[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.
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.
A.
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[1]]
(1)
That said applicant or corporate officers are over
the age of 18 years of age.
(2)
Whether or not said applicant or corporate officers
have ever been convicted of a felony or misdemeanor.
(3)
Whether said applicant or corporate officers have
had any previous experience in the operation of racetracks as defined
herein.
(4)
Copy of the proposed schedule of races for the period
to be covered by such permit if granted.
(5)
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.
(6)
A description of the type of racetrack to be operated
by applicant.
(7)
The number of employees to be employed.
(8)
The name and address of the owner(s) of the land and
the nature of said owners' right of occupancy.
(9)
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.
(10)
Names, addresses and phone numbers of applicants
or corporate officers.
[1]
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.”
B.
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:
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For one day:
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$5
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For one week or any part thereof:
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$15
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For one month or any part thereof over one week:
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$50
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For one year:
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$250
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A.
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.
B.
Such permit may not be sold, assigned, transferred
or otherwise disposed of.
C.
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.
D.
A conviction for any violation of this chapter shall
constitute and effect an immediate forfeiture of the permit granted
under this chapter.
E.
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]
(1)
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.
(2)
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.
A.
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]
B.
Permitted hours of racing.
[Amended 3-20-1995 by L.L. No. 2-1995]
(1)
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.
(2)
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.
(3)
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.
(a)
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.
(4)
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.
C.
Emergency preparedness.
(1)
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.
(2)
There shall be an ambulance on the premises at all
times during racing events. Written copy of contract shall be filed
with application.
D.
Lighting. All parking, spectator pits, racetrack and
refreshment areas shall be adequately lighted so as to ensure safety
of all participants.
E.
Mufflers. All racing vehicles must be fitted and must
be operated with a working muffler.
F.
Health Department permits.
(1)
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.
(2)
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.
(3)
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.
G.
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.
H.
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.
I.
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,[1] shall be the noise limits applied to raceways regulated
by this chapter.
[Amended 3-20-1995 by L.L. No. 2-1995]
(1)
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.
(2)
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.
J.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.)
D.
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.
