[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:
A.
Who is not a citizen;
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.
A.
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.
B.
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.
A.
The permittee must personally 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 $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.
C.
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.
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 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.
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 other substance so as to settle such
dust or dirt.
A.
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.
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.[1]
C.
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.
D.
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.
