[Amended 7-2-1998 by L.L. No. 2-1998]
By the enactment of this chapter, the Town Board
of the Town of Rochester hereby declares that it is in the interest
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 with respect to such matters as number of days
and permitted hours of racing, emergency preparedness and coordination
with public safety agencies, lighting, mufflers, proper food handling
in concession areas, noise, adequate lavatory and septic facilities,
dirt and dust, and liability insurance.
[Amended 7-2-1998 by L.L. No. 2-1998]
As used in this chapter, the following terms
shall have the meanings indicated:
A-WEIGHTED SCALE
The sound pressure level measured by the use of an instrument
with the metering characteristics and A-weighting frequency response
prescribed for sound-level meters.
DBA
Decibels measured on an A-weighted scale.
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: IEC 123, DIN 45634 and ANSI S1.4-1971, Type 2.
LEQ
The sound pressure level averaged over a specific time period.
MOTOR VEHICLE
Any vehicle propelled by mechanical means, including but
not limited to automobiles, stock cars, snowmobiles, motorcycles and
go-carts.
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, except
for one-day tractor and truck pulls.
No person shall operate any racetrack, as defined
herein, without possessing a permit to operate the same as hereinafter
provided.
[Amended 7-2-1998 by L.L. No. 2-1998]
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. Such application must be preceded by the obtaining of a special permit approval from the Town Planning Board pursuant to the requirements of Article
VII of Chapter
140, Zoning, of the Code of the Town of Rochester. 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:
(1) That said applicant is a citizen of the United States;
(2) That said applicant is over the age of 21 years of
age;
(3) Whether or not said applicant has ever been convicted
of a felony or misdemeanor;
(4) Whether said applicant has had any previous experience
in the operation of racetracks as defined herein;
(5) A copy of the schedule of races, including potential
rain dates, for the period to be covered by such permit if granted;
(6) 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;
(7) A description of the type of racetrack to be operated
by the applicant;
(8) The number of employees to be employed;
(9) The name and address of the owner(s) of the land and
the nature of said owner(s) right of occupancy;
(10)
A statement that, if the permit applied for
is granted, the 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 may be revoked forthwith;
and
(11)
A copy of the special permit approval of the
Town Planning Board.
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 the same to be forwarded to
the Town. Board, which 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.
C. Renewal of permit.
(1) Upon the permittee's payment of the appropriate fee in accordance with §
107-5 of this chapter, the Town Clerk is authorized to issue a renewal of an expiring permit or an expired permit, provided that:
(a)
Such permit is valid and in effect or was valid
and in effect on December 31 of the preceding year. However, the Town
Clerk shall not issue a renewal for any permit h has expired more
than 90 days from the submission of the appropriate fee for renewal;
(b)
There are no outstanding notices of violation
issued by the town;
(c)
The Town Board has adopted a resolution approving
the schedule of race dates and rain dates for the upcoming year; and
(d)
The special permit approval by the Town Planning
Board is valid and in effect.
(2) If the permittee proposes any modification to the operation of the racetrack other than to the schedule of race dates, the permittee must apply for a new permit in accordance with the requirements of Subsection
A or
B of this section and any other requirements of the town which apply. This provision shall not apply to the addition of nonracing use(s) on the site as otherwise regulated by Chapter
140, Zoning, of the Code of the Town of Rochester.
[Amended 7-2-1998 by L.L. No. 2-1998]
The applicant's fee for the permit to operate
a racetrack and renewal thereof as defined herein shall be fixed by
Town Board resolution, as such may be modified, from time to time.
Annual permitting shall be subject to the following limitations:
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 or during which an application for renewal must be made pursuant to the requirements of §
107-4C of this chapter, if the permittee desires to continue to operate the racetrack.
B. Such permit may not be sold, assigned, transferred
or otherwise disposed of.
C. If the permittee is convicted of the violation of
any of the terms of this chapter, the permit granted under this chapter
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.
D. Nothing in this section shall prohibit the permittee
from applying for a new permit after the event of revocation.
[Amended 7-2-1998 by L.L. No. 2-1998]
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.