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:
DECIBEL
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).
PERSON
Any individual, association, partnership, corporation or
other body, group or unit, or combination thereof.
RACETRACK
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.
The applicant's fee for the permit to operate
a racetrack as defined herein is hereby fixed as follows, subject
to the following limitations:
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.
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.