[HISTORY: Adopted by the Town Board of the Town of Islip 4-17-62.
Amendments noted where applicable.]
[Amended 8-28-62]
By the enactment of this ordinance, the Town Board of the Town of Islip
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
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 Islip so as to protect the life and property of persons in
the vicinity of such events: to prevent unreasonable loud noises, dust, gases
and other noxious or objectionable odors emanating from such tracks, which
could be detrimental to the peace, welfare and good order of the people of
the Town of Islip; 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 ordinance to promote the health,
safety, morals and general welfare of the Town of Islip. 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 Islip does hereby enact the following ordinance.
A.
Terminology. All terminology used in this ordinance,
not defined below, shall be in conformance with applicable publications of
the American National Standards Institute (ANSI) or its successor body.
[Added 8-19-80]
B.
A-WEIGHTED SOUND LEVEL
CONTINUOUS SOUND
DAYTIME
dB(A)
DECIBEL
IMPULSIVE SOUND
L10
LEVEL
NIGHTTIME
NOISE
PERSON
RACETRACK
REAL PROPERTY BOUNDARY
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
As used in this ordinance, the following terms shall
have the meanings indicated:
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.
[Added 8-19-80]
Any sound that is not an impulsive sound.
[Added 8-19-80]
From 7:00 a.m. to 10:00 p.m.
[Added 8-19-80]
The abbreviation for A-weighted sound level in decibels.
[Added 8-19-80]
[Added 8-28-62; repealed 8-19-80]
A sound characterized by brief excursions of sound pressure which
significantly exceed the ambient sound.
[Added 8-19-80]
The A-weighted sound level measured with slow response that is exceeded
ten percent (10%) of the time.
[Added 8-19-80]
The logarithm of the ratio of a quantity to a reference of the same
kind. The base of the logarithm is ten (10). The kind of level and the reference
must be specified.
[Added 8-19-80]
That part of a twenty-four-hour time interval which is not otherwise
defined as daytime.
[Added 8-19-80]
Any sound which annoys or disturbs humans or which causes or tends
to cause an adverse psychological or physiological effect on humans.
[Added 8-19-80]
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 are conducted for the enjoyment or entertainment of the
public or for the gratification of the contestants, which employ gokarts,
stock cars, motor scooters, midget autos, motor-cycles, motor vehicles or
other vehicle propelled by a force other than human energy.
An imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another
person, but not including intrabuilding real property divisions.
[Added 8-19-80]
An oscillation in pressure, stress, particle displacement, particle
velocity, etc., in a medium with internal forces (e.g., elastic, viscous)
or the superposition of such progagated oscillations.
[Added 8-19-80]
The quantity in decibels measured by a sound level meter satisfying
the requirements of American National Standards Specification for Sound Level
Meters S1.4-1971. This publication is available from the American National
Standards Institute, Inc., 1430 Broadway, New York, New York 10018. Sound
level is the frequency-weighted sound pressure level obtained with the standardized
dynamic characteristic "fast" or "slow" and weighting A, B or C; unless indicated
otherwise, the A-weighting is understood.
[Added 8-19-80]
An instrument including a microphone, an amplifier, an output meter,
and frequency weighting networks for the measurement of sound levels. Sound
level meters shall conform to the requirements of ANSI Specification for Sound
Level Meters S1.4-1971, Types 1, 2, S1A or S2A.
[Added 8-19-80]
Twenty (20) times the logarithm to the base ten (10) of the ratio
of the root mean squared pressure of a sound to a reference pressure of twenty
(20) micropascals. The unit applied to this measure shall be the decibel (dB).
[Added 8-19-80]
No person shall operate in the Town of Islip 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 Islip, 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 twenty-one (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 decription 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.
The fee for the permit is hereby fixed at five dollars ($5.) for a permit
to operate a racetrack, as defined herein, for one (1) day; fifteen dollars
($15.) for one (1) week or any part thereof; fifty dollars ($50.) for one
(1) month or any part thereof over one (1) week; or a permit for a year may
be purchased for two hundred fifty dollars ($250.), 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 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 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 operate, manage and be
responsible for the operation of the racetrack for which the permit was granted.
B.
The permittee shall at all times maintain in full force
and effect a comprehensive general liability insurance policy of the type
and in amounts acceptable to the insurance advisor of the Town of Islip. The
permittee shall provide to the Town of Islip a certificate of insurance showing
that the Town of Islip is an additional insured on the policy and that the
Town of Islip will receive at least ten (10) days' notice of cancellation.
[Amended 5-3-83]
C.
The permittee may operate the racetrack for which the
permit is granted on weekdays only between the hours of 9:00 a.m. and 11:00
p.m. and on Sundays only between the hours of 2:00 p.m. and 11:00 p.m.
D.
Go-kart operation. The permittee shall not at any time
allow the operation of any gokart upon the premises unless the same shall
be equipped with a muffler device in effectively good working order, of one
(1) of the following types or equal:
[Amended 5-26-64; 8-19-80]
E.
Noise control
[Amended 8-28-62; 8-19-80]
(1)
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 health, safety, peace, welfare or good order of the people of the Town of Islip or in such a manner as to cause disturbing, noisy, riotous or tumultuous conduct within the Town. Racecars, loudspeakers, announcing devices, horns and other sound-producing devices shall not at any time be operated in violation of Subsection E(2) below.
F.
The permittee shall not at any time allow the operation
of the racetrack for which the permit is granted to be conducted in such manner
as to result in the creation and dissemination through the air to any adjoining
residential areas of the Town of any noxious gases, smoke, fumes, dust or
other objectionable matter in such concentration or volume 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.
Evidence that there is concentration of such matter in any residential area
in excess of part thereof per million parts of air, as measured by an approved
Health Department recorder, shall be deemed to be prima facie evidence of
the violation of this section.
[Amended 8-28-62]
A.
Any person who operates a racetrack in the Town of Islip
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 ordinance,
shall be deemed to have committed an offense against this ordinance and also
shall be liable for said violation or the penalty therefor.
B.
For every violation of any provision of this ordinance
the person violating the same shall be subject to a fine of not more than
one hundred dollars ($100.) or to imprisonment not exceeding thirty (30) days,
or by both such fine and imprisonment.
C.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of the permit.
D.
Any person violating this ordinance shall be subject
to a civil penalty, enforceable and collectible by the Town, in the amount
of one hundred dollars ($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 ordinance.
All ordinances or regulations heretofore adopted in conflict with this
ordinance are hereby repealed.
If any clause, sentence, paragraph, section or part of this ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in the controversy in which such judgment
shall have been rendered.
A.
This ordinance shall take effect ten (10) days after
publication and posting or immediately upon personal service as provided by
§ 133 of the Town Law.
B.
Amendments to this ordinance shall not operate as an
abatement of any action or proceeding pending under or by virtue of any prior
provisions of this ordinance.
[Added 8-19-80]
