate herein fixed, shall be a violation taxicabs may stand while awaiting employment, but the use of
of this chapter. such stands shall be subject at all times to the orders of said
E. The rate charged in the City of Buffalo shall be Commissioner.
subject to review and renewal by the Common Council after a C. No owner or operator of any livery shall occupy with
period of one year from the effective date of such rate change. such vehicle for the purpose of securing passengers any area
During that one-year period, taxicab and livery service providers designated by this section as a taxi stand nor any other place or
shall work with the Common Council on improving the quality of stand on any public street; except that liveries, if not otherwise
service in the City of Buffalo. The amount of improvement and in violation of parking or standing ordinances, may stand on
extent of cooperation by the taxicab and livery service providers such main thoroughfares as are listed in Chapter 479, § 479-4,
may be considered in the decision to renew the rate for an of the Code while awaiting further direction from the radio
additional period of time. dispatcher of their employer.
F. Effective August 1, 2000, a person may charge a D. Nothing herein contained shall be construed as
temporary gasoline surcharge of $0.50 on each fare for a prohibiting the temporary occupation of any street in the vicinity
period of nine months, expiring on April 30, 2001. of hotels, theaters and places of public entertainment by any
§ 437-15. Reduced rates. taxicab while actually engaged by one (1) or more passengers;
Any person desiring to charge rates less than the rates provided, however, that, in such case, the vehicle and its
stated in § 437-14 shall be permitted to do so; but before operator shall be subject at all times to the orders of the police.
charging such lesser rates, the schedule to be charged shall E. For the purpose of finding a vacant taxicab stand in
be filed with the [Director of Licenses and Pen-nits] which to await business or in proceeding to a definite location,
Commissioner of Pen-nit and Inspection Services and the a taxicab driver shall proceed with the general flow of traffic and
Commissioner of Police fifteen (15) days before such rates are shall not obstruct traffic by slow driving or dilatory tactics and
put into effect, and a copy of such rates shall be prominently shall not, for said purposes, frequently drive around
displayed in each vehicle in which such rates are to be substantially the same blocks or area. No taxicab driver shall
charged. resort to any practice or manner of driving which unnecessarily
§ 437-16. Excess rates prohibited. will add to or tend to cause traffic congestion.
No person shall charge for taxicab or livery service rates F. No owner or operator of any livery shall secure
higher than the rates permitted by § 437-14; and in case lesser business by cruising the city streets or by soliciting fares in
rates are filed with the [Director of Licenses and Permits] public places. In proceeding to a definite location, a livery driver
Commissioner of Permit and Inspection Services and the shall proceed with the general flow of traffic and shall not
Commissioner of Police, any person who charges greater rates obstruct traffic by slow driving or dilatory tactics and shall not
than the rates so filed for taxicab or livery service in vehicles to frequently drive around substantially the same blocks or area.
which such advertised rates apply shall be guilty of a violation No livery driver shall resort to any practice or manner of driving
of this chapter. which unnecessarily will add to or tend to cause traffic
§ 437-17. Rates to be displayed. congestion.
A. A card giving the maximum rates allowed to be G. Where a taxicab stand is located in an area regulated by an
charged by this chapter, printed in English, shall be furnished ordinance prohibiting parking or standing during certain
by the [Director of Licenses and Permits] Commissioner of periods, no operator of a taxicab or other vehicle shall permit
Permit and Inspection Services and displayed in each taxicab the same to remain parked or standing in violation of such
or livery; except where a lower schedule of rates is filed by parking or standing ordinances.
the owner of any taxicab or livery, such owner shall furnish at § 437-20. Penalties for offenses.
his own expense and display at all times in the vehicle to which A. Except as herein otherwise specifically provided,
such rates apply a card printed in the above mentioned every person who shall in any manner violate any of the
language showing such lower rates. Such cards, before being provisions of this chapter or who shall charge, take or receive
used, shall be approved as to design and size of type used by or attempt to charge, take or receive any greater rate or rates of
the [Director of Licenses and Permits] Commissioner of Permit fare or charges than those prescribed by this chapter or who
and Inspection Services. shall fail to do any act required by this chapter to be done by
B. No taxicab or livery shall be operated without the rates of him shall be liable to a fine or penalty of not more than one
fare applicable thereto being prominently displayed therein. Any thousand five hundred dollars ($1,500.) or to imprisonment for
false, misleading or incomplete statement or sign relating to the not more than fifteen (15) days, or to both such fine and
rate of fare charged, displayed either on the inside or the imprisonment, for each offense.
outside of any taxicab or livery, shall be a violation of this B. In addition to the fines and penalties herein fixed, the
chapter. [Director of Licenses and Permits] Commissioner of Permit and
§ 437-18. Solicitation of passengers. Inspection Services may, for cause, revoke any license issued
No taxicab driver shall solicit passengers on any street or hereunder, in accordance with the Charter of the city.
taxicab and at a greater distance than twenty (20) feet from § 437-21. Exceptions.
his taxicab. The provisions of this chapter shall have no application to
§ 437-19. Taxi stands. vehicles while in use at funerals, christenings or weddings.
A. The following are hereby designated as places It is hereby certified, pursuant to Section 3-19 of the Charter,
where taxicabs may stand while awaiting employment: that the immediate passage of the foregoing ordinance is
B. No owner or operator of any taxicab shall occupy necessary.
with such vehicle for the purpose of securing passengers any APPROVED AS TO FORM
other place or stand on any public street or place than those Corporation Counsel
above designated, except that radio-dispatched taxicabs, if not NOTE: Matter in brackets to be deleted; matter underlined is
otherwise in violation of parking or standing ordinances, may new.
stand on such main thoroughfares as are listed in Chapter 479, PASSED
§ 479-4, of the Code while awaiting employment or further AYES - 12 NOES - 0
direction from the radio dispatcher of their employer; except
that, to meet special conditions, the Commissioner of Police is NO. 206
hereby authorized to designate additional places where BY: MR. FONTANA
ORDINANCE AMENDMENT E. No facility, or any portion thereof, shall be placed
CHAPTER 441 - TELEPHONE FACILITIES closer than eighteen (18) inches to the curb.
The Common Council of the City of Buffalo does hereby F. No license shall be issued for the placement of a
ordain as follows: facility in a park or parkway without prior approval of the
That Chapter 441 of the Code of the City of Buffalo be Commissioner of Parks.
amended to read as follows: G. No facility shall be placed or used on or in any street
§ 441-1. Compliance required. or public ground in such a manner as to obstruct or interfere
No person, including an individual, firm, partnership, with any owner's easement of access to any premises abutting
copartnership, corporation, receiver, association, executor, upon or near the location of such facility, nor shall any such
administrator, trustee, guardian or agent, shall place, maintain facility or the wiring or appurtenances attached thereto be
or operate on the streets, public grounds or on the city permitted to become or be a nuisance or hazard to uses of the
right-of-way such public/private telephone facilities until a public streets and public grounds or permitted to obstruct the
license has been issued in accordance with the regulations vision of motorists at street intersections.
hereinafter set forth. For purposes of this chapter, a telephone H. Each facility shall be maintained in a safe and clean
facility shall be considered on the streets, public grounds and condition and manner, and the telephone installation(s)
city right-of-way if any portion of the facility or its enclosure is attached thereto shall be kept in a workable condition.
situated on or projects or hangs over the city right-of-way or the 1. Any license granted hereunder shall be according to
facility is so situated that it can be used by a person standing an established form and shall be regularly numbered and duly
on a city right-of-way, including streets, sidewalks and public registered and shall state the number of telephones authorized
grounds. at a facility and contain such conditions as are reasonable and
§ 441-2. Licenses; conditions. proper, including conditions with respect to removal of such
The Director- of License Commissioner of Permit and facility or any telephone attached thereto. These licenses shall
Inspection Services may issue a license to place and maintain continue in effect until revoked by the Director- of Housing
coin-operated facilities containing coin-operated telephones in and Inspections Commissioner of Permit and Inspection
the city right-of-way, including the air space of and within the Services or until the telephone facility is ordered removed, or is
sidewalk space of the streets or at public places in the city not in compliance with the special features designed to reduce
upon the following conditions: criminal activity, as directed by the Common Council pursuant
A. No telephone facility may be placed or maintained in to § 441-4 of this chapter.
any district zoned RI or R2, nor shall a license be issued for J. No license shall be issued nor any telephone facility
placement of any such facility on a street in an R District installed until the licensee, as a prior condition to the issuance
unless written consent of the owners of all property of any license hereunder, enters into an agreement with the
fronting on both sides of such street is filed with the application City of Buffalo providing for, among other things, provisions for
for the placement of said facility for a distance of four hundred payment of commissions by the licensee to the city, and
(400) feet on each side of the proposed location. provisions for liability insurance for the protection of the city,
B. Such outdoor telephone facility shall be approved as indemnifying and holding the city harmless from and against
to design and color by the Division of Engineering. No facility any loss, liability, damage, expense, claim, lien, proceeding or
shall have any lettering, pictorial matter or advertising material action arising out of or caused by the licensing, placement,
display thereon or attached thereto other than the word location, operation, use, construction and removal of any such
"telephone(s)" in letters three (3) inches high. Such facility shall outdoor telephone facility, attachments or appurtenances
be constructed in accordance with specifications approved by thereto.
the Division of Engineering, including the requirement that each § 441-3. Penalties for offenses.
facility shall post the phone owner's name and the Any violation of this chapter shall be punishable by a fine or
PSC-required complaint telephone number, and each facility penalty of not more than one thousand five hundred dollars
shall contain a com operated telephone(s), in good working ($1,500.) or by imprisonment for not more than fifteen (15)
order with an instruction card(s), a shelf and a directory(ies) days, or by both such fine and imprisonment, for each offense,
and/or a toll free information number(s). in addition to other penalties, including restitution and removal
C. A survey, certified by a New York State licensed of telephone facilities placed in violation of this chapter, as may
surveyor, of the location of a proposed facility and a description be deemed appropriate by a court of competent jurisdiction.
of the necessary wiring at such location and placement must § 441-4. Common Council approval required.
be approved by the Commissioner of Public Works before the After the effective date of this section, no telephone facility
issuance of a license, which is to be approved by the Director- shall be placed, maintained or operated on the streets, public
of Housing and inspections Commissioner of Permit and grounds or on the city right-of-way unless the telephone facility
Inspection Services. The annual license fee shall be as is individually approved by the Common Council. The Common
provided in Chapter 175, Fees, and such license shall expire Council may authorize and direct the approval or denial of such
on January I of each year. The Director- of Housing and telephone facility based on its effect on the public health,
inspections Commissioner of Permit and Inspection Services safety, aesthetics or general welfare. As a condition to any
may revoke any such license at any time for a violation of any approval, the Common Council may require telephone facilities
ordinance or regulation pertaining to the maintenance of said to have special features designed to reduce criminal activity,
facility. It shall be the duty of the licensee or owner of the including but not limited to restrictions on hours of operation
facility, upon five (5) days' written notice from the Director- of and access to cellular phones and paging devices. Subsequent
Housing and Inspections- Commissioner of Permit and to any approval, the Common Council may order the removal or
Inspection Services to said licensee or owner, to immediately direct the use of special features designed to reduce criminal
remove such facility and equipment and replace the street or activity of a particular telephone facility that is on the streets,
public place in a safe condition as approved by the public grounds or city right-of-way as defined in this chapter
Commissioner of Public Works. after a determination that use of the telephone facility has a
D. An annual fee, as provided in Chapter 175, Fees, deleterious impact on the surrounding neighborhood or
shall be charged per each telephone installed within a otherwise negatively affects public health, safety, aesthetics or
telephone facility for which a license has been granted general welfare. Any telephone facility that is not removed or is
pursuant hereto. not in compliance with special features designed to reduce
criminal activity within fourteen (14) days after the Common sufficient surety or sureties in the amount so fixed conditioned
Council's directive shall be subject to immediate removal by the that such person or corporation will make a full and complete
city at the owner's expense. report of the gross amount of sales made in such transient
It is hereby certified, pursuant to Section 3-19 of the Charter, retail business in the City of Buffalo and will comply in good
that the immediate passage of the foregoing ordinance is faith with the provisions of the General Municipal Law in
necessary. relation to the taxation of transient retail merchants and with the
APPROVED AS TO FORM provisions of this Article and that he or it will pay the amount of
NOTE: Matter in bold to be deleted; matter underlined is new. tax fixed. Said bond shall be approved by the
Corporation Counsel as to for in and by the Comptroller as to
PASSED
sufficiency.
AYES - 12 NOES - 0
§ 463-5. Issuance, contents and transferability of permit.
Upon the filing of the bond herein required, the Director of
NO. 207
Licenses and Permits Commissioner of Permit and
BY: MR. FONTANA
Inspection Services may issue a permit to the applicant to
ORDINANCE AMENDMENT
conduct said business. Said permit shall contain the name of
CHAPTER 463 - TRANSIENT BUSINESSES; TRADE
the applicant, the location where said business is to be
SHOWS AND FESTIVALS
conducted, the name of the person to be in immediate charge
The Common Council of the City of Buffalo does hereby
thereof and the date on which said permit shall expire. Said
ordain as follows:
permit shall not be transferable.
That Chapter 463 of the Code of the City of Buffalo be
§ 463-6. Report of inventory.
amended to read as follows:
The person or corporation receiving such permit shall,
ARTICLE 1, Transient Businesses
before the beginning or continuation of said business, file with
§ 463-1. Imposition of tax.
the Director of Licenses and Permits Commissioner of
A. A tax is hereby levied upon all persons and
Pen-nit and Inspection Services a verified report of the stock on
corporations now or hereafter conducting a transient retail
hand, and the aggregate value thereof, with which it is intended
business in the City of Buffalo.
to conduct said business and shall thereafter, as further stock
B. Such tax shall be computed in the manner and at the
is received, within two (2) days after the receipt thereof, file a
rate specified in the General Municipal Law of the State of New
verified report with the Director- of Licenses and Permits
York. Said tax shall be due and payable immediately upon the
Commissioner of Permit and Inspection Services of such
expiration of the permit hereinafter mentioned and immediately
added stock and of the aggregate value thereof and shall, on
upon the completion of said business if the same is completed
Monday of each week, file a verified report of the stock sold
prior to the expiration of said permit.
during the preceding week and of the amount for which the
§ 463-2. Definitions.
same was sold and, at the completion of such transient
As used in this Article, the following terms shall have the
business, shall file a verified report setting forth the total
meanings indicated:
amount of stock sold and the total amount for which it was sold.
TRANSIENT BUSINESS -- One conducted in a store, hotel,
ARTICLE 11, Trade Shows, Exhibitions and Festivals
house, building or structure for the sale at retail of goods,
§ 463-7. Effect of other provisions; permits.
wares and merchandise, except food products, and which is
A. The provisions of Article I of this chapter shall not
intended to be conducted for a temporary period of time and not
apply to any person, firm, organization or corporation
permanently and does not have its home offices within the
conducting or sponsoring a promotion commonly known as a
boundaries of the City of Buffalo.
"trade
§ 463-3. Application for pen-nit.
show," "trade exhibition," "art festival" or other festival at which,
Any person or corporation desiring to conduct or to continue
as an added attraction or inducement to the success of said
to conduct a transient retail business in the city shall present to
show, exhibition or festival, exhibitors are encouraged to rent or
the Director- of Licenses and Permits Commissioner of
lease stalls for the purpose of selling to the general public
Permit and Inspection Services a verified petition stating:
parts, equipment, art, crafts or other products that are generally
A. The name and permanent address of the person or
related to the themes of said show, festival or exhibition.
corporation desiring to conduct such business.
B. Each such exhibitor or person having a stall shall
B. The place where and the time during which said
obtain a permit from the Director- of Licenses and Permits
business is to be conducted.
Commissioner of Permit and Inspection Services upon the
C. The name and local address of the person to be in
payment of a fee as provided in Chapter 175, Fees.
immediate charge of said business.
C. Said permit shall contain the name of the applicant,
D. The character of the merchandise to be dealt in.
the location of the event, the name of the person to be in
E. The estimated amount of the gross sales which will
immediate charge thereof and the date on which said permit
be made.
shall expire.
§ 463-4. Bond required.
D. Said permit shall not be transferable.
A. Every person or corporation, before engaging in a transient
It is hereby certified, pursuant to Section 3-19 of the Charter,
business in the city, shall file the bond and procure the permit
that the immediate passage of the foregoing ordinance is
herein required.
necessary.
B. The Director- of Licenses and Permits
APPROVED AS TO FORM
Commissioner of Permit and Inspection Services, in granting
Corporation Counsel
permission to conduct such business, shall fix the amount of
NOTE: Matter in bold to be deleted; matter underlined is new.
the bond at not less than one hundred dollars ($ 100.) nor more
PASSED
than one thousand dollars ($ 1,000.), to be furnished by the
AYES - 12 NOES - 0
applicant.
C. Each applicant, before receiving a permit to conduct
NO. 208
such business, shall file with the Director- of Licenses and
BY: MR. FONTANA
Permits Commissioner of Permit and Inspection Services a
ORDINANCE AMENDMENT
bond with a
CHAPTER 483 - VENDING MACHINES
The Common Council of the City of Buffalo does hereby (1) The name, birth date, residence and business
ordain as follows: address of the applicant, if an individual; if a partnership, the
That Chapter 463 of the Code of the City of Buffalo be names, birth dates, residences and business addresses of
amended to read as follows: each partner; if a corporation, the name, date of incorporation
ARTICLE 1, Machines on Premises and state under whose laws such corporation was organized,
§ 483-1. Definitions. whether authorized to do business in the State of New York
Whenever used in this chapter, the following terms shall mean and the names of the principal officers, directors and local
and include: representatives and their birth dates, residences and business
COIN-OPERATED VENDING MACHINE -- Any vending addresses.
machine which, upon the insertion of a coin, token, plate or (2) Prior convictions of the applicant if an individual, of
disc or key into any slot, crevice or other opening or by the partners if a partnership, of all officers and directors if a
payment of any price, may be operated by the public generally corporation or of any local representatives.
for the dispensing of food, drink, confections, candies, goods, (3) The minimum and maximum number of machines to
wares or merchandise or any other tangible property or the be owned, maintained, controlled, operated or leased by the
rendering of any service for profit or gain, except that no license applicant and whether available at the time of the application
hereunder shall be required for the maintenance or operation and shall contain a general description of each machine.
of- D. Each coin-operated vending machine or device,
A. Postage stamp machines. whether standing individually or on a rack or stand with
B. Machines dispensing sanitary or hygienic articles or no more than ten (10) other coin-operated machines or devices
drinking clips, towels or medicines, which machines are entirely located on the same rack or stand, shall be considered one (1)
owned and supplied by the owner or operator of the premises unit for which an annual license fee shall be required as
where installed and maintained solely for the convenience of specified in Chapter 175, Fees.
employees, visitors or customers or any other person. E. In the event that any machine is destroyed or
C. Telephones. becomes unusable and is replaced, the licensee shall, on the
D. Devices in which no more than one cent ($0.01) may ensuing March 1 or June I or September I or December I of
be inserted or deposited to operate or permit the device to each year, submit a statement to that effect to the Director
function. of Housing and inspections Commissioner of Permit and
E. Devices maintained by any corporation or Inspection Services, together with a general description of the
association or trust or community chest, fund or foundation machine that replaced the destroyed or unusable machine.
organized and operated exclusively for religious, charitable or F. No license shall be issued to any individual unless
educational purposes or for the prevention of cruelty to children he shall be twenty-one (2 1) years of age or over, nor shall a
or animals, no part of the net earnings of which inures to license be issued to any firm, partnership or association any of
the benefit of any private shareholder or individual and no whose members are minors, nor to a corporation any of whose
substantial part of the activities of which is carrying on officers, directors or majority
propaganda or otherwise attempting to influence legislation; stockholders are minors.
provided, however, that nothing in this subsection shall include G. One (1) copy of the application for a license shall be
an organization operated for the primary purpose of carrying on referred to the Commissioner of Police to investigate the
a trade or business for profit, whether or not all or part of its criminal record and activities of the applicant and shall be
profits are payable to one (1) or more organizations described returned to the Director- of Housing and Inspections
in this subsection. Commissioner of Permit and Inspection Services with his
OPERATOR -- A person, partnership, association, firm or approval or disapproval endorsed thereon.
corporation which owns a coin operated vending machine and § 483-3. Issuance of licenses.
displays, maintains or keeps for operation for public use any The Director- of Housing and inspections Commissioner
coin operated vending machine or machines on any premises of Permit and Inspection Services may, after receipt of the
in the City of Buffalo. recommendation from the Department of Police, issue a
PERSON, FIRM, PARTNERSHIP, ASSOCIATION or license in accordance with the provisions of this chapter or may
CORPORATION Includes any person, firm, partnership, deny the application for a license.
association or corporation which owns any such machine or § 483-4. License fees; expiration; increase in number of
has control over such machine or in whose place of business machines.
any such machine is placed for use by the public. A. Every applicant, before being granted a license, shall
PREMISES -- Includes any land, structure or place in the City pay an annual license fee as provided in Chapter 175, Fees.
of Buffalo. B. Every license shall expire on the first day of
PUBLIC USE -- Includes a use which is available to the public December next succeeding the date of its issuance.
generally or to employees of commercial or industrial premises C. A licensee who, after the date of his application,
or to the patrons of any premises. increases the number of machines owned, operated,
§ 483-2. License required; application for license. maintained or otherwise controlled by him beyond the number
A. It shall be unlawful, from the effective date of this specified in his original application shall, on the ensuing March
chapter, for any operator to maintain or keep for public use any I or June I or September I or December I of each year, pay an
coin-operated vending machine or device on any premises additional annual license fee for the specified number at the
without first obtaining a license therefor as herein provided. rate herein fixed.
B. Application for such license shall be made in § 483-5. Identification.
duplicate to the Director of Housing and Inspections Every vending machine shall have securely attached and
Commissioner of Permit and Inspection Services of the City of affixed thereto a decal or metal plate identifying the owner, his
Buffalo upon forms to business address and the license number issued to him by the
be supplied by said Director. Director of Housing and Inspection Commissioner of Permit
C. The application for such license shall be signed and and Inspection Services. Failure to display this license/decal
sworn to by the applicant and shall shall double the license fee. This shall be in addition to any
contain the following information: other penalty provided in the Code of the City of Buffalo or in
any other law.
§ 483-6. Transfer of license. The Commissioner of Public Works shall ensure that
When the business of a licensee is sold or transferred, the placement meets all appropriate codes and is to be placed in
license of such licensee shall be surrendered to the Director- such a manner as to not obstruct vehicular or pedestrian traffic
of Housing and inspections Commissioner of Permit and or impede the removal of ice and snow.
Inspection Services, and the purchaser or transferee shall C. Upon approval of an application under this section,
make application for a license in the same manner as an the applicant shall pay to the city the sum of one
original applicant. hundred twenty-five dollars ($125.) for a license which shall be
§ 483-7. Books and records. for a one-year period and shall be renewable annually. Upon
The licensee shall keep complete books and records at his application for renewal, applicant shall pay a fee of one
place of business to show the number and location of hundred twenty-five dollars ($125.) for said renewal. Said fee
machines which he may own. These books shall be available shall cover the cost of inspection and license or license renewal
for examination and inspection by the Director- of Housing issuance.
and Inspections Commissioner of Pen-nit and Inspection ARTICLE III, Tobacco Products
Services or other authorized personnel for the purpose of § 483-13. Definitions.
conforming the records of the City of Buffalo as submitted with As used in this Article, the following terms shall have the
the application or as amended from time to time thereafter by meanings indicated:
the licensee. The licensee shall not be required to show the DISTRIBUTION -- To give, sell, deliver, dispense, issue, offer
inspectors or Director of Housing and Inspections to give, sell, deliver, dispense or issue or to cause or hire any
Commissioner of Permit and Inspection Services the revenues person to give, sell, deliver, dispense, issue or to offer to give,
obtained from the various machines for which he has obtained sell, deliver, dispense or issue.
the license. PERSON -- Any natural person, corporation, partnership, firm,
§ 483-8. Renewal of license. organization or other legal entity.
Licenses issued under the provisions of this chapter may be PUBLIC PLACE Any area to which the public is invited or
renewed annually by filing a renewal application on forms permitted.
furnished by the Director- of Housing and Inspections RESTAURANT A food service establishment open to the
Commissioner of Permit and Inspection Services. Such general public which is licensed for the sale of spirits.
renewal applications shall be submitted thirty (30) days prior to TAVERN -- An establishment where alcoholic beverages are
the expiration of the license. The renewal application shall sold for on-site consumption and in which the service of food, if
require the disclosure of such information concerning the served at all, is incidental to the sale of such beverages, except
applicant's demeanor and the conduct and operation of the for a bar located in a hotel or motel. Examples of public places
applicant's business during the preceding license period as is not deemed to be "taverns" within this definition include but are
reasonably necessary to the determination by the Director- of not limited to restaurants that do not have licenses to serve
Housing and Inspections Commissioner of Permit and spirits, catering halls, bowling alleys, billiard parlors, roller rinks,
Inspection Services of the applicant's eligibility for a renewal pizzerias, laundromats, game rooms and gas stations, malls,
license. The applicant shall pay a fee for renewal as provided in convenient stores, hotel or motel lobbies, schools and
§ 483-4 hereof for an original license or any modification amusement, entertainment and recreational facilities.
thereof TOBACCO PRODUCT -- Any substance which contains
§ 483-9. Unlawful installation. tobacco, including but not limited to cigarettes, cigars, smoking
It is unlawful for any person to install, use or permit the tobacco and smokeless tobacco.
installation or use of any coin-operated vending machine on any VENDING MACHINE -- Any mechanical, electronic or other
premises unless the owner of said machine has been licensed similar device which dispenses tobacco products.
as provided in § 483-3 hereof § 483-14. Distribution through vending machines.
§ 483-10. Revocation of license. No person shall permit the distribution of a tobacco product
Every license issued under this chapter is subject to the through the operation of a vending machine in a public place.
right, which is hereby expressly reserved, to revoke or suspend This prohibition shall not apply to the distribution of tobacco
the same should the license directly or indirectly permit the products in a tavern, restaurant, bar within a hotel or motel or
operation of any coin-operated vending machine contrary to the businesses where vending machines are strictly for the use of
provisions of this chapter, the Code of the City of Buffalo or the employees of businesses located at such premises.
laws of the State of New York. Said license may be revoked or § 483-15. Taverns and restaurants.
suspended by the Director- of Housing and inspections Distribution of tobacco products in a tavern and restaurants
Commissioner of Permit and Inspection Services for cause through vending machines. Notwithstanding the foregoing,
after a hearing. tobacco products may be distributed in taverns in the following
ARTICLE 11, Machines on Rights-of-Way ways:
§ 483-11. License required. A. Through a vending machine which must be placed
No person, firm, corporation or organization shall place a at a distance of a minimum of twenty five (25) feet from any
vending machine not herein referred to in any other ordinance, entrance/exit to the premises, directly visible by the owner of
in the city's right-of-way, unless said person, firm, corporation the premises or his or her employee or agent during the
or operation of such vending machine.
organization has first secured a license from the Director- of § 483-16. Identification of vending machine.
Housing and Inspections Commissioner of Permit and A wholesale dealer, retail dealer, lessee or owner of each
Inspection Services. vending machine shall post a durable sign on any vending
§ 483-12. Application; costs. machine which such dealer or owner is licensed to own,
A. Application for said vending machine shall identify operate or maintain. Such sign shall be visible to the general
the type of machine to be placed, the exact location of public and provide the applicable cigarette license number and
placement and the method of placement. expiration date and the license holder's name, place of
B. Any application for a vending machine placement business, phone number and license number issued to the
under this section which requires plumbing or electrical owner by the Director- of Housing and Inspections
connections shall first be forwarded to the Commissioner of Commissioner of Permit and Inspection Services. Each
Public Works for appropriate approval of plans and installation. tobacco vending machine shall post in a conspicuous place a
sign upon which there shall be imprinted the following and Inspection Services. a fee as provided in Chapter 175,
statement, "SALE OF CIGARETTES, CIGARS, CHEWING Fees.
TOBACCO, POWDERED TOBACCO OR OTHER B. The biennial renewal fee after the first, issued to the
TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN same person, shall be as provided in Chapter 175, Fees.
(18) YEARS OF AGE IS PROHIBITED BY LAW." Such sign It is hereby certified, pursuant to Section 3-19 of the Charter,
shall be printed on a white card in red letters at least one (1) that the immediate passage of the foregoing ordinance is
inch in height. necessary.
§ 483-17. Enforcement. APPROVED AS TO FORM
The Division of Licenses of the Department of -Public Corporation Counsel
Works Permit and Inspection Services shall enforce the NOTE: Matter underlined is new.
provisions of this section. In addition, designated enforcement Matter in brackets to be deleted
employees of the Division of Housing and Property PASSED
inspections Department of Permit and Inspection Services, AYES - 12 NOES – 0
Department of Police and the Department of Fire shall have the
power to enforce the provisions of this section. NO. 210
§ 483-18. Penalties for offenses. BY: MR. FONTANA
A. Any person, firm, partnership, company or REQUEST ADMINISTRATION TO FILE PLANS FOR OLD
corporation found to be in violation of this Article shall be liable REPUBLIC STEEL "TOMATO PLANT" PARCEL
for a civil penalty of not more than three hundred dollars ($300.) Whereas: In 1996, a brownfield reclamation project, at the
for the first violation; not more than five hundred dollars ($500.) old Republic Steel site off South Park Avenue, was announced
for the second violation and not more with great fanfare; and
than one thousand dollars ($1,000.) for the third and all Whereas: An innovative reuse had been found, with a
subsequent violations. In addition, for the third and all hydroponic tomato farm rising from the ashes of the former
subsequent violations, any person found to be in violation of heavy industrial use; and
this Article shall be subject to the suspension of his or her Whereas: Unfortunately, the Village Farms hydroponic plant
tobacco vending license for a period not to exceed one (1) year, failed, and the property has remained unused in the ensuing
after notice and the opportunity for a hearing before the years; and
Director- of Housing and Inspections Commissioner of Whereas: This property; cleaned up at considerable expense
Permit and Inspection Services. The Department shall promptly and effort, should be a prime spot for an economic
give written notice to the owners identified on the tobacco development project for the City of Buffalo and its citizens;
Now, Therefore, Be It Resolved That:
violations by an owner of a
vending machine of any such
This Common Council requests the Office of Strategic
premises, or his or her employee or agent. For the
Planning and the Buffalo Economic Renaissance Corporation
purpose of this
Article, such notice shall be prima facie
to file plans for the reuse of the former Village Farms property
evidence that the owner of the vending machine not within
on South Park Avenue; and
the codes has knowledge of violations.
Be it Further Resolved That:
B. The penalties provided by this Article shall be in
This Common Council requests the Office of Strategic
addition to any other penalty imposed by any other provision of
Planning and the Buffalo Economic Renaissance Corporation
law or regulation thereunder.
to file descriptions of any correspondence or communication
It is hereby certified, pursuant to Section 3-19 of the Charter,
regarding interest in this site from developers in the past two
that the immediate passage of the foregoing ordinance is
years.
necessary.
Richard A. Fontana/'
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON COMMUNITY
NOTE: Matter in BOLD to be deleted; matter underlined is new.
DEVELOPMENT, THE DIRECTOR OF STRATEGIC
PLANNING AND THE BUFFALO ECONOMIC
PASSED
REDEVELOPMENT CORPORATION
AYES-12-NOES-0
No. 211
NO. 209
RESOLUTION
BY: MR. FONTANA
By: Mr. Golombek
ORDINANCE AMENDMENT
Raising Revenues to Impact User Fee
CHAPTER 491 - WATER AND WATER POLLUTION
Whereas: The City of Buffalo has experienced difficult financial
The Common Council of the City of Buffalo does hereby
times recently and will be facing more harsh times and budget
ordain as follows:
deficits in the future, and
That Section 491-7 of Chapter 491 of the Code of the City of
Whereas: Firehouses have been closed, employees have been
Buffalo be amended to read as follows:
laid off and services have been cut to address the financial
§ 491-7. License fees.
shortfalls. Taxes and fees have also been raised to address the
A. Upon making application for a plumbing license, the
gap, and
applicant shall remit to the [Director of Housing and
Whereas: Currently, many cities have pursued advertising
Inspections] Commissioner of Permit and Inspection Services
revenue as a way to bring much needed revenues to their
the sum as provided in Chapter 175, Fees, and file with the
municipalities as an alternative to tax increases, and
Examining Board of Plumbers a receipt of the [Director of
Whereas: In order to mitigate further service reductions and tax
Housing and Inspections] Commissioner of Permit and
increases alternative methods must explored and initiated by
Inspection Services showing that such sum has been so
the City of Buffalo, and
remitted. If, thereafter, upon the recommendation of the Board,
Whereas: Since October 1996 the City of Buffalo has charged
a
property owners a User Fee for garbage and trash removal
license shall be issued to such applicant, he shall pay to the
services. In only one year (1997) since it's inception the
[Director of Housing and Inspections] Commissioner of Permit
payment rate of total User Fee has exceeded 85% of total
amount billed. Of the 93495 properties paying the User Fee
over 20% are in default. The cost of collecting on these default General Fund - Unreserved Fund Balance
accounts is a hidden added expense to the garbage and $1,393,000
trash collection service. Clearly, the City of Buffalo must find a To:
more effective and reliable method to fund this service, and 17221008-480205 Prior Year's Claims
Whereas: Municipalities across the country are raising $1,300,000
revenues by acting on ideas considered "outside the box". The 17210006-435003 Zoo
Orchard Park Police Department is pursuing ad revenues to 68,000
procure a S.W.A.T. type vehicle; New York City is advertising 17210006-435005 Kleinhans
on garbage cans in Times Square. From Huntington Beach 25,000
and Long Beach, California, to Clearwater, Florida, and St. REFERRED TO THE COMMITTEE ON FINANCE
Charles, Missouri, municipalities across the country have
formed partnerships with businesses. They have realized new NO. 213
revenue streams by putting ads on customer receipts and By: Mrs. Grant
garbage trucks. Other cities have made positive financial Transfer of Funds
arrangements with beverage companies to supply community General City Charges
centers, parks, public buildings and other places with vending That pursuant to section 20-12 of the Charter and the
machines. Creative municipalities have received free Certificate of the Mayor and the Comptroller submitted to the
equipment and services in Common Council, the sum of S 6,548,307.84 be and the same
exchange for various sponsorship rights. These relationships is hereby transferred from Salary Adjustment and said sum is
have brought in millions of dollars used to serve the public, and hereby reappropriated as set forth below:
Whereas: The city should explore advertising on garbage totes, From:
garbage cans located on commercial strips and recycling bins 17306002-Employee Benefits
with the revenues used to reduce or eliminate the User Fee. 429005- Salary Adjustment $ 6,548,307.84
Now, Therefore be it Resolved: To:
That the Common Council requests the Commissioner of Org Object Amount
Public Works to develop a Request for Proposals (RFP) for 10101001 411001
advertisements on City of Buffalo garbage totes, recycling bins, $3,3690.74
trash cans located on commercial strips and other related 10102001 411001
locations, and $15,074.00
Be it Further Resolved: 10103001 411001
That this Common Council will work with the Administration to $2,736.00
ensure that revenues received through advertising on City of 10104001 411001
Buffalo garbage totes, recycling bins, trash cans located on $2,908.74
commercial strips or other related locations go directly to 10105001 411001
reducing and/or eliminating the User Fee over a three to five $2,736.00
year period, and 10106001 411001
Be it Finally Resolved: $1,494.09
That copies of this resolution be sent to the Department of 10107001 411001
Administration and Finance, Comptrollers Office, the Budget $2,736.00
Office, the Division of Purchasing, the Buffalo Niagara 10108001 411001
Partnership and the Buffalo Fiscal Stability Authority for review, $1,772.15
comments and recommendations to improve the feasibility of 10109001 411001
this proposal. $2,736.00
ADOPT FIRST RESOLVE/ THE REMAINDER TO THE 10110001 411001
COMMISSIONER OF ADMINISTRATION AND FINANCE, $2,736.00
THE COMPTROLLER AND THE CORPORATION 10111001 411001
COUNSEL $2,736.00
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, 10112001 411001
FONTANA, FRANCZYK, GOLOMBEK, LOTEMPIO, $2,736.00
MARTINO AND THOMPSON – 10 10113001 411001
NOES- GRANT AND PITTS - 2 $1,857.23
10114001 411001
NO. 212 $2,736.00
By: Mrs. Grant 10220001 411001
Increased Appropriation $19,829.97
Fund Balance 10221001 411001
Various $1,355.55
That, Pursuant to Section 41 of the Charter and the Certificate 10301001 411001
of the Mayor and the Comptroller submitted to the Common $15,881.15
Council, the appropriation in the budget for the current fiscal 10309001 411001
year for Appropriation Allotments - Prior Year's Claims, Zoo $16,950.79
and Kleinhans, be and the same are hereby increased in the 10311001 411001
sums of $1,300,000, $68,000 and $25,000 respectively. $5,133.20
FROM: 10312001 411001
That the comptroller be and hereby is authorized and directed $3,154.27
to transfer the sum of $1,398,000 from the Unreserved Fund 10313001 411001
Balance 107000960-0397000 to meet this increased $17,439.79
appropriation as set forth below: 10314001 411001
10700096 - 397000 – $10,142.28
10318001 411001 12020001 413001
$2,650.67 $7,363.16
10319001 411001 12002001 413002
$16,029.49 $1,421.89
10441001 411001 12002001 413005
$10,384.77 $3,019.68
10442001 411001 12002001 414007
$49,038.45 $682.51
10443001 411001 12021001 411001
$36,542.93 $199,562.58
10449001 411001 12021001 413001
$7,466.64 $19,781.89
10546001 411001 12021001 413002
$84,225.43 $3,820.05
10647001 411001 12021001 413005
$70,672.32 $8,112.67
10871001 411001 12021001 414007
$80,367.85 $1,833.63
11150001 411001 12022001 411001
$17,685.18 $1,805.47
11252001 411001 12131001 411001
$11,034.39 $16,975.95
11412001 411001 12133001 411001
$3,739.26 $1,749.03
11475001 411001 12134001 411001
$31,577.30 $1,749.03
11556001 411001 12135001 411001
$24,739.67 $5,528.16
11645001 411001 12138001 411001
$10,670.26 $1,749.03
11768001 411001 12553001 411001
$15,611.91 $6,507.62
11781001 411001 12554001 411001
$12,640.42 $12,695.99
11782001 411001 12555001 411001
$6,532.48 $20,470.78
12000001 411001 12557001 411001
$111,967.91 $1,388.84
12000001 413001 13090001 411001
$10,109.95 $5,244.36
12000001 413002 13100001 411001
$1,952.32 $15,892.07
12000001 413005 13110001 411001
$4,146.15 $20,429.66
12000001 414007 13112001 411001
$937.11 $27,426.72
12001001 411001 13113001 411001
$594,168.32 $3,297.91
12001001 413001 13116001 411001
$94,315.86 $4,576.52
12001001 413002 13191001 411001
$18,213.2 $21,807.52
12001001 413005 13291001 411001
$38,679.5 $9,386.84
12001001 414007 13295001 411001
$8,742.34 $16,028.61
12003001 411001 13296001 411001
$3,352,732.59 $11,087.27
12003001 413001 13365001 411001
$557,785.13 $3,425.48
12003001 413002 14050001 411001
$107,713.11 $8,955.39
12003001 413005 14211001 411001
$228,751.01 $7,372.49
12003001 414007 14222001 411001
$51,702.29 $27,977.09
12020001 411001 14570001 411001
$48,560.75 $2,283.99
15020001 411001 Whereas: It is no longer necessary for this item to be
$5,528.41 considered by that committee;
15030001 411001 Now, Therefore, Be It Resolved That:
$2,312.55 This Common Council does hereby discharge the Committee
15203001 411001 on Budget from further consideration of "2004 Capital Budget
$2,305.65 Recommendation", (Item #I, C.C.P. November 12, 2003), and
15501001 411001 said item is now before the Council.
$21,019.47 ADOPT DISCHARGE
15502001 411001 PASSED
$3,795.10 AYES - 12 - NOES - 0
15507001 411001
$50,567.91 NO. 217
15512001 411001 RESOLUTION
$22,924.97 By: Mrs. LoTempio
15560001 411001 Re: Excuse Councilmember Gray from Council Meeting.
$7,048.07 Whereas: Councilmember Beverly Gray will be unable to attend
15574001 411001 the Council meeting on Tuesday, December 09, 2003,
$4,475.32 Now, Therefore, Be It Resolved:
16550001 411001 That the Common Council excuses Councilmember Beverly
$28,018.41 Gray from attending the Tuesday, December 09, 2003 Council
16551001 411001 meeting.
$38,243.15 ADOPTED
TOTAL $6,548,307.84
PASSED NO. 218
AYES - 12 - NOES - 0 RESOLUTION
By: Mr. Pitts
NO. 214 Re: Common Council Support for Filibuster and Defeat of
BY: Mrs. Grant the Energy Policy Act of 2003
Transfer of Funds Whereas: HR6, the Energy Policy Act of 2003, was born of
Common Council - Legislative Vice President Cheney's National Energy Policy Development
That pursuant to §20-12 of the Charter and the Certificate of Group, a coalition of corporate energy executives that met
the Mayor and the Comptroller submitted to the Common behind closed doors and developed a plan that subsidizes their
Council, the sum of $4,000 be and the same is hereby companies at the expense of taxpayers, the environment and
transferred within Common Council Legislative and said sum is public health; and
hereby reappropriated as set forth below: Whereas: A bipartisan group of Senators, with New York's
From: Senator Charles M. Schumer leading the way, has been
10 11100 1 - 411001 Salaries – Regular $4,000 successful in filibustering this bill, and deserves gratitude from
To: the entire the nation for their courage and integrity; and
10102001 - 412002 Legislative, Howly Salary $4,000 Whereas: According to Ken Cook, president of the
PASSED Environmental Working Group, the bill was a "deal with the
AYES - 12 - NOES - 0 devil"; he stated that "If you drink tap water, breathe air, or pay
taxes, it's important to you that those who had the courage to
NO. 215 vote against this boondoggle, hold the line against White
BY: Mrs. Grant House and special interest pressure."; and
Transfer of Funds Whereas: A study of the bill by the House Committee on
Common Council - Legislative Government Reform estimates it will cost the American people
That pursuant to §20-12 of the Charter and the Certificate of more than $115 billion over the next decade, to pay for the
the Mayor and the Comptroller submitted to the Common propagation of 20th century fuel sources (coal, petroleum, and
Council, the sum of $4,965 be and the same is hereby a renewed expansion of nuclear power) at the expense of
transferred within Common Council Legislative and said sum is cleaner, renewable sources and conservation; and
hereby reappropriated as set forth below: Whereas: It is absurd to be subsidizing the burning of fossil
From: fuels, when scientists the world over are making increasingly
10 103 001 - 411001 Salaries – Regular $3,965 urgent calls for a cut in carbon emissions from fossil fuels, in
10 103001 - 415001 Auto Allowance $1,000 light of the increasing instability of the world's climate; and
To: Whereas: HR6 is exactly the type of pork-laden give away of
10 102001 - 412002 Legislative Hourly Salary $4,965 taxpayer funds that has turned huge numbers of Americans off
PASSED to the political process; and
AYES - 12 - NOES - 0 Whereas: There are some worthy elements in HR6, including
production incentives for clean, renewable sources of energy
NO. 216 such as wind and solar; these should be expanded, and should
RESOLUTION be the basis for a revised bill, along with stronger provisions to
By: Mrs. LoTempio protect the public health, increase the reliability of the electric
Re: Discharge From the Budget Committee -"2004 Capital grid, boost vehicle fuel standards and cut our nation's reliance
Budget Recommendation", on foreign oil;
(Item #1, C.C.P. November 12, 2003) Now, Therefore, Be It Resolved That:
Whereas: 2004 Capital Budget Recommendation", (Item #1, The Common Council of the City of Buffalo, NY, commends
C.C.P. November 12, 2003) is presently before the Committee the Senators who stood up to defeat HR6, especially Senator
on Budget; and Charles M. Schumer, and urges Congress to go back to the
drawing board to develop a revised energy bill that protects and Whereas: The BMHA has designated Norstar Development
supports the taxpayers of this nation; and USA, L.P. as the developer of the third phase of the Lakeview
Be It Further Resolved That: redevelopment consisting of the construction of 61 new rental
This Council directs the City Clerk to send certified copies of units on scattered sites through the City and rehabilitation of six
this resolution to Senators Schumer and Clinton (who is also additional residential units in a single building on Busti Avenue
commended for voting in favor of the filibuster), to the Western (Phase IM, and Norstar and BMHA have devised a
New York Congressional delegation, to Senate Majority Leader redevelopment plan that is consistent with the City's
Bill Frist, Senate Minority Leader Thomas Daschle, to Rep. commitment; and
W.J. "Billy" Tauzin (R-La.), chairman of the House Energy and Whereas: The redevelopment plan for Phase III has been
Commerce Committee, to the Secretary of the Senate, to the submitted to the City Planning Board, which approved the plan
Clerk of the House of Representatives, and to President as submitted on March 11, 2003; and
George W. Bush. Whereas: The City owns the land on which Phase III will be
ADOPTED constructed, and such land is to be conveyed by the City to
BMHA or a to-be-formed limited partnership or housing
NO. 219 development fund company designated by BM14A to
RESOLUTION accomplish the proposed redevelopment and to obtain the
By: Mr. Pitts benefits of federal low-income housing tax credits and a
Re: Waive Permit Fees for Urban Christian resulting infusion of private capital; and
Ministries Youth Anti-Violence Program Whereas: Phase III has received an allocation of low-income
Whereas: The Urban Christian Ministries runs a successful housing tax credits and a $1.8 million grant from the New York
Youth Anti-Violence Program that is very beneficial to the City State Division of Housing and Community Renewal to assist in
of Buffalo and its citizens; and the financing thereof, and
Whereas: This program includes summer basketball events Whereas: The availability of these low-income housing tax
and a community information campaign that are critical credits will expire on August 1, 2004, requiring a new
elements in a strategy for keeping peace in some of Buffalo's application in 2005 if the financing for this redevelopment is not
neighborhoods that are beset with unemployment, poverty and closed, further delaying the redevelopment project;
lack of opportunity; and Now Therefore Be It Resolved:
Whereas: In carrying out the program in the summer of 2002 That the Common Council approves the redevelopment plan for
Urban Christian Ministries was required to take out two permits Phase III as set forth in the plans filed with the City Planning
(2002-063 and 2002-113) that totaled $612; and Board; and
Whereas: The benefits of this program, which is run on a very Be It Further Resolved:
lean budget, are important to the City of Buffalo, and to impact That the conveyance by the City of the land and improvements
the effectiveness of the program by the amount of these fees necessary to complete Phase III by the City to BMHA or a
would not be cost effective or in the best interests of the to-be-formed limited partnership or housing development fund
citizens of Buffalo; company designated by BMHA on such terms and conditions
Now, Therefore, Be It Resolved That: as have previously been agreed to by the Mayor's office and
This Common Council waives the fees of $612 owed by the BMHA, all in accordance with the Phase III redevelopment plan
Urban Christian Ministries for permits 2002-063 and 2002-113. and the Comer Consent Decree be, and hereby is authorized
PASSED and approved; and
AYES - 12 - NOES - 0 Be It Further Resolved:
That a payment-in-lieu-of-taxes (PILOT) agreement for the
NO.220 Phase III project is approved in accordance with the City's tax
BY: MR. PITTS exemption policy B; and
APPROVING REDEVELOPMENT PLAN, CONVEYANCE OF Be It Further Resolved:
CITY PARCELS AND PILOT FOR LAKEVIEW PHASE III That the Mayor be, and he hereby is authorized, directed and
Whereas: In 1996, the Common Council approved the City's empowered to take any and all actions and execute any and all
entry into a settlement of the Jessie Comer, et al. individually documents or instruments that may be necessary or desirable
and on behalf of all persons similarly situated, Plaintiffs vs. to carry out the intent of the foregoing resolution, the execution
Andrew M. Cuomo, in his official capacity as Secretary of the and delivery of any such document or agreement being
United States Department of Housing and Urban Development, conclusive evidence of the approval thereof by the Mayor and
United States Department of Housing and Urban Development, the Common Council of the City of Buffalo, and
Buffalo Municipal Housing Authority and City of Buffalo, New Be It Finally Resolved:
York-, Defendants, housing discrimination action (the "Comer That the foregoing resolution shall take effect immediately.
Consent Decree"), settling claims by a class of City public Be It Finally Resolved :
housing residents against (among other parties) the City and That exclusives of any document by the Mayor be filed with the
the Buffalo Municipal Housing Authority ("BMHA"); and City Clerk.
Whereas: Among the terms of the settlement of the Comer PASSED
Consent Decree, as amended, the City and the BMHA AYES - 12 - NOES - 0
committed to redevelop Lakeview Homes, formerly a 666 unit
residential rental complex situated in 72 physically deteriorated NO. 221
buildings located on the lower west side of Buffalo, to reduce BY: ANTOINE M. THOMPSON
its density, to reduce vacancies at that development, and to Appointments
provide alternative housing opportunities; and Commissioner of Deeds
Whereas: Under the Comer Consent Decree, and as approved That the following persons are hereby appointed as
by the Common Council, the replacement units in the first Commissioner of Deeds for the term ending December 31,
phase of the redevelopment are complete and the second 2004, conditional, upon the person so appointed certifying
phase units (totaling 150 units, redevelopment of the Belle under oath to their qualifications and filing same with the City
Center and rehabilitation and construction of a park to replace Clerk:
Hudson Linear Park) are nearing completion; and David Zabinski
Total: 1 The Journal of the last meeting was approved.
ADOPTED
NO. 1
UNFINISHED BUSINESS I transmit herewith the Pension Payroll for the Fire Pension
Fund for the months of December 2003 amounting to
No. 222 $9,815.24 and request that checks be drawn to the order of the
Veto Message-Precinct #I I C District Closure persons named herein for the amounts stated.
(#2, 10/28/03) Adopted
Mrs. LoTempio now moved that .the above item be taken from Ayes-3. Noes-0.
the table. NO. 2
Seconded by Mr. Bonifacio I transmit herewith the Pension Payroll for the Police Pension
CARRIED. Fund for the months of December 2003 amounting to
Mrs. LoTempio now moved that the item be received and filed $8,435.00 and request that checks be drawn to the order of the
Seconded by Mr. Bonifacio persons named herein for the amounts stated.
ADOPTED Adopted.
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, Ayes-3. Noes-0.
GOLOMBEK, GRANT, MARTINO AND THOMPSON – 8
NOES – FONTANA, FRNCZYK, LOTEMPIO AND PITTS - 4 NO. 3
The following annuitant was cancelled from the Police Pension
NO. 223 Fund Payroll:
Bond Resolution-Vulcan Street Helen H. Vogel Died November 18, 2003
Reconstruction-$ 5 00, 000 Anna Harris Died November 9, 2003
(#155 11/25/03) Received and Filed.
Mrs. LoTempio now moved that the above item be taken from
the table. NO. 4
Seconded by Mr. Davis On motion by Mr. Bellioti, the City of Buffalo Police and Fire
CARRIED. Pension Board Meeting adjourned at 11:10 a.m.
Mrs. LoTempio now moved approval of said item.
Seconded by Mr. Davis
PASSED.
AYES - 12 - NOES - 0
NO. 224
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Common Council Chambers, 13 th floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Claims Committee Wed, December 10, 2003 at 1:00 P.M.
Committee on Civil Service Tues, Dec 16, 2003 at 9:30 A.M
Committee on Finance Tues, Dec 16, 2003 at 10:00 A.M.
following Civil Service
Committee on Legislation Tue, Dec 16, 2003 at 2:00 P.M.
Committee on Comm. Dev. Wed, Dec 17, 2003 at 10:00 AM
Committee on Education Wed, Dec 17, 2003 at 2:00 P.M.
Special Committees
Bi-National Bridge Thurs, December 11, 2003 at 2:00 PM in
Room 1417 City Hall.
Fruitbelt Task Force Mon, Dec 15, 2003 at 11:00 o'clock AM in
Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
No. 225
Adjournment
On a motion by Mrs. LoTempio, Seconded by Ms.Grant, the
Council adjourned at 4:58 pm
Board of Police and Fire Pension Proceedings #11
Office of the Mayor-201 City Hall
December 11, 2003
Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy
Comptroller, Michael Risman, Corporation Counsel-3
Absent: James W. Pitts, Council President-1