Those participating in Occupy Buffalo won't have to dole out any cash to continue their encampment in Niagara Square.

The Common Council on Tuesday waived a $500 permit fee for the demonstrators.

City lawmakers — who were split on the issue, with three voting against the waiver — spent about 30 minutes debating the issue in Council Chambers.

Majority Leader Richard A. Fontana, University Council Member Bonnie E. Russell and North Council Member Joseph Golombek Jr. opposed granting the waiver.

"They're sleeping out there every night, and that's against the city ordinances," Fontana said.

Any homeless person caught sleeping in a city park at night would be arrested, the Lovejoy Council member said, noting the pickets should respect the laws of the city.

The lawmaker said the occupiers should respect city taxpayers by not using power or ruining the grass in Niagara Square.

Golombek said his vote against the waiver had nothing to do with the message of the Occupy Buffalo movement. He said the city's going to have to fix up Niagara Square after the demonstrators leave, and taxpayers are going to end up footing the bill.

Russell and Golombek questioned what standard there would be if others request a permit fee waiver.

The measure to waive the fees was sponsored by Council President David A. Franczyk, Niagara Council Member David A. Rivera and Delaware Council Member Michael J. LoCurto.

LoCurto credited Mayor Byron W. Brown and Buffalo police for dealing with the group and not seeing the demonstration escalate into violence.

"The mayor and the administration deserve a lot of credit for letting these people exercise their constitutional rights of freedom of assembly and forming a good relationship with the occupiers," LoCurto said.

abesecker@buffnews.comnull