[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:
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.
[Added 6-10-1996]
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.
A.
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]
(1)
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.
(2)
Except as otherwise determined by resolution of the
Board of Trustees:
[Amended 2-21-2008 by L.L. No. 1-2008]
(a)
An insurance fee must be paid in advance to the Village Clerk;
(b)
The insurance fee will be as set from time to time by resolution
of the Board of Trustees;
(c)
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
(d)
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.
(3)
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.
(4)
If food is to be sold, proof or compliance with public
health laws shall be submitted.
(5)
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.
(6)
The application can be denied if the Village determines
the proposed use will be disruptive to other users or surrounding
residences and businesses.
(7)
The Village may require traffic control and/or security.
(8)
More than one vendor or activity may be permitted
if it is determined they are compatible.
(9)
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]
(10)
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]
(11)
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.
(12)
All other regulations and laws shall be complied
with.
(13)
Veterans shall not be required to pay a fee
for a permit.
(14)
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.
B.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
No food vendor will be permitted on lawn areas of
parks or public spaces without specific permission of the Board of
Trustees.
(6)
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.
(7)
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.
C.
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:
(1)
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.
(2)
Permit issuance and renewal.
(a)
Conditions for issuance of a permit:
[1]
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.
[2]
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.
[3]
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.
[4]
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.[2]
[2]
Editor's Note: Former Subsection C(3)(a)[5], regarding applications
submitted by nonresidents with seasonal contracts, which immediately
followed, was repealed 2-21-2008 by L.L. No. 1-2008.
(b)
Permits must be renewed annually.
(3)
Penalties for offenses.
(a)
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.
(b)
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.
[1]
Editor's Note: This local law provided an
effective date of 1-1-2006.
D.
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.
