[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 8-14-1963. Amendments
noted where applicable.]
By the enactment of this chapter, the Town Board
of the Town of Rotterdam 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 interests of the inhabitants of the Town of Rotterdam
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 Rotterdam,
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 Rotterdam. 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 Rotterdam 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 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 Rotterdam
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 Rotterdam, 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:
A.
Whether he is a citizen of the United States over
18 years of age.
[Amended 3-12-1986 by L.L. No. 4-1986]
B.
Whether he 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 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 requirements hereinafter
set forth and that upon his failure to do so such permit may be revoked
herewith.
[Amended 1-25-1989 by L.L. No. 1-1989]
The fee for the permit to operate a racetrack, as defined herein, shall be as set forth in Ch. 126, Fees. A yearly 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 track. 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 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 $500,000 for damages in which one person is killed or injured
and not less than $1,000,000 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 Rotterdam
as they may appear or as they may subsequently be determined to exist.
[Amended 3-12-1986 by L.L. No. 4-1986]
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.
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 Rotterdam
or in such a manner as to cause disturbing, noisy, 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 or 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 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 operated a racetrack in the Town of
Rotterdam 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 shall be liable for said violation
of the penalty therefor.
B.
Any violation of this chapter by any person, firm
or corporation shall constitute a violation and shall be punishable
by a fine not less than $500 and no more than the sum of $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense. Each subsequent violation will be punishable by
a fine of not less than $1,000 nor more than $2,000 or imprisonment
for a period not to exceed 15 days, or both. Each day of continued
violation shall constitute a separate, additional offense.
[Amended 3-12-1986 by L.L. No. 4-1986; 6-12-2013 by L.L. No.
7-2013]
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 $500 for each such offense. Such penalty shall be collectible
by and in the name of the Town.
[Amended 3-12-1986 by L.L. No. 4-1986]
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.
