[HISTORY: Adopted by the Town Board of the Town of Rosendale 6-4-1962.
Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 47.
By the enactment of this chapter, the Town Board of the Town of Rosendale
declares its intent in so doing to be to regulate and control the operation
of certain 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 interest of the inhabitants
of the Town of Rosendale 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 Rosendale, 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 Rosendale. 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 Rosendale 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 are conducted for the enjoyment or entertainment of the
public or for the gratification of the contestants, which activities employ
go-carts, 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 Rosendale, 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 Rosendale 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 and containing the following information:
A.
That he is a citizen of the United States over 21 years
of age.
B.
Whether be has ever been convicted of a felony or misdemeanor.
C.
Whether he has had any previous experience in the operation
of racetracks, as defined herein, and such other facts or evidence as may
be 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.
D.
A description of the type of racetrack he intends to
operate.
E.
The number of employees he intends to employ.
F.
The name and address of the owner or owners of the land
and the nature of his right of occupancy.
G.
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 $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 $250, subject to the following limitation:
such permit shall be effective from the date of its issuance until December
31 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 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 $100,000
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 Rosendale as they may appear or as they may subsequently be
determined to exist.
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 9:00
p.m. and on Sundays only between the hours of 2:00 p.m. and 7:00 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 unreasonable, 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 Rosendale or in such a manner as to cause disturbing,
noise, riotous or tumultuous conduct within the Town. Loudspeakers, announcing
devices, horns 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 so toned down, muffled or subdued that
the sound therefrom shall not carry more than 500 feet from the perimeter
of the track in all directions.
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 Rosendale
without having applied for and having 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
$100 or imprisonment for not more than 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 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.
