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ALL RIGHT, WE'RE ROLLING.

[00:00:01]

YEP.

ALL RIGHT.

WE'RE GOING TO COURT OVER THIS, UH, MEETING

[1. Call Meeting To Order/Roll Call]

MARCH 17TH, 2020, ONE OF THE ORDINANCE REVIEW COMMISSION.

UH, TONY, YOU WANT TO CALL THE ROLE? MR. ELLIS HAS LET US KNOW HE WOULD NOT BE HERE DUE TO ILLNESS, MR. FANNON.

YES.

MR. HENDRIX.

YEAH.

MR. KITCHEN.

YES.

MR. OTTO HERE.

MR. WAMSLEY, MR. WEBB HERE.

ALL RIGHT.

NO NEED TO, UH, EXCUSE JIM.

IS THERE? IT WON'T BE NECESSARY.

UM, OKAY.

SO, UH, IT LOOKS LIKE WE'RE STARTING WITH CHAPTER SEVEN OF THE BUSINESS REGULATION CODE, SEXUALLY ORIENTED BUSINESSES.

EXCUSE ME.

ACTUALLY, THE FIRST ITEM WOULD BE TO, UM, TO REVIEW, UH, THE LEGISLATION WORKSHEETS, UM, UNDER ITEM THREE, A, UH, WE HAVE TO APPROVE THE MINUTES AND THEN CORRECT.

WE HAVE

[2. Approval of Minutes]

A SET OF MINUTES FROM FEBRUARY 17TH, 2021 FOR REVIEW OR APPROVAL.

UM, UNLESS ANYONE HAS ANY RECOMMENDED CHANGES DELETIONS OR NO, WE'LL THAT? EVERYBODY'S GOOD.

ALL RIGHT.

I'LL ACCEPT THEM AS IS NEXT TOPIC,

[ Legislation Worksheets Review]

A THREE ABR LEGISLATION, WORKSHEETS REVIEW.

WE CAN PROCEED TO THIS, HOW YOU, LIKE, SINCE YOU'RE FILLING IN TONIGHT, I'D BE HAPPY TO LEAD IT.

IF YOU'D LIKE AND HIGHLIGHT THE ONES THAT WE STILL HAVE OPEN, UM, ACROSS THE DIFFERENT WORKSHEETS, JUST DO THEM.

OKAY.

UM, IN PART ONE ADMINISTRATIVE CODE, WE JUST HAD A FEW AND WE'LL BE WRAPPED UP WITH ALL OF THAT ONE.

UM, AND SECTION ONE 75, A THREE DEFERMENTS AND WAVE WAIVERS.

UM, THE COMMISSION HAD REQUESTED INFORMATION FROM CITY STAFF REGARDING THE FREQUENCY OF APPLICATIONS FOR DEFERMENT AND WAIVER.

AND IF WE HAD A COPY OF THE REFERENCE EXHIBIT A AND APPLICATION FORM, UM, I DID TALK TO THE CITY ENGINEER.

UM, THE RESPONSE WAS, UH, WHAT APPLICATIONS.

SO WE HAVE NOT BEEN ABLE TO ACTUALLY LOCATE THE APPLICATION FORM AND THAT MIGHT EXPLAIN THE STATISTICS BECAUSE HE SAID TO HIS KNOWLEDGE, WE'VE NEVER HAD ANYONE REQUEST A DEFERMENT OR WAIVER, UH, UNDER THIS SECTION.

SO, UM, I WILL CONTINUE TRYING TO JUST FIND THE APPLICATION THAT'S REFERENCED IN THE CODE.

UM, SO SHOULD THAT NEED ARISE, UM, UH, THAT WE WOULD HAVE THAT FOR SOMEONE TO UTILIZE, BUT I'M BORROWING THAT IT DOESN'T LOOK LIKE THIS AS A BIG ISSUE THAT WE'D NEED TO, YOU KNOW, MAKE ANY MAJOR CHANGES TO, IT'S NOT SOMETHING THAT'S FREQUENTLY USED OR OKAY.

YEAH.

IF IT'S AT ALL.

YEAH.

IF IT'S NOT BEEN USED, SELDOM USED, UM, I DON'T SEE A DEEP DIVE ON IT BEING NECESSARY.

ANYONE ELSE HAVE ANY COMMENTS TO THAT? OKAY.

NEXT WAS A SECTION ONE 75.06 ALTERNATE ASSESSMENT PROCEDURES.

WE HAD, UH, DISCUSSED THIS PREVIOUSLY AND, UM, THE LAW DIRECTOR, UM, HAD, UH, IDENTIFIED A TYPOGRAPHICAL ERROR IN THIS SECTION, WHICH WILL BE CORRECTED AS PART OF THE LEGISLATION FOR PART ONE.

UM, IT HAD ALSO BEEN REVIEWED BY THE FINANCE DIRECTOR AND HE HAD NO FURTHER CHANGES BEYOND THAT.

UM, IT HAD BEEN ASKED FOR THE CITY ENGINEER TO REVIEW THIS SECTION FOR ANY ADDITIONAL CHANGES AND HE HAS NO CHANGES EITHER.

SO THAT ITEM COULD BE CLOSED AS WELL.

AND THEN THE LAST ONE IN PART ONE IS, UM, SECTION ONE 79, WHICH IS FUNDS.

AND THE REQUEST HERE FROM THE COMMISSION WAS ASKED THE FINANCE DIRECTOR, IF IT WOULD BE POSSIBLE TO BETTER ORGANIZE THIS SECTION SO THAT IT REFLECTED, UM, EITHER ALPHABETICAL ORDER OR A FUND NUMBER LISTING WITH THAT.

UM, I'VE TALKED WITH THE FINANCE DIRECTOR ABOUT THAT HE'S, UH, MEANINGFUL TO, INCLUDING THOSE CHANGES IN THE LEGISLATION FOR THIS SECTION.

SO WE'LL, UH, WE'LL DO THAT.

AND, UM, YOU KNOW, AS PART OF THAT FINAL PART OF THAT PROCESS, WE'LL BRING SOME GREATER ORGANIZATION TO THAT SECTION.

LIKE THE COMMISSION HAS SUGGESTED, DID HE MAKE A RECOMMENDATION TOWARDS ALPHABETIC OR NUMERICAL? UM, HE, HE SAID HE LIKED THE FUNDS THE WAY THEY WERE.

THAT'S HOW THEY USE IT IN THE FINANCE DEPARTMENT, WHICH IS NOT ALPHABETICAL IT'S BY PHONE NUMBER.

RIGHT.

UM, SO I THINK IT WOULD PROBABLY BE, UH, THE WAY IT IS WITH THE FUND NUMBERS HAD HATCHED FOR THAT USE.

THEY USE IT MORE THAN WE DO.

UM, OKAY.

UH, OH, SORRY.

DID THE FUND NUMBERS EVER CHANGE OR ARE THEY PRETTY CONSTANT? USUALLY PRETTY CONSTANT.

UH, THE, THE MAIN DIFFERENCE WOULD BE THE ADDITION OR DELETION OF FUNDS.

THERE'S A FUN, NO LONGER NEEDED,

[00:05:01]

OR A NEW FUND IS ADDED.

AND THE BY ORDINANCE, THEY ESTABLISHED THE FUND THAT GOES THROUGH COUNCIL TO DO THAT THROUGH LEGISLATION.

BUT, UH, TYPICALLY YOU WOULD NOT HAVE A CHANGE IN A FUND NUMBER.

UH, SOMETIMES THE NAME OF THE FUND MIGHT CHANGE, BUT RETAIN THE SAME NUMBER.

AND THEY'RE TYPICALLY ORGANIZED UNDER LIKE GENERAL BEGINNING NUMBERS, AND THEN THEY RUN UNDER THOSE.

SO THAT WOULD COMPLETE, UH, PART ONE.

SO, UM, AT THIS POINT WITH PART ONE, W EVERYTHING IS, UH, BEEN REVIEWED BY THE COMMISSION AND WE BROUGHT TO A CONCLUSION ON THE ACTION RECOMMENDATIONS.

THE ONLY THING THAT'S STILL OUT THERE WITH, UH, UH, PART ONE IS SECTION ONE OH FIVE, WHICH IS THE WARDS AND THE REDISTRICTING.

AND, UM, THAT WON'T BE ABLE TO BE DONE UNTIL WE RECEIVE THE 20, 20 US CENSUS DATA.

RIGHT.

AND, UH, THAT MIGHT BE A MATTER THAT WOULD BE HANDLED COUNCIL RATHER THAN THIS COMMISSION.

UM, IT'LL BE UP TO COUNCIL TO DECIDE THAT, BUT, UH, I DO HAVE A PLACE HOLDER FOR THAT TO FOLLOW UP ONCE WE RECEIVED THE CENSUS DATA FOR THAT THEN.

AND, UM, PART THREE, UM, THE TRAFFIC CODE, UH, THE FOLLOW-UPS WE HAD, UM, SECTION, UH, THREE, THREE, 1.4 FOR, UM, DRIVING ON THE BRAND PIPE BUS WAY.

UM, I DID GET TO TALK TO THE CITY ENGINEER ABOUT THIS AND, UM, HE HAS NO KNOWLEDGE OF IT.

HE SPOKE WITH RGA.

THEY DON'T KNOW WHAT IT IS.

UM, WE'RE BOTH KIND OF CONFUSED BECAUSE THAT ROAD KIND OF JUST DEAD ENDS.

THERE WOULDN'T EVEN BE A TURN, UH, RADIUS BIG ENOUGH FOR A BUS TO GO DOWN AND, AND, AND TURN AROUND AND GET BACK OUT.

UM, SO, UM, BARRING ANYTHING ELSE? UH, WE THINK, UH, IN HIS RECOMMENDATION WAS THAT THE, UH, SECTION SHOULD PROBABLY JUST BE REMOVED ENTIRELY FROM THE 90 DEGREE.

I NEVER KNEW IT TO BE ANY KIND OF ROUTE.

I WAS ASSUMING IT WAS JUST A STUB STREET OF SOME SORT, AND IT MIGHT'VE BEEN BEFORE THE STATE ROUTE WAS PUT IN AS IT WAS, YOU KNOW, IT COULD HAVE BEEN, UH, SOMETHING THAT, THAT SIDE STREET WAS PART OF THE MAIN RAMP HIKE.

I DON'T KNOW, BUT IT DOESN'T APPEAR TO BE USED IN THAT MANNER CONSISTENT WITH A BUS WAY AT THIS POINT.

SO.

OKAY.

FAIR ENOUGH.

OKAY.

UM, THREE, THREE SECTION THREE, THREE 7.25, THE AIR CLEANER REQUIRED, UM, NOTES HERE.

UM, THE LAW DIRECTOR OF OUR LAST DISCUSSION HERE WAS THAT, UM, JUST REMOVING THAT SECTION FROM THE CODE ENTIRELY BECAUSE WE COULD FIND A REASON TO HAVE IT, UH, BUT WE WANTED THE LAW DIRECTOR TO CHECK THAT OUT AND, UH, MAKE SURE HE'S SANCTIONED.

THAT IS LEGALLY ADVISABLE.

UM, I DID GET AN EMAIL, UM, WHICH I THINK I FORWARDED TO EVERYONE, BUT POSSIBLY NOT, UH, THAT AFTER CONSULTING WITH THE CITY MANAGER AND THE POLICE CHIEF, UM, AS LAW DIRECTOR, HE SANCTIONED THE REMOVAL OF SECTION THREE, THREE, 7.25 FROM THE CITY CODE.

EXCELLENT.

NO LONGER NEEDED.

DID HE ASK WATSON AIRPLANES? WELL, I'D DONE SOME RESEARCH ON EPA FREQUENTLY ASKED QUESTIONS REGARDING REPAIRS OF EXHAUSTED EMISSION SYSTEM, BUT WE WON'T WORRY ABOUT THAT.

DIDN'T COME UP IN THERE EITHER NOW.

OKAY.

NEXT IS, UM, SECTION THREE, FIVE, 1.18 NON-MOTORIZED VEHICLES NOT TO BE PARKED ON STREETS.

I KNOW THAT ONE WE PUSHED OFF TO NO FURTHER ACTION NEEDED.

UH, THEN WE HAD, UM, PARKING OF VEHICLES ON RESIDENTIAL PROPERTIES.

THAT'S GOING TO BE DISCUSSED AS PART OF THE PLANNING AND ZONING CODE AS WE HAD DISCUSSED, UH, WHEN THAT COMES UP IN THAT PARTICULAR SECTION, BECAUSE I WAS THE AREA OF THE COMMISSIONS FOCUSED FOR REVIEW, UM, SECTION THREE, FIVE, 1.23, LEAVING MOTOR VEHICLES ON PRIVATE OR PUBLIC PROPERTY.

SURE.

I GOT A RESPONSE BACK FROM, AS IT WAS LEFT AT THE POLICE CHIEF AND THE CITY MANAGER WOULD REVIEW THE SECTION REGARDING THE PENALTY SECTION BECAUSE, UH, THE DISCUSSION HERE AT THE COMMISSION WAS WHY THIS WAS THE ONLY SECTION IN THIS PART OF THE CODE THAT HAD A PENALTY SPECIFIED TO IT AND WHETHER THE PENALTY NEEDED TO BE ATTACHED.

SO, UM,

[00:10:01]

THAT ONE STILL REQUIRES FOLLOW.

AND, UH, WE'LL BRING THAT BACK TO THE NEXT.

THAT WAS ALL FOR PART THREE.

AND THEN, UH, PART FIVE GENERAL OFFENSES CODE, WHICH WAS THE, THE MATERIAL FROM THE LAST MEETING.

UH, THE FIRST SECTION WAS FIVE OH FIVE ANIMALS.

AND, UM, THE LAW DIRECTOR WAS TO REVIEW THAT, TO DETERMINE IF, UM, IT SHOULD BE RESTRUCTURED TO MOVE ALL THE DEFINITIONS TO THE BEGINNING OF THAT SECTION AND TO REORDER SECTION FIVE OH FIVE TO MAKE IT FLOW FROM THE GENERAL TO THE SPECIFIC, AS FAR AS CONTENT, UH, BASED ON THE DISCUSSION AT THE LAST MEETING, UH, I DID SEND EVERYBODY A MEMO FROM THE, UH, THE LAW DIRECTOR THAT CAME RATHER LATE, BUT HE INDICATED THAT HE HAD REVIEWED SECTION FIVE OH FIVE TO DETERMINE IF IT SHOULD BE RESTRUCTURED TO MOVE ALL DEFINITIONS TO THE BEGINNING OF SECTION FIVE OH FIVE AND REORDER SECTION FIVE OH FIVE TO MAKE IT FLOW FROM THE GENERAL TO THE SPECIFIC AND CONTENT.

HE SAID SEVERAL OF THE PROVISIONS AND PART FIVE THAT HAVE DEFINITIONS ARE STRAIGHT FROM THE OHIO REVISED CODE.

AND HE FEELS THE DEFINITIONS SECTION SHOULD STAY IN THAT SECTION AS THEY ARE APPLICABLE TO THAT SECTION AS FOR THE REORDERING OF THE SECTIONS WITHIN CHAPTER FIVE OH FIVE.

HE'S NOT SURE WHAT THE PURPOSE WOULD SERVE THOUGH.

HE SAID, HE'S NOT OPPOSED TO DOING SO.

THAT'S THE RECOMMENDATION OF THE COMMITTEE, NOT A CONTENT ISSUE OR, YOU KNOW, ANYTHING THAT'S AN ERROR.

IT'S JUST, UH, I THINK THE DISCUSSION WAS AROUND THE FLOW OF IT, UH, WHERE IT'S MORE NATURAL.

WELL, I MEAN, ARE WE, WOULD WE PREFER TO HAVE THOSE MOOD, THE TOP OF THE SECTION, OR DOES IT REALLY MAKE MUCH OF A DIFFERENCE TO ANYONE? NO.

FAIR ENOUGH.

WE'LL LEAVE IT AT THAT.

OKAY.

AND THEN NEXT WAS SECTION FIVE OH 5.01 E UM, MONTGOMERY COUNTY ANIMAL RESOURCE CENTER, UH, WAS TO DETERMINE IF THE, UH, UH, TRAP NEUTER AND RETURN PROGRAM IS STILL IN EFFECT.

AND, UM, I'M TOLD THAT AT LEAST ON PAPER, IT IS AN EFFECT ON DIFFERENT YEARS THAN IT'S NOT ALWAYS, UH, THERE'S NOT ALWAYS FUNDING FOR IT THROUGH, UH, MONTGOMERY COUNTY.

SO, UM, IT, IT, UH, IT VARIES YEAR TO YEAR, BUT THE, THE LANGUAGE AND THE CODE WOULD BE SUFFICIENT TO BE CORRECT.

SECTION FIVE OH 5.01, EIGHT DOGS, CATS, AND OTHER ANIMALS RUNNING AT LARGE.

UH, THIS WAS THE DISCUSSION ABOUT THE, UH, WHETHER AN EXCEPTION SHOULD BE ADDED, UM, TO THIS SECTION FOR THE CITY'S DOG PARK.

AND, UM, I KNOW JOE SENT OUT, UM, THE REFERENCES IN THE CITY OF DAYTON CODE, UM, TO THIS PARTICULAR ISSUE.

UM, THE LAW DIRECTOR SAID IN HIS MEMO THAT HE HAD REVIEWED THIS SECTION TO DETERMINE IF AN EXCEPTION FOR THE CITY'S DOG PARKS SHOULD BE ADDED TO THE SECTION.

HE SAID AS THE DEFINITION OF AT-LARGE IS WHERE AN ANIMAL IS NOT WITHIN AN ENCLOSED AREA AND THE DOG PARK IS IN CLOSED.

HE DOES NOT BELIEVE WE NEED TO PROVIDE A CHANGE.

OKAY.

MAKES SENSE TO ME, EVERYBODY GOOD WITH THAT? NOPE.

UH, NEXT IS, UM, FIVE OH 5.1, ONE PRESUMPTION OF ANIMAL HUNTER KEEPER OR HARBOR.

THIS, UH, IS ABOUT THE FEEDING OF THE FERAL CATS AND WHETHER, UH, THE COMMISSION WANTED TO RECOMMEND A DIRECT PROHIBITION TO BE ADDED TO THE CODE, UH, PROHIBITING THE FEEDING OF FERAL CATS.

UM, AND SO THE REQUEST WAS, UH, FOR THE LAW DIRECTOR TO DRAFT SOME LANGUAGE FOR CONSIDERATION BY THE COMMISSION, UH, THAT WAS IN THE MEMO THAT WAS, UH, PROVIDED FROM THE LAW DIRECTOR, A SECTION ENTITLED OUTDOOR FEEDING PROHIBITED.

AND, UH, HE PROVIDED THE LANGUAGE, UH, FOR THAT SECTION, IF THE COMMISSION WANTED TO REVIEW THAT AND CONSIDER IT.

UM, SO YOUR OPTIONS WOULD BE TO RECOMMEND THAT SECTION BE ADDED.

WE RECOMMEND TO LEAVE IT ALONE OR TO MODIFY WHAT THE LAW DIRECTOR HAS PROVIDED, UM, IN SOME WAY AND ADD IT TO THE CODE AND THEN WE'D RUN IT BY THE LAW DIRECTOR FOR A SECONDARY REVIEW THOUGHTS TO THEM, ANY THOUGHTS OR ONE THOUGHT THOUGH, WHETHER IT MAKES SENSE OR NOT ON IT ITSELF IS HOW WOULD THIS APPLY THAT TO AGRICULTURAL ANIMALS? DO WE HAVE AGRICULTURE ANIMALS? YOU WERE HEIGHTS THINGS ON HERE.

I THOUGHT SO THAT'S SOME OF THE

[00:15:01]

BORDER.

SO, YOU KNOW, YOU MIGHT LEAVE HAY OUT FOR YOUR COWS ALL NIGHT WOULD THAT, BUT THIS SECTION TO MAKE THAT ILLEGAL.

CAUSE IT DOESN'T SAY ONLY IN RESIDENTIAL AREAS.

WELL, THEY WOULDN'T HAVE A TYPICALLY LIVESTOCK WOULDN'T BE RUNNING AT LARGE, RIGHT.

OH, OKAY.

YEAH.

NOT GOING TO BE OUTSIDE OF A PROPERTY MORE THAN THEY'RE GOING TO BE MAINTAINED WITHIN THE OWNERS PROXIMITY.

I DID NOT DIG THROUGH HIS, UH, HIS RECOMMENDATION OR REC YEAH.

HIS RECOMMENDATION ON THAT ONE OR HIS LANGUAGE, HONESTLY, I'VE, UH, LOOKED TIED UP FOR ABOUT A WEEK NOW, BUT, UM, ON TALKING WITH THE LAW DIRECTOR, I THINK, YOU KNOW, THIS IS WHERE HE THINKS THE CITY COULD GO.

IF YOU REALLY WANT TO REGULATE THIS IN GREATER DETAIL, BUT STILL MADE A, UH, YOU KNOW, A DEFENSIBLE POSITION, SHOULD SOMEONE CHALLENGE THIS OR SOMEONE BE VIOLATED UNDER THIS NEW SECTION OF THE CODE.

AND THEN WE HAVE TO GO TO COURT BECAUSE WE HAVE HAD RATHER EXTENSIVE LITIGATION ON THIS ISSUE.

UM, AND ANOTHER CASE ALREADY WITHOUT HAVING THIS IN THE CODE.

RIGHT.

UM, SO THIS WOULD BRING CLARITY AT LEAST TO A SITUATION SIMILAR TO THAT PARTICULAR SITUATION THAT HAD BEEN LITIGATED.

UM, WELL, I, I KNOW THERE'S BEEN SOME, A REASONABLE AMOUNT OF DISCUSSION BY COUNSEL ON THIS MATTER IN THE PAST.

UH, AND I THINK IT WOULD BE ADVISABLE TO PUSH IT TO COUNCIL, TO CONSIDER TAKING ACTION ON MY OPINION, PUTTING IT IN AS A LAW DIRECTOR IS ON DRAFTED AND TAKES IT TO COUNCIL.

YEAH.

WELL, YOUR MOM CAN'T EVEN FEED THE CHIPMUNKS THAT CAN'T EVEN FEED THE CHIPMUNK.

SO YOU FEED THE CHIPMUNKS.

IT DOES SAY YOU CAN KEEP BIRDS IN HERE THOUGH.

IT SAYS SOMETHING ABOUT, UH, YEAH.

BIRDS ARE ALLOWED.

YEAH.

WHEREAS WE HAVE GROUNDHOGS EVER GOT GROUND OTHERS.

THERE ARE CITIES THAT ACTUALLY PREVENT BIRD FEEDING, BUT THEY, LIKE, I KNOW SAN FRANCISCO FOR IT.

IT'S BIRD FEEDING BECAUSE THEY DON'T WANT THE METHOD.

DID THE MULTIPLYING A PIGEON BASICALLY.

OKAY.

SO THE RECOMMENDATION IS FOR FOUR, THIS, AN ADDITION FOR COUNCIL CONSIDERATION.

YEAH.

OKAY.

NEXT IS UM, 509.10, UH, MOTOR VEHICLE NOISE CONTROL.

UH, I THINK THIS WAS, UH, JIM'S QUESTION, UM, ABOUT WHETHER, UM, THE AMERICAN NATIONAL STANDARDS INSTITUTE STANDARDS REFERENCED IN THE CODE OR THE VALID ONES.

UM, JERRY TOLD ME THAT, UM, HE'S STILL REVIEWING THIS SECTION.

UM, INITIALLY HE JUST GOOGLED AMERICAN NATIONAL STANDARDS INSTITUTE.

HE SAID THEY HAVE QUITE A LENGTHY LIST OF DIFFERENT STANDARDS.

HE WASN'T EVEN SURE WHICH STANDARD, UH, WITHIN THE ALYSSA STANDARDS, UH, ARE THE ONES BEING REFERENCED HERE.

UM, SO HE'S SAID IT'S GOING TO TAKE A LITTLE MORE WORK TO GET TO THAT.

SO WE'LL HAVE TO REVISIT THEM WHEN THE NEXT TIME I WOULD ASSUME WE WOULD WANT TO PROBABLY LOOK INTO IT SPECIFIC STANDARD THAT, UH, KIND OF FALLS IN LINE TO OUR CURRENT NOISE OR ORDINANCES AS THEY STAND AS FAR AS DECIBEL READINGS FROM A CERTAIN DISTANCE AND SO ON AND SO FORTH.

AND ALONG WITH THAT WAS THE QUESTION OF WHETHER TO ADD GOLF CARTS TO THE LIST OF THE VEHICLES IN THIS, UH, SECTION, UM, RELATED TO, UH, NOISE CONTROL.

SO, UM, HE SAID THAT STILL UNDER HIS REVIEW.

OKAY.

AND I THINK THAT WOULD BE REASONABLE.

WE'RE ALLOWING THEM ON THE STREETS.

UH, OKAY.

UH, FIVE OH 9.1, TWO BARKING OR HOWLING DOGS.

UM, HE SAYS HE'S, CROSS-REFERENCE THE SECTION WITH THE OHIO REVISED CODE AND, UH, DETERMINED THAT NO CHANGES RELATED TO THE DEBARKING OF DOGS THAT WERE IN SOME OF THE OTHER MATERIALS THAT WE RECEIVED FROM THE HIGH REVISED CODE OR NEEDED TO, UH, FOR ADDITION TO THIS PARTICULAR SECTION, BECAUSE WHAT KIDS COULD REMAIN AS IT IS 509.1, THREE ADMISSION OF EVIDENCE.

THIS ALSO DEALS, UH, WITH THE, UH, AMERICAN NATIONAL STANDARDS INSTITUTE REFERENCES.

AND AS SUCH, HE'S STILL REVIEWING THAT SECTION AS WELL, FIVE TO 1.06 DUTY TO KEEP SIDEWALKS

[00:20:01]

AND REPAIR AND REPAIR AND CLEAN.

UM, SO, UH, AND THE LAW DIRECTOR'S MEMORANDUM, HE SAID THAT IN HIS PRIOR EMAIL, WHICH HAD BEEN SHARED WITH THE COMMISSION, UM, THAT HE SAID THAT, UM, THERE IS A TYPO, UH, AS JIM ELLIS INDICATED AND SECTION FIVE 21.06, PARAGRAPH F TWO.

AND IT SHOULD READ WITHIN THOSE 30 DAYS, NOT 10 DAYS AS THE CODE CURRENTLY SAYS, UH, THERE WAS A CONTRADICTION IN THOSE TIMEFRAMES WITHIN THAT SECTION.

UM, I HAD STATED AT THAT MEETING WHEN THIS WAS DISCUSSED THAT, UH, I THINK IT WAS JOE ASKED ABOUT THE ADMINISTRATIVE FEE, UH, WHETHER THAT'S A STANDARD FEE CHARGED BY THE COUNTY WHEN ASSESSING AND YEAH, HE CONFIRMED, UH, THAT STATEMENT I HAD MADE.

AND, UM, HE SAID AS FAR AS THE CURBS AND GUTTERS, THE CITY, EXCUSE ME, BUILDS THE CURBS AND GUTTERS AND REPAIRS THEM ONLY AS PART OF ROAD PROJECTS WHILE THE MAINTENANCE OF NON-SCHEDULED REPAIR OUTSIDE OF A STREET PROJECT IS ON THE BUDDING PROPERTY OWNER.

SO HE, HE SAID HE, OUR POLICY IS A CITY IS TO NEVER REQUIRE A RESIDENT TO MAKE A CURB OR GUTTER REPAIR.

AND AS SUCH, UH, THE CITY CAN REMOVE THE REFERENCES TO CURB AND GUTTER TOTALLY FROM SECTION FIVE TO 1.06, AS IT APPLIES ONLY TO SIDEWALKS AND THAT SECTION.

SO THE GUTTER AND CURB, UH, ISSUE THAT HAD BEEN RAISED, UH, CORRECTLY SHOULD BE REMOVED FROM THAT SECTION.

OKAY, EXCELLENT.

NEXT IS A FIVE SECTION FIVE TO 1.08, ONE LITTERING AND A POSITIVE, GARBAGE AND TRASH, UM, LOL DIRECTOR'S MEMORANDUM, UH, W HE WAS TASKED WITH JUST REVIEWING THAT, TO SEE IF THERE WERE ANY SECTIONS THAT NEED TO BE CHANGED.

UM, HE SAID IT WOULD NOT HURT TO PROVIDE, UM, IN ADDITION, UH, TO THE ABOVE, UM, ADDING A PARAGRAPH, UH, FIVE TO 1.8081 H R READS H WHOEVER VIOLATES THIS SECTION SHALL IN, IN ADDITION TO THE ABOVE, BE GUILTY OF A MINOR MISDEMEANOR, ANY PERSON CONVICTED OF A SECOND OR ADDITIONAL OFFENSE OF THIS SECTION WITHIN TWO YEARS OF THE FIRST DEFENSE SHALL BE GUILTY OF A MISDEMEANOR.

THE FOURTH DEGREE HE ALSO SAID IS, IS LEGALLY BETTER TO, UH, PUBLISH NOTICE IN A NEWSPAPER THAN TO PUT IT ON A WEBSITE.

AND IT IS A TRIED AND TRUE METHOD OF PROVIDING NOTICE IN THE ABSENCE OF ACTUAL SERVICE ON THE INDIVIDUAL.

SO HE DIDN'T THINK THE REFERENCE IN THERE TO, UH, ELIMINATING THE NEWSPAPER, UH, NOTICE, UH, WOULD BE APPROPRIATE, UM, THAT IT'S A MORE LEGALLY DEFENSIBLE, UH, NOTICE, UM, WHEN MADE, RATHER THAN JUST BEING ON THE WEBSITE.

UM, SO THOSE WERE HIS RECOMMENDATIONS FOR CHANGES TO THAT SECTION.

SO THE COMMISSION COULD, UH, AGREE WITH THOSE OR DISAGREE AND LEAVE IT THE SAME, OR WE REQUIRE BOTH, UH, WE REQUIRE BOTH NEWSPAPER AND WEBSITE.

UH, WE COULD BE CURRENT, WE COULD BE CURRENTLY USING WELL, IS THERE KIND OF CONSTRUCTED? BOTH IS RIGHT.

SO WE PUT SUCH NOTICES ON THE WEBSITE.

YEAH, THERE, THERE, THERE ARE NOTICES AND, AND UNDER CONSTRUCTIVE NOTICE, YOU'RE, YOU'RE REALLY, IT'S REALLY BELIEVED THAT YOU SHOULD KNOW THE CODE IT'S IN THE CODE.

SO THE CODE SERVES AS CONSTRUCTIVE NOTICE AS WELL.

IT IS ON THE WEBSITE AS WELL.

OKAY.

ALL RIGHT.

SO DOES THAT WRAP UP A WRAP UP TONY? SO W WE'RE WE WANT TO RECOMMEND ADDING THE SECTION AGE IS, IS THAT WITH THE COMMISSION'S RECOMMENDATIONS? NO OBJECTIONS, NO OBJECTIONS.

I THINK THAT SOUNDS FINE.

OKAY.

AND THEN WE JUST HAVE A COUPLE MORE, UM, SECTION, UM, SECTION FIVE TO 1.10 DUTY TO CUT WEEDS AND GRASS.

THIS WAS ALSO FOR, UH, LEGAL REVIEW AND, UM, THE LAW DIRECTORS MEMORANDUM SAID DEALING WITH WEEDS AND GRASS HAS BEEN SUCCESSFULLY UTILIZED SINCE ITS PASSAGE IN 2014, WITHOUT INCIDENT OR CHALLENGES.

THERE'S A COMMON PROVISION UTILIZED BY MANY COMMUNITIES THAT SAID, HE'S.

HE SAID, HE AGREES THAT SECTION FIVE TO 1.10 E CAN

[00:25:01]

BE AMENDED TO PROVIDE THE LANGUAGE PROPOSED.

AND THEN HE GOES ON TO PROVIDE THAT LANGUAGE UPON NOTICE PRESENTED TO THE DIRECTOR OF PUBLIC SERVICE OR HIS, OR HER DESIGNEE THAT WEEDS AND GRASS ARE GROWING ON LAND AND IN THE CITY AND VIOLATION OF THIS SECTION, THE DIRECTOR, OR HIS, OR HER DESIGNEE, AND THE NAME OF COUNCIL SHALL IN ADDITION TO THE PUBLICATION SET FORTH AND SECTION SUBSECTION D HE ARRIVED CAUSE A PLAQUE OR TO BE CONSPICUOUSLY PLACED ON THE PROPERTY AND SAID, PLACARD SHALL BE OF A SIZE.

AND THEN IT JUST CONTINUES THE REST OF ALL THE LANGUAGE AS IT CURRENTLY STANDS.

I THINK THAT SOUNDS PERFECTLY GOOD.

YEAH.

OKAY.

SO THAT'S ALL THE, THE LEGISLATION REVIEW WORKSHEET STUFF.

ALL RIGHT.

MOVING

[ City Code - Part Seven - Business Regulation Code - Review]

ON TO ITEM THREE, B CITY CODE PART SEVEN BUSINESS REGULATION CODE REVIEW.

SO I DID GIVE THE COMMISSION THE ENTIRE, UM, BUSINESS REGULATION CODE, UH, PART SEVEN.

UM, AND, UH, MR. MACDONALD'S ORIGINAL MEMORANDUM, HE SAID, THIS SECTION IS FULL OF TACTICAL LEGAL REQUIREMENTS AS TO SEXUALLY ORIENTED BUSINESSES, MASSAGE ESTABLISHMENTS AND SOLICITATION, BUT IN GENERAL, MOST OF THESE ITEMS ARE CITY ORDINANCES, NOT IN THE I REVISE CODE THAT CAN BE REVIEWED.

HE SAID HE CAN ANSWER ANY QUESTIONS THAT THE COMMISSION MAY HAVE ON THESE TOPICS, BUT, UH, HE WOULD WANT TO LOOK CLOSELY AT ANY REQUESTED CHANGES DUE TO THE HIGHLY TECHNICAL AMENDMENT ISSUES INVOLVED IN REGULATING THESE ITEMS. OKAY.

YEAH.

WITH HIS COMMENTS TO THAT.

UM, AND BECAUSE OF THE SUBJECT MATTER AND THE LEGALITIES INVOLVED IN THAT, I KIND OF SCANNED THROUGH IT.

I DIDN'T DO A DEEP DIVE ON DOTTED I'S AND CROSS T'S, BUT, UM, I DID REALLY DIDN'T SEE ANYTHING THAT JUMPED OUT TO ME GLARINGLY AS YOU KNOW, THAT NEEDS A, A CHANGE.

AND DID ANYONE ELSE CATCH ANYTHING IN THERE AND STOOD OUT? YEAH.

AND SEVEN 35 OH TWO FOURTH PARAGRAPH.

LET ME SEE IF I WORK MY NOTES RIGHT ON DEFINITIONS.

IS THAT THE OH TWO DEFINITIONS? OKAY.

YEAH.

THE, THE SECTION OF THIS OR THE PART OF THIS THAT'S BEEN MOST RECENTLY CHANGED HAS TO DO WITH THE MASSAGE ESTABLISHMENT.

OKAY.

UM, THAT WAS THE LAST MAJOR CHANGE TO THIS, UH, SECTION OF THE CODE.

AND THAT WAS DONE IN 2018 WHEN, UM, THE REGULATIONS, UH, RELATING, UH, LICENSED MASSAGE, UH, ESTABLISHMENTS VERSUS ON LICENSED MASSAGE STAB ESTABLISHMENTS WAS BROUGHT IN BECAUSE OF THE GLUE PERFORATION OF, UH, YOU KNOW, FUNNY BUSINESS AND CERTAIN AS ENTREPRENEURS.

YEAH, YEAH.

RIGHT.

WELL, MY FIRST, AH, IS ON THE, I THINK THE FOURTH SENTENCE ASSESS THE DEFINITIONS ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY.

I THINK IT WAS SUPPOSED TO BE PURPOSES OR FOCUS SUPPOSED TO BE PLURAL YOU'RE IN SEVEN 45, ONE SEVEN 35 OH TWO DEFINITIONS.

UH, I DON'T KNOW THAT IT CHANGES THE DOESN'T REALLY CHANGE.

YEAH.

I DON'T KNOW THAT IT CHANGES THE MEANING.

I THINK THAT THAT WORK TERM CAN BE USED WITHOUT THE S AND PROVIDE THE SAME MEANING.

YEAH.

ALTHOUGH I DO NOTICE A LOT OF TIMES THAT THE LEGAL AIDS IS KIND OF SOUNDS LIKE IT SHOULD BE PLURAL AND SINGULAR, I THINK LEGALLY YOU SEE MORE SINGULAR.

YEAH.

RIGHT.

UM, I, I AGREE WITH MR. OTTO.

IT COULD PROBABLY BE EITHER WAY, BUT THIS SEEMS LIKE GRIMY AND IT FOLLOWS RIGHT BEHIND IT WITH PURPOSES FOR THE PURPOSES OF THIS CHAPTER.

I'VE USED BOTH.

I'M NOT SURE, YOU KNOW, THAT THAT WOULD WARRANT LEGISLATIVE ACTION AS THINGS CHANGE.

AND THEN ON DEFINITION 10 B UH, IT SAYS ACTIVITIES BETWEEN MALE AND FEMALE PERSONS OR PERSONS OF THE SAME SEX, UM, OR THE TITLE WAS WRITTEN, IT SOUNDS LIKE THAT WAS SUPPOSED TO BE INCLUSIVE OF EVERYBODY BECAUSE EVERYBODY'S EITHER A MALE OR A FEMALE PERSON, OR EVERY COUPLE IS GOING TO BE A MALE AND FEMALE OR A PERSON WITH THE SAME THING.

SO

[00:30:01]

THERE, UM, YEAH, NOWADAYS THAT WOULD BE ABSOLUTELY CLEANED UP.

MAYBE PULL THE MALE AND FEMALE PERSONS AND, OR A PERSON OF THE SAME SEX COMPLETELY JUST HAVE ACTIVITIES BETWEEN PERSONS OR YEAH.

YEAH, YEAH.

AND ONE OR MORE PERSONS, I THINK THAT GETS A LITTLE TOO NARROW.

YEAH.

AND THEN NOWADAYS IN THE NEXT 10 YEARS, MAYBE THAT'S A GOOD CALL.

I THINK COUPLES EVERYBODY.

YEAH.

RIGHT.

YEAH.

SO IT WOULD READ ACTIVITIES BETWEEN PERSONS WHEN ONE OR MORE OF THE PERSONS IS IN A STATE OF NUDITY OR 70 NUDITY.

YEP.

THAT'D BE RIGHT.

I THINK THAT MORIN'S PROBABLY CHANGE.

YEAH, I THINK SO THE CULTURE, I LIKE TO LOOK AT THE DEFINITIONS SEVEN 35 TO SECTION FOUR FOR ADULT MOTEL.

AND THE REASON I'M A LOVE, LIKE TO LOOK AT IT IS BECAUSE IT CLASSIFIES ONE THAT THEY OFFER SEXUAL VIDEO, ET CETERA, THROUGH CLOSED CIRCUIT, AND THEN THE ADVERTISE IT, OR BY MEANS OF ANY OFF PREMISES ADVERTISING, INCLUDING, BUT NOT LIMITED TO NEWSPAPERS, MAGAZINES, PAMPHLETS.

OKAY.

SO MY CONCERN WOULD BE THAT IF I'M A HOTEL OWNER AND I DO HAVE SOMETHING LIKE THAT, AND I'M LISTING THE AMENITIES OF MY HOTEL AND I'M LISTING THE CONTINENTAL BREAKFAST, I'M LISTING THE 35 CHANNELS OF CABLE AND HBO AND CINEMAX.

AND I PUT IN THERE FEATURE FILMS OH.

AND ADULT FILMS ON DEMAND.

AND I PUT THAT IN MY LITTLE BROCHURE THEN DID I ACCIDENTALLY MAKE MYSELF A SEXUALLY ORIENTED BUSINESS BY JUST PUTTING THAT IN THERE WITHOUT THE INTENTION TO DO IT.

AND SUDDENLY I'VE INCURRED ALL THESE FINES, ALL THESE PENALTIES, RISK MY BUSINESS, SHUT DOWN ALL THOSE THINGS, JUST BECAUSE I PUT THAT IN THERE.

AND THAT'S JUST A COMMON THING TO DO TO LIST THE AMENITIES THAT MIGHT APPEAR AT YOUR HOTEL.

WELL, GOOD CATCH.

UH, WOULD THE, HOW WOULD WE DEFINED, UM, WITH CLOSED CIRCUIT TELEVISION TRANSMISSIONS, BECAUSE THAT'S, IT KIND OF DEFINES THE SCOPE TO THE HOTELS WITH CLOSED CIRCUIT TELEVISION, WHERE WOULD I THINK THE CLOSER ONLY APPLIES TO THAT FIRST, UH, TELL THE TRANSMISSIONS, CAUSE IT ALSO REFERS TO PHIL'S MOTION, PICTURES, VIDEO CASSETTES, DIGITAL VIDEO SLIDES, OR OTHER PHOTOGRAPHIC REPRODUCTIONS.

IT'S OTHER TYPES OF MEDIAS.

YEAH.

SO THAT'S JUST ONE TYPE OF MEDIA IS CLOSER CAN TELEVISION, BUT THERE'S OTHER TYPES.

OKAY.

GOTCHA.

I WOULD SUGGEST WE JUST, UH, PASS THAT TO THE ALL DIRECTOR TO CONSIDER WHETHER THAT PARTICULAR SCENE AREA WOULD BE, UM, POTENTIALLY PROBLEMATIC FOR A HOTEL OWNER IF UNDER THE CIRCUMSTANCES YOU OUTLINED.

RIGHT.

BUT, UM, I DON'T KNOW THE ANSWER TO THAT.

I THINK THE INTENT HERE IS TO OBVIOUSLY TARGET SOME OF THE ADULT HOTELS, LIKE, YOU KNOW, THE OLD ONES ON KIWI OR, UH, WHERE THE PRIMARY FOCUS WAS, UH, SEXUALLY ORIENTED MATERIAL AND, UH, BEING USED AS PLACES FOR PROSTITUTION AND SOLICITATION AND THAT SORT OF THING, RIGHT.

WAS GONNA SAY THE SAME THING, TONY, I THINK THE INTENT WAS PROBABLY PRIMARY, THE PRIMARY PURPOSE OF THE HOTEL.

I'VE NEVER HEARD OF ANY OF THOSE THAT YOU MENTIONED HAVE THE PRIMARY PURPOSE.

SO, YOU KNOW, IF THE LAW DIRECTOR CAN SNAP ONTO THAT ONE AND SEE WHAT CHANGES CAN BE MADE.

UH, THE OTHER THING JERRY HAD SAID ABOUT, UM, THIS SECTION WAS THE, ABOUT THE SWEEPSTAKES CAFE BUSINESSES.

I DON'T KNOW IF EVERYBODY GOT THE OPPORTUNITY TO READ THAT PART.

UM, THIS WAS SOMETHING THAT 10 YEARS AGO WAS A REALLY BIG THING IN OHIO COMMUNITIES THAT THESE LITTLE ESTABLISHMENT WOULD POP UP IN THESE LITTLE SHOPPING CENTERS.

AND THEY WOULD HAVE GAMES OF CHANCE WHERE YOU COULD, UH, YOU KNOW, WHEN MONEY WAS EVENTUALLY RULED AS GAMBLING TABS, THEY BUTTON IN REGULATION, THEY HAD MACHINES, TWO FRUIT MACHINES, ONE WAS CALLED TIC-TAC FRUIT, I BELIEVE.

AND SO THEY, THESE HAVE BEEN HEAVILY REGULATED BY OHIO LAW NOW, UH, USED TO BE THAT THEY WERE REGULATED AT THE LOCAL LEVEL.

AND SO, UM,

[00:35:01]

IT'S KIND OF REGULATED MOST OF THESE OUT OF BUSINESS, BUT, UM, HE SAYS IT'S PROBABLY NOT NECESSARY, BUT WE MIGHT JUST WANT TO KEEP IT AS TIME AROUND, STILL IN THERE.

UM, IN CASE, YOU KNOW, SOMEONE FINDS THEM A LOOP VOLTAGE CONTINUE TO TRY TO OPERATE THAT TYPE OF ESTABLISHMENT, BUT IT'S REALLY, YOU KNOW, NOT AS BIG OF AN ISSUE AS IT WAS 10 YEARS AGO, WHEN THE COMMISSION HAD, UH, LOOKED AT THESE CODE SECTIONS.

I DID, I DID SAY THREE GRAMMAR MISTAKES IN THERE.

IF YOU WANT TO LOOK AT THOSE.

UH, SURE.

OKAY.

UH, IN THE SWEEPSTAKES SEVEN 36 OH ONE, A C.

SO WEREN'T THERE, IT SAYS THERE HAS BEEN NUMEROUS INSTANCES OF ILLEGAL GAMBLING.

I THINK IT'S THE, UM, I THINK IT'S, FIRSTLY, THERE HAVE BEEN, UM, IN SEVEN 36 OH TWO DEFINITIONS OPERATOR, UH, MEANS A PERSON OR PERSONS HAVING AUTHORITY TO CONTROL THE PREMISES OF, AND IT SAYS AN SWEEPSTAKES CAFE.

SHOULD IT BE A SWEEPSTAKES CAFE? OKAY.

AND THEN SEVEN 30, SIX OH SIX NATURE OF LICENSES, NUMBER A NUMBER.

HEY, THAT'S, THAT'S MY ERROR.

NOT, UM, ALL THESE OR DO YOU USE, UH, DO THEY POP UP IN THE SPELLING AND GRAMMAR? THEY POP UP WITH A SPELLING AND GRAMMAR CHECKER.

THAT'S TELLING ME, IT'S GOING TO SAY YOU HAVE QUITE AN EYE FOR THE RIGHT.

I'D PROBABLY THIS A LOT OF, UH, OH YEAH.

AT THE VERY END, ONLY ONE PREMISES.

OKAY.

HAVE THOSE NOTED ON THE RECORDING AND I'LL INCORPORATE THEM ANY OTHERS IN THAT SECTION, RYAN, JERRY.

OKAY.

SO, UH, AND THEN CLOSE OUT PART SEVEN, THEN A CLOSE OUT PART SEVEN.

ALL RIGHT.

OKAY.

[ City Code - Part Nine - Streets and Public Services Code - Part 1 - Review]

SO MOVING FORWARD, WE'RE GOING TO, UH, ITEM THREE C CITY CODE PART NINE STREETS AND PUBLIC SERVICES CODE PART ONE REVIEW.

WHERE, WHAT NUMBER ARE WE ON? WHAT ARE WE ON OR NOT? OH, I'M SORRY.

WHEN YOU SAY DONE, WHAT PARTS HAVEN'T I THOUGHT YOU MEANT DONE WITH THE CHAPTER WHERE YOUR W MY APOLOGIES.

OKAY.

WHERE DO YOU SAID YOU WERE DONE WITH PARTS THAT WHEN I THOUGHT YOU MEANT WE WERE DONE WITH THE SWEEPSTAKES SECTION, THE SWEEPSTAKES SECTION, DID YOU HAVE MORE AFTER THAT? BECAUSE WE CAN CERTAINLY JUMP BACK.

YEAH.

I HAVE JUST TWO, TWO, BASICALLY TWO MORE THINGS.

OKAY.

IT, UH, SORRY, SOLICITATION DEFINITIONS ONE.

AH, UM, IT SAYS, UH, AS THE FINE TO THE PERSON, THAT FACT TO FACE CONTACT, I THINK IT'S SUPPOSED TO BE FACE TO FACE CONTACT.

YOU EVER TRIED TO SAY FACE TO FACE WITH THE FACTS? JUST THE FACTS? UM, I WOULD SAY YOU'RE CORRECT.

AND THEN IN THE NEXT CHAPTER MASSAGE THERAPY, UM, PERMIT, UH, SEVEN 30, EIGHT OH THREE, NUMBER EIGHT, NUMBER EIGHT.

SO SOMETHING ABOUT A PRINTED FORM OF A PRINTED FORM, SIGN THE OWNER, I THINK, SUPPOSED TO BE SIGNED BY THE OWNER.

OKAY.

THE NEXT NOTE I HAVE IS ON THE NEXT SESSION OR THE NEXT, YEAH, THE NEXT PART.

SO, ALL RIGHT.

AND, UH, PARDON I NINE? THIS IS A PARTIAL PIECE OF, UH, PART NINE.

UM, WE HAVE ON THE AGENDA SCHEDULED AT THE NEXT MEETING, UH, TO REVIEW PART NINE AS WELL.

SO, UH, THIS WAS LIKE THE FIRST THIRD OR SO OF IT.

AND THEN, UH, THE NEXT MEETING, UM, THE REST OF PART NINE WON'T BE DISCUSSED.

SO IT'S JUST THE INITIAL PART OF THAT, THAT SECTION OR THAT CHAPTER.

DON'T ALL JUMP AT ONCE.

YEAH.

UM,

[00:40:01]

I WILL SAY AGAIN, I DID NOT HAVE THE CHANCE TO DO, I HONESTLY, I DIDN'T EVEN GET INTO NINE, UM, REASON THROUGH IT THAT PROBABLY WOULD HAVE BEEN THE BETTER PLACE FOR ME TO START IN ALL HONESTY.

BUT, UH, I DID NOT GET THAT.

UM, DID

[ Administrative/Process Issues]

MOVING IN, DID ANYONE HAVE ANYTHING DON'T WANT TO BELABOR ALL OF THIS AND ROLL THROUGH EVERYTHING? UM, MOST OF THIS HAS TO DO WITH PERMITS, UM, STREETLIGHT ASSESSMENTS, SIDEWALK, REPAIRS, DRIVEWAY, ACCESS STREET, LIGHTING ASSESSMENTS, YOU KNOW, A GOOD PART OF WHAT WE HAVE HERE, BUT I MEAN, IF, UM, DEPENDS ON HOW PREPARED THE COMMISSIONERS IS TO DISCUSS THIS, UH, THE ALTERNATIVE, IF, IF EVERYBODY WASN'T PREPARED TO DISCUSS THIS TONIGHT, IT WOULD BE TO JUST HAVE THE ENTIRE PART NINE AT THE NEXT MEETING.

UM, THAT'S THE ANXIETY AS WELL, A CHANCE BEING OUT OF TOWN FOR SEVERAL, AND THEN COMING BACK TO A LITANY OF MEETINGS.

AND, UH, BUT JERRY, JOE, BRIAN, DID YOU, YOU GUYS, I HAVE A QUESTION ON ONE OF THE, UM, DON, DID YOU GO AHEAD? OKAY.

ON, UH, LET'S SEE, NINE OH THREE OH TWO NUMBER FOUR TALKS ABOUT, UH, A 84, SOMETHING ABOUT, UH, MAKE ANY IMPROVEMENT OR CHANGE ON THE SURFACE OF ANY STREET.

THEN I TELL HIM I'LL PLACE OUR PAINT, ANY SIGNER ADVERTISING MATTER ON THE SERVICE OF ANY PLACE, PROBABLY A NUMBER FOUR, BUT NOW I'M TRYING TO SAY IT STARTS WITH A, OH, THERE IT IS A FOUR.

UM, MY QUESTION IS HOW HAS THIS, UH, THIS PART EFFECT OF SAY A CHILD DRAWING, UH, WITH SIDEWALK TALK, UM, I'VE SEEN PEOPLE MARK UP THEIR SIDEWALKS WITH, UH, POLITICAL, UM, STATEMENTS.

HOW HAS THIS SECTION AFFECT THOSE PEOPLE? I DON'T KNOW THE ANSWER TO THAT.

UM, OBVIOUSLY THERE'S A COMMON SENSE APPROACH TO THE ENFORCEMENT OF SOME OF THE CODE THINGS.

SO, UM, I THINK, YOU KNOW, POLICE OFFICERS CITING A CHILD FOR A CHALK DRAWING, UM, IS PROBABLY GOING TO BE TREATED DIFFERENTLY THAN, UM, YOU KNOW, IF YOU'RE ADVERTISING YOUR HOME BUSINESS ON THE CURB OF THE STREET IN FRONT OF YOUR HOUSE, THAT'S BEEN PAINTED ON THERE AND, YOU KNOW, THOSE ARE GOING TO BE TWO DIFFERENT LEVELS AND WHERE YOUR VIEWS ON ENFORCEMENT OF THAT PARTICULAR SECTION OF THE CODE.

SO, UM, YOU KNOW, WE COULD LOOK AT THAT MORE.

I, I COULD JUST ASK, UH, I THINK, UH, ANOTHER GOOD TO ME, THE OTHER THING TO NOTE, I'M SORRY.

I KNOW YOUR VOICE THAT THIS IS UNDER THE SECTION PERMIT REQUIRED FOR EXCAVATION OR CONSTRUCTION.

SO, UM, IT SEEMS TO ME THAT, THAT THE REFERENCE IN THAT SECTION FOUR PARAGRAPH FOUR IS, IS TIED TO A PERMIT FOR, FOR EXCAVATION OR CONSTRUCTION OR THAT TYPE OF ACTIVITY.

IT WOULDN'T BE SPECIFIC TO IT, A CHILD DRAWING THERE, SOME, SOME OTHER THING OF THAT NATURE IT'S SPECIFIC TO THE SECTION IN WHICH IT'S CONTAINED.

OKAY.

OKAY.

THAT TYPE OF ACTIVITY.

I JUST HAD ANOTHER EXAMPLE OF PAINT THAT, UH, OFTEN ENDS UP ON THE SIDEWALK SECTION THOUGH.

IT'S REALLY, I THINK MOSTLY MOST OF THE TIME ON THE APRON, IT WOULD BE LIKE THE WARRIOR HEADS.

A LOT OF PEOPLE HAVE THE WARRIOR AND SOMETIMES BECAUSE THE APRON SMALLER, THOSE WILL END UP ENCROACHING ON THE SIDEWALK.

BUT AGAIN, I THINK YOU'RE CORRECT.

AND I THINK THAT'S GOING TO SPEAK BASED ON PERMIT REQUIREMENT FOR EXCAVATION AND CONSTRUCTION, MAYBE, YOU KNOW, THE MARKUPS AND STUFF LIKE THAT.

THEY'RE ON IT, YOU KNOW, PRIOR TO SOMEBODY GETTING A PERMIT, BUT OUT AND MARK AND EVERYTHING UP TO TEAR IT UP AND WHATNOT, I WOULD ASSUME THAT'S HOW I READ IT BECAUSE IT'S A SUBSECTION OF THAT PARTICULAR PART OF THE CAR THAT DEALS WITH PERMITS FOR EXCAVATION AND CONSTRUCTION.

SO I DON'T THINK IT WOULD BE A, UH, YOU KNOW, INTERPRETED TO BE BROADLY APPLIED TO ANY TYPE OF, UH, PAINTING ON A SURFACE OF SUCH KIND.

IT WOULD JUST BE WITHIN THAT CONTEXT.

OKAY.

[00:45:07]

ANY OTHER JOE? THAT'S ALL I GOT JERRY BRIAN, JOHN.

SHE DID NOT.

DID WE WANT TO GO AHEAD AND LEAVE THIS ON HERE FOR NEXT TIME AND JUST SAY, YOU KNOW, WE'LL COME BACK AND IF WE HAPPEN TO PULL SOMETHING OUT OF IT AT THAT POINT, THEN WE'LL GO AHEAD AND CHECK IT OUT.

YEAH.

YEAH.

AND SPEAK TO JOE'S POINT DOWN UNDER, UM, SECTION B TOO, WHEN IT TALKS ABOUT THE PENALTIES, UH, IT'S KIND OF AN INTERESTING SENTENCE TO THE APPROPRIATENESS AND AMOUNT OF THE CIVIL PENALTY.

SO WE, BASED UPON THE PERPETRATORS, DEFIANCE OR INDIFFERENCE TO THE LAW, THE HARM CREATED, AND I GUESS I'M LOOKING AT THERE, WE'VE HAD A RECENT EXAMPLE OF THAT ON A NATIONAL SCALE, YOU PROBABLY READ WHERE THEY PAINTED, FOR EXAMPLE, BLACK LIVES MATTER, UH, PAINTING THE STREET WITH, OR WITHOUT PERMISSION, DEPENDING ON WHAT YOU READ, BUT MAYBE THERE NEEDS TO BE A LITTLE DEEPER DIVE INTO WHAT YOU'RE TALKING ABOUT, JUST TO MAKE SURE THAT WE'RE ON TOP OF THAT.

OKAY.

I'M GLAD YOU BROUGHT THAT UP BECAUSE IT ALSO KIND OF CURIOUS IF IN THE WAY IT READS THE APPROPRIATE NEWNESS AND AMOUNT OF THE CIVIL PENALTY SHALL BE BASED UPON THE PERPETRATOR'S DEFIANCE OR INDIFFERENCE TO THE FALL.

DOESN'T THAT'S NOT KIND OF LIKE A JUDGMENT, SORRY, JUDGE SUBJECTIVE.

IT'S VERY SUBJECTIVE.

YEAH.

BUT IT COULD BE LIKE, IF, IF THE, IF THE GUYS WHO'S DOING AS LIKE, WHY DON'T CARE, I DIDN'T MEET A PERMIT, BUT ARE THERE THE, WHETHER IT BE A CASE WHERE GUYS LIKE, OH CRAP, I DIDN'T REALIZE I NEEDED A PERMIT.

I'LL GO AND DO IT NOW WHILE OTHER SECTIONS ARE VERY SPECIFIC REGARDING FIRST OFFENSE, SECOND OFFENSE, THINGS LIKE THAT.

THIS IS SORT OF A, I HAD A BAD ATTITUDE, SO I GOT A BIG, FINE.

YEAH.

THAT'S WHAT IT SOUNDS LIKE.

BUT ALSO IT MEANS IT'D BE HARDER TO PROVE IN COURT, LIKE TO DEMONSTRATE THE ELEMENTS OF THAT DEFIANCE AND, UM, EVEN FURTHER, UM, TROY, THANKS, JOHN AND STRAWBERRIES IN THEIR STREETS FOR STRAWBERRY FESTIVAL TIPS THAT HE HAS SOMETHING SIMILAR.

I AGREE WITH JOE DIG INTO THIS BIT.

OKAY, COOL.

WELL, THEY'RE ON THE LIST.

SOUNDS GOOD, TOM ON TONY SAYS, BUT YOU KNOW, IT'S COMMON SENSE, BUT WE DON'T KNOW IF PEOPLE FROM US RUN THE CITY 50 YEARS FROM NOW, WE'RE GOING TO HAVE COMMON SENSE.

TRUE.

AND THAT IS AN ODD VERBIAGE.

OKAY.

SO YEAH, WE'LL SAY THAT, UM, WE'RE GOING TO GO AHEAD AND BRING THAT BACK AND IF ANYBODY CAN FIND ANYTHING I'M WANNA, I WANT TO DIG THROUGH IT A LITTLE BIT BECAUSE THIS DOES GO INTO SOME, A LOT OF SPECIFICS.

I THINK IT DESERVES A GOOD READ.

UM, SO WE'LL GO AHEAD AND BRING THAT ONE BACK AND WITH THE OTHER SECTION, AND WOULD WE THEN BE JUST ADDING THE ADDITION THAT THE REST OF PART NINE TO THIS, AND THAT WOULD BE OUR NEXT AGENDA, THE FULL, THE ENTIRETY OF PART NINE.

OKAY.

OKAY.

RIGHT.

SO THAT'S A THREE C AND THE NEXT WOULD BE A 3D ADMINISTRATIVE PROCESS ISSUES.

UH, THE ONLY THING I WOULD HAVE WOULD JUST BE, YOU KNOW, MOVING FORWARD, UH, WE'VE DISCUSSED WHAT THE NEXT MEETING WILL BE.

UH, THE TWO SUBSEQUENT MEETINGS TO THE APRIL MEETING WOULD BOTH FOCUS ON THE PLANNING AND ZONING CODE, WHICH IS PART OF 11, UM, THAT IS RATHER BULKY.

SO THAT WILL BE DIVIDED INTO TWO MEETINGS, UH, TO GO THROUGH THAT.

AND IT'S PROBABLY THE LARGEST SECTION REMAINING IN THE CODE AT THIS POINT IN THE MOST DETAILED AND TACTICAL AS YOU GO THROUGH IT FOR REVIEW.

SO WE'LL SPLIT THAT INTO TWO PIECES, JUST SO THAT, UH, IT'S A LITTLE BIT EASIER TO SWALLOW THAT AMOUNT OF WORK IN BETWEEN THE MEETINGS.

UM, BUT OTHER THAN THAT, UM, I DON'T THINK I HAVE ANYTHING ELSE OR WE, UH, I DON'T HAVE THE DATE OFF THE TOP OF MY HEAD FOR THE NEXT MEETING, BUT IT IS, UH, I WILL SEND OUT THE NOTICE AND THE CALENDAR EVIDATION, EVERYTHING WILL BE ABOUT A MONTH FROM NOW.

YEAH.

IT'S THE THIRD MONTH, THIRD, WEDNESDAY AT SIX 30.

THAT'S IT.

AND THAT'S ONLY QUICKLY, WELL, IT WILL TAKE, I KNOW ONE OTHER JUST COMMENT WHEN WE INITIALLY APPOINTED, UH, EVERYBODY TO THE ORDINANCE REVIEW COMMISSION, UM, WE APPOINTED TO A TERM THROUGH JUNE 30TH OF, UH, 2021, BECAUSE AT THE TIME THE APPOINTMENTS WERE BEING DONE, WE WERE HOPING TO GET THIS UP AND GOING A LITTLE BIT QUICKER.

AND THEN WE HAVE THE YEAR OF CLOCK TICKING, BUT SINCE WE DIDN'T GET STARTED TILL OCTOBER, UM, I WILL NEED TO BREAK BEFORE COUNCIL, THE EXTENSION OF EVERYBODY'S APPOINTMENTS, UH, UP AND UP THROUGH OCTOBER 31ST.

UH, AND THAT WOULD BE THE ONE YEAR PERIOD.

[00:50:01]

SO, UM, JUST LET YOU KNOW, I'LL BE DOING THAT.

UM, UNLESS ANYBODY HAS AN OBJECTION TO HAVING THERE, UH, A POINT WHERE THEY EXTENDED A FEW EXTRA MONTHS TO COMPLETE THE PROCESS.

SO NOT AT ALL MR. FAN, DID YOU HAVE ANY INPUT HERE? NO, SIR.

I'M GOOD TO GO.

YOU'RE GOOD.

ALL RIGHT.

AND HE WAS GLAD TO BE HERE.

ABSOLUTELY.

UH, ANYONE ELSE HAVE ANYTHING TO ADD FOR THE GOOD OF THE ORDER? ALL RIGHT.

THAT BEING SAID, UH, IT IS SEVEN AT 22.

WE'RE UNDER AN HOUR AND WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Speech-to-Text.