[HISTORY: Adopted by the Town Board of the Town of Deerpark 5-6-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
By the enactment of this chapter the Town Board of the Town of Deerpark hereby declares that it is in the interests of the health, safety and welfare of the residents of the Town to regulate the operation of motor vehicle racetracks. This chapter is adopted pursuant to the provisions of the Municipal Home Rule Law and applicable provisions of the Town Law. In so enacting this chapter the Town Board takes notice of the impact that racetracks have on this rural community, particularly with respect to noise.
As used in this chapter, the following terms shall have the meanings indicated:
- The unit of measurement commonly used to measure the sound pressure level as a means of describing the intensity and level of sound, as measured on a sound measuring device known as a “sound level meter,” which meter shall meet the following internationally approved standards: IEC123, DIN 45634 and ANSI S1. 4-1971, Type 2.
- MOTOR VEHICLE
- Any vehicle of static construction propelled by a force other than human energy and shall, for the purposes of this chapter include automobiles, "stock" cars, snowmobiles, motorcycles, "go-karts" and all terrain vehicles (ATV's).
- Any individual, association, partnership, corporation or other body, group or unit, or combination thereof.
- Any ground, area or track upon which races, contests or demonstrations of skill or stunts involving motor vehicles are conducted.
No person shall operate any racetrack, as defined herein, without possessing a permit to operate same as hereinafter provided.
Application to Town Clerk. Any person desiring to operate a racetrack as defined herein may apply to the Town Clerk for a permit therefor. Each applicant shall execute under oath an application for such permit, to be supplied to said applicant by the Town Clerk, containing the following information:
[Amended 3-20-1995 by L.L. No. 2-1995]
That said applicant or corporate officers are over the age of 18 years of age.
Whether or not said applicant or corporate officers have ever been convicted of a felony or misdemeanor.
Whether said applicant or corporate officers have had any previous experience in the operation of racetracks as defined herein.
Copy of the proposed schedule of races for the period to be covered by such permit if granted.
Such other facts or evidence deemed necessary to establish that said applicant is a person fit, qualified and capable of operating a racetrack as herein defined so as to protect the safety, health, morals and welfare of the Town and its inhabitants.
A description of the type of racetrack to be operated by applicant.
The number of employees to be employed.
The name and address of the owner(s) of the land and the nature of said owners' right of occupancy.
A statement that if the permit applied for is granted, applicant will operate the racetrack pursuant to the regulations hereinafter set forth, and a statement that upon failure to comply with such regulations, said permit shall be revoked forthwith.
Names, addresses and phone numbers of applicants or corporate officers.
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, including Sections 20 and 24 of the Town Law, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
Approval of Town Board. Upon receipt of a completed permit application on the form prescribed by the Town Board as herein set forth, the Town Clerk shall cause same to be forwarded to the Town Board, who shall hold a public hearing on the matter within 30 days upon receipt of the completed application. If the Town Board, following its investigation into the fitness of the applicant, finds it in the best interest of the Town to issue said permit, it may do so.
The applicant's fee for the permit to operate a racetrack as defined herein is hereby fixed as follows, subject to the following limitations:
Such permit shall be effective from the date of its issuance until the 31st day of December of the year of its issuance, after which a new application must be made for a permit if permittee desires to continue to operate the racetrack. No public hearing on renewal necessary unless required by Town Board.
Such permit may not be sold, assigned, transferred or otherwise disposed of.
Such permit upon notice may be revoked by the Town Board after a public hearing thereon at which permittee shall have an opportunity to be heard. Upon the revocation of such permit, the permittee shall desist the operation of the racetrack for which the permit was issued.
A conviction for any violation of this chapter shall constitute and effect an immediate forfeiture of the permit granted under this chapter.
The Town agrees to a due process hearing pursuant to Subsection C of this section, on notice, in relation to any violations of the chapter, or this stipulation by the raceway and agrees no license to operate the raceway shall be suspended unless three violations occur and hearings are held thereon. Any suspension by the Town of a permit shall not become effective until the time for an appeal to the Supreme Court expires or an appeal is taken, perfected and determined.
[Added 3-20-1995 by L.L. No. 2-1995]
However, this stay of a suspension of a permit due to an appeal shall not apply if the act determined to be wrong after the administrative hearing is a third and similar act of abuse and wrong unless a stay of said suspension is granted by a court of competent jurisdiction.
It is understood the failure to furnish insurance coverage within 10 days of demand in writing shall not necessitate a hearing for a suspension of their permit, but a hearing will be held on the failure to produce.
Number of racing days. The total number of racing days by the raceway shall be 100 days occurring between and including the last weekend in March of each year and the first weekend in November of each year; that the choice of days shall be made by the raceway.
[Amended 3-20-1995 by L.L. No. 2-1995]
Permitted hours of racing.
[Amended 3-20-1995 by L.L. No. 2-1995]
During the permitted period of racing, there shall be at least five weekends where no racing shall occur on Friday evening after 6:00 p.m. or the following Saturday and Sunday to afford noiseless weekends to neighbors.
That of the 100 days of racing, 80 days of the same shall not have racing or operation of motor vehicles prior to 10:00 a.m. and after 11:00 p.m.; that of the remaining 20 days, operation may commence as early as 8:00 a.m. but terminate by 11:00 p.m., except that of these early starting days, a maximum of 10 days shall be on Sunday.
The raceway agrees to present prior to March 1 of each year a tentative schedule to the Town Clerk which is not deemed binding on the raceway. On or before May 1 of each year, a final schedule shall be filed with the Town Clerk showing racing dates. This shall be subject to change by the raceway due to its contracts with associations and third-party organizations, due to rain or other weather that terminates one or more racing days, or other factors that arise to cause a change in racing days outside the control of the raceway management.
Further, the Supervisor of the Town or a designated person delegated in writing to act for him may agree upon request to amend dates, times and hours within the general provisions of an oral request, the resulting amendment and change to be reduced to writing and signed by the management and the Supervisor within 10 days therefrom. No hearing shall be necessary for the Supervisor to make and agree to amendments and changes in scheduling, time or days at the racetrack.
The raceway shall furnish in writing a monthly report of the days and hours of raceway use and/or operation on the 15th day of the following month and file the same with the Town Clerk.
There shall he at least one separate entrance and exit to be used for emergency use only. The operator of the racetrack shall identify an individual who is an employee or officer of the entity operating said racetrack as responsible for making such additional access passable at all times.
There shall be an ambulance on the premises at all times during racing events. Written copy of contract shall be filed with application.
Lighting. All parking, spectator pits, racetrack and refreshment areas shall be adequately lighted so as to ensure safety of all participants.
Mufflers. All racing vehicles must be fitted and must be operated with a working muffler.
Health Department permits.
Each year an Orange County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the Town to operate said racetrack, and a copy of such permit must be filed with the application as herein set forth.
Each year the applicant shall provide a written statement from the Orange County Health Department that all lavatories and septic facilities on applicant's racetrack premises have been inspected. Said written statement must be presented with the application for a permit as a condition precedent to obtaining a permit from the Town to operate said racetrack.
The number of lavatories, permanent or portable, shall be one unit per 300 participants and/or spectators. Said number shall be determined by the maximum seating and participant capacity of the racetrack.
Dirt and dust. All racetracks shall take measures to control the dissemination of dirt and dust consistent with the legitimate safety needs of the race drivers. Each permit application shall contain a description of the method proposed for controlling said dirt and dust.
Cooperation with public safety agencies. Before any permit will be issued, the applicant must present proof that he has made emergency arrangements with the local fire, rescue squad and police agencies having jurisdiction over the permit premises and has permitted those agencies to inspect the site and drill on the site if they so desire.
Noise suppression. The noise limit standards set forth in the Zoning Law of the Town of Deerpark, adopted January 8, 1990, and as hereafter amended, shall be the noise limits applied to raceways regulated by this chapter.
[Amended 3-20-1995 by L.L. No. 2-1995]
All public address systems in any racetrack shall be shielded in such a way that only the announcer's voice shall be transmitted over the address system, it being the intent of this section to reduce extraneous noise over such public address system to the absolute minimum possible.
A raceway shall replace any trees planted to control noise emission from the raceway which have died and shall conform to the requirements of any existing site plans approved as to plantings, fencings, and other noise suppression control mechanisms or plans.
Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $500,000 for damages in which one person is killed or injured per occurrence and not less than $1,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Deerpark as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the name of the insurance company, the policy number, the term of the policy, the above specified amounts and the name and address of the permittee's insurance agent.
The Town Board, after holding a public hearing, shall have the power to grant exemptions from the specific performance standards herein set forth. Such request for exemption of the regulations shall be submitted with the permit application. The applicant shall specify said exemption requested and the reason therefor. Unless the permit year has commenced.
Any racetrack in existence at the time of the adoption of this chapter shall have 30 days to submit a full and completed application to the Town Clerk to secure action thereon by the Town Board for compliance herewith. Failure to submit such application shall be deemed a violation in all respects of this chapter.
Violations and offenses. Any person who operates a racetrack in the Town without having applied for and been granted a permit to operate same, and any person granted a permit hereunder, who commits or allows any act in violation of the provisions of this chapter shall be determined to have committed an offense and shall be liable for said violation and the penalty therefor.
Penalty and/or fines. For every violation of any provisions of this chapter, the person(s) so convicted shall be subject to a minimum fine of $200 and a maximum fine of $1,000 or imprisonment not to exceed 30 days, or both.
Civil penalty. Any person violating this chapter shall be subject to a civil penalty, enforceable and collectible by the Town in the amount of $100 for each such offense for each day that the offense is permitted to continue. *Such penalty shall be collectible in the name of the Town of Deerpark. (*Together with the Town costs for attorney's fees and disbursements in prosecuting any violations.)
Violation compliance. In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
In the event there are any local laws or ordinances or parts thereof in conflict with any part of this chapter, then this chapter shall apply unless the same is stricter in application to the facts.