continued Under the proposed law, the code enforcement officer may require the applicant to provide certification that written notice being sent to every adjoining property owner. The CEO also has the discretion to waive the application requirements under “appropriate conditions.”
The law also states that the granting of a special events permit is “a privilege and not a right,” and may be denied, revoked, suspended or modified if the applicant fails to comply with any aspect of the law. The law sets forth nine specific conditions on which a permit may be revoked, suspended or modified by the CEO.
Penalties for violating the special events law are the same as for the noise ordinance: A fine of not more than $500 for the first offense, with subsequent offenses fined at not more than $2,500 per offense. If the violation is “continuing in nature,” each one-hour period of violation will constitute a separate, additional and distinct offense, according to the law. The proposed penalty also includes, however, the remedy that the town may take the applicant to court to “compel compliance with or to restrain by injunction” for violating the law.
The proposed laws would not affect the village of Cazenovia, only the town of Cazenovia outside of the village limits, Zupan said.
Peter and Nancy Muserlian, owners of Owera Vineyards, attended the board meeting last week and raised concerns about the proposed laws. Peter Muserlian told the board, “I feel the noise ordinance and public event law violate Section 305-A [coordination of local planning and land use decision-making with the agricultural districts program] of the Ag and Markets Law.”
Nancy Muserlian also said she had “lots” of changes she would recommend to the town’s proposed law.
Juanita Critz, co-owner with her husband Matt of Critz Farms, also attended the May 12 meeting, after which she said she said she and her husband support the noise ordinance but think the proposed special events law is unnecessary.