Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson 7-7-1981 by L.L. No. 5-1981 as Ch. 89 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — see Ch. 170.
Snowmobiles — See Ch. 202.
Vehicles and traffic — See Ch. 235.
By the enactment of this chapter, the Town Board of the Town of Thompson declares its intent in so doing to be to regulate and control the operation of certain racetracks involving go-cart races, stock car races and similar racing events between motor vehicles, motorcycles, motor scooters, midget autos, snowmobiles and other vehicles. It is enacted in the interests of the inhabitants of the Town of Thompson so as to protect the life and property of persons in the vicinity of such events, to prevent unreasonable loud noise, dust and dirt sometimes produced by such tracks which could be detrimental to the peace, health, welfare and good order of the people of the Town of Thompson and to prevent the disturbance of the peace and quiet of the Town from the operation of such tracks. In addition, it is the further purpose of the Town Board in enacting this chapter to promote the health, safety, morals and general welfare of the Town of Thompson. Therefore, recognizing the above and the need for regulating the racetracks above described and in the exercise of its police power in these regards, the Town Board of the Town of Thompson does enact the following chapter.
As used in this chapter, the following terms shall have the meanings indicated:
RACETRACK
Any ground, area or track upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants, which employ go-carts, stock cars, motor scooters, midget autos, motorcycles, motor vehicles, snowmobiles or other vehicles propelled by a force other than human energy.
[1]:
Editor's Note: The definition of "person" which appeared in this section was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1-20-2009 by L.L. No. 1-2009]
No person shall operate in the Town of Thompson any racetrack as defined herein without either:
A. 
Possessing a permit to operate the same as hereinafter provided; or
B. 
First obtaining a final site plan approval from the Town of Thompson Planning Board for the racetrack facility, with all racetrack operations limited to the dates, times and under the conditions, if any, provided by such final site plan approval.
Any person desiring to operate a racetrack, as defined herein, in the Town of Thompson may apply to the Town Clerk thereof for a permit therefor. Each such applicant shall execute under oath an application for such permit to be supplied to him by the Town Clerk containing the following information:
A. 
That he is a citizen of the United States over 21 years of age.
B. 
Whether he has ever been convicted of a felony or misdemeanor.
C. 
Whether he has had any previous experience in the operation of racetracks, as defined herein, and such other facts or evidence deemed necessary to establish that he is a person fit, qualified and capable of operating a racetrack, as defined herein, so as to protect the safety, health, morals and welfare of the Town and its inhabitants.
D. 
A description of the type of racetrack he intends to operate.
E. 
The number of employees he intends to employ.
F. 
The name and address of the owner or owners of the land and the nature of his right of occupancy.
G. 
A statement that, if granted the permit applied for, he will operate the racetrack pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such permit may be revoked forthwith.
A. 
The fee for the permit is hereby fixed at $5 for a permit to operate a racetrack, as defined herein, for one day, $15 for one week or any part thereof, or $50 for one month or any part thereof over one week, or a permit for a year may be purchased for $250, subject to the following limitation: 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 the permittee desires to continue to operate the racetrack.
B. 
Such permit may not be sold, assigned, transferred or otherwise disposed of.
C. 
Such permit may be revoked by the Town Board after a public hearing thereon at which the permittee shall have an opportunity to be heard. Upon the revocation of such permit, the permittee shall refrain from the operation of the racetrack for which the permit was issued.
A. 
The permittee must personally operate, manage and be responsible for the operation of the racetrack for which the permit is granted.
B. 
The permittee shall at all times maintain in full force and effect a public liability insurance policy with limits of $100,000 for damages in which one person is killed or injured and $300,000 for damages in which more than one person is killed or injured. Such policy shall bear an endorsement thereon extending the benefits thereof to the interests of the Town of Thompson as they may appear or as they may subsequently be determined to exist. If the permittee is not the owner of the property upon which the racetrack, as defined herein, is located, then in that event such policy shall bear a further endorsement thereon extending the benefits thereof to the owner of said property.
C. 
The permittee may operate the racetrack for which the permit is granted between the hours of 9:00 a.m. and 11:00 p.m. and on Sundays only between the hours of 2:00 p.m. and 11:00 p.m.; provided, however, that such Sunday restriction shall not apply to the operation of a racetrack on real property known as the "Holiday Mountain Ski Center."
[Amended 7-3-2001 by L.L. No. 8-2001]
D. 
The permittee shall not at any time allow the operation of the racetrack for which the permit is granted to be conducted in such a manner as to cause unreasonably loud or disturbing noises of such a character, intensity or duration as to be detrimental to the peace, health, welfare or good order of the people of the Town of Thompson or in such a manner as to cause disturbing, noisy, riotous or tumultuous conduct within the Town. Loudspeakers, announcing devices, horns and other noise-producing devices shall not at any time be operated in such manner as to disturb the occupants of the premises in the vicinity of the racetrack and shall be so toned down, muffled or subdued that the sound therefrom shall not carry more than 500 feet from the perimeter of the track in all directions.
E. 
The permittee shall not at any time allow the operation of the racetrack for which the permit is granted to be conducted in such a manner as to allow the creation and dispensing through the air to the adjoining areas of the Town of noxious odors, fumes, smoke or dust of such density or concentration as to be detrimental to the health, peace, welfare and good order of the people of the Town or as to hurt, destroy or deface the property of the inhabitants of the Town. If any event is being conducted at any time upon the racetrack for the operation of which a permit has been issued hereunder when the ground or surface of the track or of the approaches thereto is so dry as to cause dirt or dust to be stirred up either by the racing vehicles or by vehicles transporting spectators to or from the racetrack and to be blown or to drift to adjacent areas, the permittee shall sprinkle the track and its approaches with water or other substance so as to settle such dust or dirt.
No racetrack, as defined herein, shall be permitted if there is a residence or residences, other than the residence or residences of the permittee, located within 500 feet from the boundary of the property on which such racetrack is located. This provision can be waived upon application to the Town Board.
A. 
Conviction for any violation of this chapter shall constitute and effect an immediate forfeiture of the permit.
B. 
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. Such penalty shall be collectible by and in the name of the Town.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).