[HISTORY: Adopted by the Town Board of the
Town of Owego 12-6-1961. Amendments noted where applicable.]
By the enactment of this chapter, the Town Board
of the Town of Owego 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 and other vehicles. This
chapter is enacted in the interests of the inhabitants of the Town
of Owego so as to protect the life and property of persons in the
vicinity of such events, to prevent unreasonable loud noises, dust
and dirt sometimes produced by such tracks, which could be detrimental
to the peace, welfare and good order of the people of the Town of
Owego, 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 Owego. 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 Owego does hereby enact the following
chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
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 are conducted for the enjoyment or entertainment
of the public or for the gratification of the contestants who employ
go-carts, stock cars, motor scooters, midget autos, motorcycles, motor
vehicles or other vehicles propelled by a force other than human energy,
and including the sale of beverages, food, souvenirs and other articles
usually sold at amusement parks by concession or otherwise.
No person shall operate in the Town of Owego
any racetrack as defined herein without possessing a permit to operate
the same, as hereinafter provided, and in accordance with the Town
of Owego Zoning Ordinance.
[Amended 3-17-1981]
Any person desiring to operate a racetrack,
as defined herein, in the Town of Owego may apply to the Town Board
of the Town of Owego, pursuant to the provisions of the Town of Owego
Zoning Ordinance, for a permit therefor. Each such applicant shall
execute under oath an application for such permit containing the following
information:
A.
That he is a citizen of the United States, over 21
years of age.
B.
Whether or not 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 the applicant's 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.
In determining whether or not a permit shall be granted,
the Town Board shall be guided by and shall exercise the powers and
duties granted to such Board by this chapter and by the Town of Owego
Zoning Ordinance. In the event that the application for a permit is
approved by the Town Board, such permit shall be issued and the fees
herein prescribed collected by the Town Clerk.
[Amended 3-17-1981]
B.
The fee for a permit to operate a racetrack, as defined
herein, is hereby fixed at $5 for one day, $15 for one week or any
part thereof or $50 for one month or any part thereof over one week.
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.
C.
Such permit may not be sold, assigned, transferred
or otherwise disposed of. 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 desist 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 in amounts not
less than $500,000 for damages in which one person is killed or injured
and not less than $1,000,000 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 Owego
as they may appear or as they may subsequently be determined to exist.
[Amended 3-17-1981]
C.
The permittee may operate the racetrack for which
the permit is granted on weekdays only 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., and no go-cart, stock car, motor scooter, midget auto,
motorcycle or motor vehicle shall be operated on said track between
the hours of 11:00 p.m. and 9:00 a.m., except motor vehicles which
are used for maintenance.
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, welfare or good order of the people of the Town of Owego 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 a 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 another substance
so as to settle such dust or dirt.
[Amended 3-17-1981; 11-3-2021 by L.L. No. 2-2021]
A.
Any person who operates a racetrack in the Town of
Owego without having applied for and been granted a permit to operate
the same pursuant to the provisions hereof and any person granted
a permit who commits or allows an act in violation of any of the provisions
of this chapter shall be deemed to have committed a violation against
this chapter and shall be liable, for said violation, for the civil
penalty thereof.
B.
Any violation of this chapter shall be accompanied
by a maximum civil penalty of $250.
C.
Conviction of any above-mentioned violation shall
constitute and effect an immediate forfeiture of the permit.
D.
In addition to the above-provided penalties, the Town
Board may also, at its option, 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.
