[HISTORY: Adopted by the Town Board of the Town of Mount Hope by Ord. No. 1-1963; ratified at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
By the enactment of this chapter, the Town Board of the Town of Mount Hope declares its intent in so doing to be to regulate and control the operation of certain racetracks involving "go-kart" races, stock car races and similar 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 Mount Hope 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 Mount Hope, 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 Mount Hope. 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 Mount Hope 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 or practice therefor are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants which employ "go-karts," stock cars, motor scooters, midget autos, motorcycles, motor vehicles or other vehicles propelled by a force other than human energy.
No person shall operate in the Town of Mount Hope 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 Mount Hope 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: 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 or any regular employee has had any previous experience in the operation of racetracks as defined herein or 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; together with a plan or sketch to scale, showing the race course or courses, entries and exits, location and type of sanitary facilities, and any other pertinent information requested by the Board; the name and address of the owner or owners of the land and the nature of the applicant's 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.
No person shall be issued a permit:
Who is not a citizen;
Who has been convicted of a felony or misdemeanor;
Who lacks previous experience or other evidence indicating capability and qualification to operate such a racetrack, which evidence is satisfactory to the Board as to capability and qualification of the applicants or one or more permanent employees or associates; and
Where no sanitary facilities are established and maintained.
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; $50 for one month or any part thereof over one week; or a permit for a year may be purchased for $200 subject to the following limitation, to wit: such permit shall be effective from the date of its issuance until the 31st day of December of the year of its issuance. A new application must be made for a permit if the permittee desires 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 for any violation of any of the provisions hereinafter set forth in § 175-7 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.
The permittee must personally be responsible for the operation of the racetrack for which the permit is granted.
The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $250,000 for damages in which one person is killed or injured and not less than $500,000 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 Mount Hope as they may appear or as they may subsequently be determined to exist. A copy of such policies shall be deposited with the Town Clerk prior to the issuance of the permit.
The permittee may operate the racetrack for which the permit is granted on weekdays only between the hours of 10:00 a.m. and 9:00 p.m., and on Sundays only between the hours of 2:00 p.m. and 9:00 p.m.
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 Mount Hope or in such a manner as to cause disturbing, noisy, riotous or tumultuous conduct within the Town. Loudspeakers, announcing devices, horns, motor carts and other motor-driven vehicles 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 toned down, muffled or subdued to a reasonable level.
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.
Any person who operates a racetrack in the Town of Mount Hope 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.
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.
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.
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.