[HISTORY: Adopted by the Town Board of the
Town of Thompson 7-7-1981 by L.L.
No. 5-1981 (Ch. 190 of the 2003 Code). Amendments
noted where applicable.]
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:
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.
[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 fees for a permit to operate a racetrack, as defined
herein, for one day, for one week or any part thereof, or for one
month or any part thereof over one week are as set from time to time
by resolution of the Town Board; or a permit for a year may be purchased
for an amount as set from time to time by resolution of the Town Board,
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.[1]
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.
[Amended 10-21-2003 by L.L. No. 7-2003]
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.
