Town of LeRoy, NY
Genesee County
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[HISTORY: Adopted by the Town Board of the Town of LeRoy 10-29-1962. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 105.
Vehicles and traffic — See Ch. 148.
By the enactment of this chapter, the Town Board of the Town of LeRoy declares its intent in so doing to be to regulate and control the operation of certain commercial racetracks involving go-cart races, stock car races and similar racing events between motor vehicles, motorcycles, motor scooters, midget autos and other vehicles. It is enacted in the interests of the inhabitants of the Town of LeRoy so as to protect the life and property of persons in the vicinity of such events to prevent unreasonably 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 LeRoy 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 LeRoy. 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 LeRoy does hereby enact the following chapter.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any individual, association, partnership, corporation or other body, group or unit or combination thereof.
RACETRACK
Any area on which motorcycles, motorbikes, go-carts, automobiles or any other motorized device is operated in a contest between or among such devices and for which an entrance fee or admission is charged to either the participants or the general public.
[Amended 9-25-1989 by L.L. No. 1-1989]
No person shall operate in the Town of LeRoy any racetrack as defined herein without possessing a permit to operate the same as hereinafter provided.
Any person desiring to operate a racetrack, as defined herein, in the Town of LeRoy shall 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: that he is a citizen of the United States over 21 years of age; whether he has ever been convicted of a felony or misdemeanor; 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; a description of the type of racetrack he intends to operate; the number of employees he intends to employ; the name and address of the owner or owners of the land and the nature of his right of occupancy; and 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.
[Amended 9-25-1989 by L.L. No. 1-1989[1]]
The fee for the permit is fixed in an amount 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 decides to continue to operate the racetrack. 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-25-1989 by L.L. No. 1-1989]
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 $1,000,000 for damages in which one person is killed or injured and not less than $5,000,000 for damages in which more than one person is killed or injured and not less than $500,000 for property damage. Such policy shall bear an endorsement thereon extending the benefits thereof to the interests of the Town of LeRoy as they may appear or as they may subsequently be determined to exist.
C. 
All events must end by 10:00 p.m.
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 sound levels in violation of the restrictions in Chapter 105, Noise, of the Town Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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, beyond the property line, 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 beyond the property line, the permittee shall sprinkle the track and its approaches with water or other substances so as to settle such dust or dirt.
A. 
Any person who operates a racetrack in the Town of LeRoy without having applied for and been granted a permit to operate the same pursuant to the provisions hereof and any person granted a permit hereunder who commits or allows any act in violation of any of the provisions of this chapter shall be deemed to have committed an offense against this chapter and also shall be liable for said violation or the penalty therefor.
B. 
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 9-25-1989 by L.L. No. 1-1989]
C. 
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the permit.
D. 
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.
E. 
In addition to the above-provided penalties and punishment, the Town Board may also 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 such chapter.