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:
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 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:
B. Who has been convicted of a felony or misdemeanor;
C. 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
D. Where no sanitary facilities are established and maintained.