[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 1-20-1965 by L.L. No. 1-1965 (Ch. 23 of the 1965 Code). Amendments noted where applicable.]
When used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF TRUSTEES
- The duly constituted Board of Trustees of the Village of
Cazenovia.[Added 2-21-2008 by L.L. No. 1-2008]
- The Clerk of the Board of Trustees and Village of Cazenovia, New York.
- The Mayor of the Village of Cazenovia.[Amended 2-21-2008 by L.L. No. 1-2008]
- Includes any individual, firm, copartnership or corporation or other entity capable of being sued.
- The Village of Cazenovia, New York.
[Amended 4-3-2000 by L.L. No. 1-2000; 2-21-2008 by L.L. No. 1-2008; 12-2-2013 by L.L. No. 8-2013]
In addition to the regulations promulgated in this chapter, the Board of Trustees shall be and hereby is empowered to establish, by resolution, and to amend from time to time by further resolution, regulations as to the hours when the public shall be admitted and allowed to remain in the parks belonging to the Village of Cazenovia and otherwise limit the use of said parks by any person or persons, the equipment of every kind and nature and the operation thereof allowed in the parks, the manner in which foodstuffs left over in said parks from picnics and private parties shall be disposed of, the manner in which fires and bonfires shall be started in the said parks and all other matters related to the use and operation of the Village parks and facilities.
The Village of Cazenovia, through its governing body, the Board of Trustees, hereby adopts regulations governing the use of Village parks and public areas by vendors and organizers of group activities.
Regulations. No vendors or organized group activities are permitted in Village parks or on public property, including all Village-owned buildings and facilities, without a permit. Except as otherwise specifically provided for food vendors in Subsection B below, permits shall be granted only to nonprofit entities or to applicants who demonstrate that no income-generating activity will be conducted upon Village property as a result of the granting of the permit.
[Amended 4-3-2000 by L.L. No. 1-2000; 11-5-2007 by L.L. No. 5-2007; 8-6-2012 by L.L. No. 3-2012]
A signed release for a background check by the Cazenovia Police Department is to be completed. Turnaround time on this check is 24 hours. Fees for background checks by the Cazenovia Police Department will be set from time to time by resolution of the Village Board of Trustees.
Except as otherwise determined by resolution of the Board of Trustees:
[Amended 2-21-2008 by L.L. No. 1-2008]
An insurance fee must be paid in advance to the Village Clerk;
The insurance fee will be as set from time to time by resolution of the Board of Trustees;
A seasonal use permit for more than five events will be as set forth from time to time by resolution of the Board of Trustees; and
Proof of insurance naming the Village of Cazenovia as an additional named insured by a New-York-licensed insurance company shall be required for permits relating to more than five events. An event is one day's activities.
No alcohol shall be permitted unless express written consent is obtained. If alcohol is sold or provided at an event where a fee is charged, the applicant must submit proof of insurance by an insurance company licensed in the State of New York showing the Village as an additional named insured. The proof of insurance shall state that coverage exists for liability arising out of the use of alcohol and shall be in the minimum amount of $1,000,000.
If food is to be sold, proof or compliance with public health laws shall be submitted.
The applicant must submit a detailed description of the applicant's organization, including its status as a for-profit or not-for-profit entity, its organizational purpose and its ownership, and shall also submit a detailed description of the proposed activity to be conducted, including the proposed location and the specific public facilities to be used.
The application can be denied if the Village determines the proposed use will be disruptive to other users or surrounding residences and businesses.
The Village may require traffic control and/or security.
More than one vendor or activity may be permitted if it is determined they are compatible.
An appeal may be taken to the Board of Trustees if an applicant disagrees with the application or interpretation of these regulations. The determination of the Board of Trustees shall be final.
[Amended 2-21-2008 by L.L. No. 1-2008]
Applications shall be granted on a first-come-first-served basis. Permits shall be valid for no more than 12 consecutive months but may be renewed annually. Nonresidents of the Village may request permits from the Clerk to reserve facilities within 30 days of the requested date of use or as otherwise specifically approved by resolution of the Village Board of Trustees.
[Amended 12-2-2013 by L.L. No. 8-2013]
The applicant is responsible for the cleanup, or they will be billed for the cost of cleanup. All trash must be removed by applicant of this permit, this includes charcoal.
All other regulations and laws shall be complied with.
Veterans shall not be required to pay a fee for a permit.
Any other special requests such as the use of tarps, tents or electrical power for music, sound system, etc., must be cleared with the Village Office.
Special regulations for food vendors in Village parks or public areas. All of the provisions of § 119-3A apply to any food vendor desiring to sell, hawk, or peddle any food item(s) or food-related item(s) of any sort on a seasonal, or one-time basis, in a Village park or public area. In addition, the following special requirements also apply to food vendors:
[Added 12-1-2003 by L.L. No. 4-2003]
All food vendors must obtain a seasonal or one-time food vendor's license. These licenses will be issued by the Board of Trustees on a first-come basis, beginning with applications received on or after January 1 of each calendar year. Licenses shall be valid for only a single calendar year and only between May 1 and October 31 of that year.
No more than two food vendor's licenses will be issued for any Village park or public area, and only for locations specifically approved by the Board of Trustees, and upon such conditions, including but not limited to hours of operation, as may be established by the Board of Trustees.
Each food vendor must submit proof of all required insurance coverage, including liability and worker's compensation, as well as a permit from the Madison County Health Department. Insurance coverages shall be in accordance with such terms and conditions as may be established from time to time by resolution of the Board of Trustees. All vendors will be required to have a New York State sales tax certificate.
With the exception of established restaurant businesses with a fixed physical location within a building in the Village of Cazenovia, food vendors shall pay a fee for each food vendor's license in addition to any permit fee required under § 119-3A. License fees will be determined by the duration (seasonal or one-time) of the license, and will be set from time to time by resolution of the Board of Trustees.
No food vendor will be permitted on lawn areas of parks or public spaces without specific permission of the Board of Trustees.
Food vendors shall be responsible for all cleanup and removal of debris and trash from their individual sites and shall provide suitable disposal receptacles for use by patrons.
Food vendors shall be responsible for repair of any damage whatsoever caused by, or in association with, their business in any public park or area. The Village shall have the right at any time and without prior notice to the license holder to repair any damage and invoice the license holder.
Special regulations for use of boat launch in Lakeside Park. The following regulations shall be applicable to the use of the boat launch facilities at Lakeside Park:
[Added 7-5-2005 by L.L. No. 3-2005; 2-21-2008 by L.L. No. 1-2008; 12-2-2013 by L.L. No. 8-2013]
All users of the boat launch must have a valid permit issued by the Village Clerk. The permit shall constitute authorization only for the use of the boat launch at Lakeside Park. Applications for permits shall be submitted on forms prescribed and issued by the Village Clerk. Upon submission of a complete application, Village residents and temporary guests of a hotel, motel, bed-and-breakfast or similar temporary lodging establishment within the Village shall be issued a permit without charge, as shall residents of municipalities that have entered into an intermunicipal agreement with the Village of Cazenovia which provides for the issuance of such permits without charge to said municipalities' residents. All others, as specified by resolution of the Board of Trustees, shall pay a permit fee in such amount as may be determined from time to time by resolution of the Board of Trustees.
Permit issuance and renewal.
Conditions for issuance of a permit:
The application form must be complete, including the applicant's full legal name; telephone number; residence address; trailer make and license plate number; year, make, model, color and license plate number of vehicle(s) which will be towing the trailer; and such other information as may be prescribed by the Village Clerk, accompanied by the appropriate fee, if applicable, and by a photocopy of the applicant's current valid driver's license or other form of positive identification acceptable to the Village Clerk which establishes the applicant's residency.
The application must be received by the Village Clerk, in person, by mail or other delivery service, at least five business days in advance of the requested date of permit issuance.
Operators of a hotel, motel, bed-and-breakfast or similar temporary lodging establishment within the Village shall, upon request, be issued rearview mirror hangtags for use by temporary guests desiring to use the boat launch facilities. Dates of the guest's stay shall be duly noted on the tag by the establishment operator, and the hangtag shall constitute a valid permit only for the dates so indicated.
Permits (other than hangtags) must be permanently attached to the boat trailer in a location where the permit is clearly visible from the rear of the trailer.
Editor's Note: Former Subsection C(3)(a), regarding applications submitted by nonresidents with seasonal contracts, which immediately followed, was repealed 2-21-2008 by L.L. No. 1-2008.
Permits must be renewed annually.
Penalties for offenses.
Any violation of the provisions of this Subsection C shall constitute an offense punishable by a fine of not less than $50 for a first offense, $100 for a second offense and $250 for third and subsequent offenses.
The parking of a boat trailer within the East Lake Road right-of-way, the parking of a boat trailer anywhere within a Village Park outside of a designated boat trailer parking space and/or the towing or parking of any boat trailer within Lakeside Park without the required permit affixed to the trailer or, if applicable, a valid hangtag affixed to the rear-view mirror of the attached motor vehicle shall constitute a prima facie violation of this subsection.
Editor's Note: This local law provided an effective date of 1-1-2006.
In order to protect the public health, safety and welfare, particularly those of children, smoking is prohibited at all times in the following specified park areas, and signs notifying the public of the restrictions shall be posted for the areas:
[Added 7-7-2010 by L.L. No. 4-2010]
[Amended 4-3-2000 by L.L. No. 1-2000]
Any violation of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.