[HISTORY: Adopted by the Township Council
of the Township of Logan 7-19-1994 by Ord. No. 10-1994. Amendments noted
where applicable.]
B.
No fairground/exhibition ground shall be permitted
to operate unless licensed by the Township of Logan. The license granted
shall be for a term of one year from January 1 through December 31,
inclusive. Only one motor vehicle racing facility license shall be
issued within the Township of Logan for any given year. The annual
fee for the use of a fairground/exhibition ground shall be $1,500,
which fee shall be submitted with the license application. Each applicant,
who shall be the owner, or if the owner is leasing the premises to
a separate operator, shall be the owner and operator as co-licensee,
shall submit the license application proof of liability insurance,
issued by an insurance company licensed to do business within the
State of New Jersey, with coverage for bodily injury and property
damage in the minimum amount of $1,000,000 and naming Logan Township
as an additional insured. Each applicant shall also submit proof that
all property taxes are paid current on the property to be licensed.
Should a licensee fail to keep property tax payments current, the
license shall be immediately suspended until the Township receives
such payment. In the event that the Township of Logan does not issue
a license for the operation of a fairground/exhibition ground, then
the Township Council shall refund 75% of the license fee to the applicant.
[Amended 5-15-2007 by Ord. No. 4-2007]
[Added 5-15-2007 by Ord. No. 4-2007]
In addition to the regulations set forth herein,
the operations of a racetrack/fairground shall comply with all restrictions
imposed by the Logan Township Zoning Board of Adjustment by its grant
of a variance authorizing the use of the property.
A.
The racing season, which includes any racing event
or activity in preparation of a racing event including testing of
cars and practice sessions, shall not exceed nine months per year.
Racing and/or any event or activity involving racing shall only be
conducted for a maximum of two days per calendar week. For the purposes
of this article, a "calendar week" shall be defined as 12:00 a.m.
Friday through 11:59 p.m. Thursday. "Days," for purposes of this article,
are hereby defined as the period from 12:00 noon through 11:30 p.m.
within one calendar day. No race or practice session shall commence
before 12:00 noon. No race shall begin after 11:00 p.m. All practice
sessions must end by 9:00 p.m. The maximum number of days allowed
for racing events shall be 56 per calendar year. In addition to the
56 racing events, the track shall be permitted three additional practice
sessions per year and up to three rain-outs or cancellations of scheduled
events may be rescheduled as practice sessions. Practice sessions,
however, are considered racing events and only two such racing events
shall be conducted per calendar week as noted herein.
[Amended 5-15-2007 by Ord. No. 4-2007]
B.
At least 30 days prior to any day upon which races
are to be held within the township, the promoter shall submit to the
Township Clerk a schedule indicating estimated times of beginning
and completion of any race to be held and the estimated number and
types of motor vehicles expected in such a race. Upon reasonable notice
to the Township Clerk, revisions to the submitted schedule, due to
inclement weather, will be permitted.
[Amended 5-15-2007 by Ord. No. 4-2007]
The license granted by the State of New Jersey
for motor vehicle racing facilities and by the Township of Logan for
fairground/exhibition grounds are for these activities only. No person,
other than the owner/operator of a motor vehicle racing facility licensed
under this article, shall be permitted to camp overnight, and no campers
or trailers, other than one camper or trailer to be used solely by
the owner/operator of a motor vehicle racing facility licensed under
this article, other than those used to tow vehicles, shall be permitted
to remain overnight at either a motor vehicle racing facility or a
licensed fairground/exhibition ground. These restrictions may be lifted
for short-term/temporary uses by resolution of the Logan Township
Mayor and Council.
A.
No practice runs or races shall be permitted at any
time unless operated in full compliance with the New Jersey Motor
Vehicle Race Track regulations (N.J.A.C. 13:62-1.1 et seq.). Among
other requirements, these regulations particularly mandate, before
any race or exhibition of driving skill is to be conducted, the following:
(1)
One vehicle suitable for ambulance purposes available
for immediate use at the licensed location, together with one trained
first aid attendant.
(2)
Class B Underwriter-labeled, approved fire extinguishers
at suitable locations around the track.
(3)
Sufficient security protection to maintain peace and
good order (a sufficient number to be determined in consultation with
the Logan Township Chief of Police).
(4)
Guard personnel furnished by the licensee at each
unlocked gateway between the spectator area and the track and/or pit
areas.
(5)
Guard personnel furnished by the licensee at each
unlocked gateway between the pit area and the track area.
B.
Security personnel shall be present and available
at least two hours before each event, shall remain for the duration
of each event and shall be present until the parking area is clear
after the completion of each event.
C.
Traffic control of ingress and egress to the licensed
premises shall be the responsibility of the licensee. The licensee
shall furnish and provide a suitable number of trained traffic control/security
officers to smoothly and efficiently control traffic before and after
any event. The senior-ranking officer of the Logan Township Police
Department on duty at the time of the event shall make the determination
as to the adequacy of traffic control personnel. Traffic entering
or leaving an event will be by single lane, and a sufficient number
of traffic control officers will be posted at strategic points to
ensure safe ingress and egress for all police, fire and ambulance
vehicles. The licensee shall fully comply with the escrow requirements
of Ordinance 29-2002[1] when use of the Logan Township Police Department is requested
or becomes necessary for traffic control and/or any other type of
police matter.
[Amended 5-15-2007 by Ord. No. 4-2007]
D.
For races/events ending before 6:00 p.m., the parking
area and facility shall be emptied by 9:00 p.m. For races/events ending
after 6:00 p.m., the parking area and facility shall be emptied within
two hours after the end of the last race/event or 1:30 a.m., whichever
is earlier.
A.
All lighting for motor vehicle racing facilities and
fairground/exhibition grounds shall be arranged so that it reflects
only upon the speedway and fairground/exhibition ground and adjacent
parking areas. No lights shall be set up so that they reflect onto
neighboring properties.
B.
A public address system shall be used at any licensed
racing facility or fairground/exhibition ground only on days that
races or exhibitions are being held, and then not before 12:00 noon
nor after 11:30 p.m.
A.
CONTINUOUS AIRBORNE SOUND or CONTINUOUS SOUND
CONTINUOUS SPAN RACECOURSES
DBA
MOTOR VEHICLE
PROMOTER
RACING SURFACE
RESIDENTIAL REAL PROPERTY BOUNDARY
SOUND LEVEL METER
VEHICULAR NOISE LEVEL
The following words, when used in this chapter, shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise:
Sound that is measured by a fast response setting of a sound
level meter.
Those courses or tracks which are formed by a continuous
span of asphalt, clay or dirt with no visible beginning or end, whether
such course or track is circular, elliptical or in any other closed
shape.
The measured sound level expressed in decibels when using
the A-weighted network of a sound level meter.
Any vehicle defined as a motor vehicle under N.J.S.A. 39:1-1.
Such definition shall include but not be limited to all vehicles propelled
otherwise than by muscular power except motorized bicycles as defined
in N.J.S.A. 39:1-1.
Any person organizing or sponsoring a motor vehicle race.
That portion of the race course on which the motor vehicles
actually race.
Any lot line of any lot located in a zone where residential
uses are permitted pursuant to the Township Zoning Ordinance.[1]
The instrument officially designated pursuant to § 126-6F of this chapter for measuring noise and sound levels.
The total amount of noise generated at any time during a
race by the motor vehicles racing in that race.
[1]
Editor's Note: The Land Use and Development
Ordinance is on file in the office of the Township Clerk.
B.
All racing vehicles shall be operated with exhaust
system mufflers and catalytic converters to control exhaust system
noises. The operators of any motor vehicle racing facility within
the Township of Logan shall not permit any motor vehicle to race unless
it is equipped as aforesaid.
C.
The township hereby adopts and promulgates the following
noise emission standards (NES) for motor vehicle racing on continuous
span racecourses, to be measured at any residential real property
boundary:
|
Noise Emission Standard (NES)
| |
|---|---|
|
Maximum Noise Level Limit
(DBA)
|
Maximum Time Duration During
Any Four-Hour Period At That DBA
|
|
78
|
14.4 seconds
|
|
75
|
72.0 seconds
|
|
70
|
6.67 minutes
|
|
68
|
14.4 minutes
|
|
66
|
31.9 minutes
|
|
64
|
53.3 minutes
|
|
62
|
79.9 minutes
|
D.
No person shall, at any time, run or cause to be run
any race on any continuous span racecourse within the township, the
vehicular noise level of which exceeds the NES.
E.
No person shall be charged with exceeding the NES,
except on proof of a measurement of vehicular noise level made in
accordance with the procedure promulgated pursuant to N.J.S.A. 13:1G-6
et seq.
F.
On or before March 1 of each year the Township Clerk
shall post in a public area of the Municipal Building the name, make
and model number of the sound level meter to be used during the next
12 months, together with a description of the basic properties and
features of such equipment and of the manner and procedure by which
all measurements will be made. All measurements taken during the following
12 months shall be taken in the manner and with equipment the description
of which has been posted. No change in equipment or method of measurement
used shall be made during the said twelve-month period except by promulgation
of amendments, not less than 45 days before such change is to become
effective.
G.
The Township Clerk shall provide for the enforcement
of this chapter by township personnel trained in the use of noise
measurement equipment.
The roads leading to the track will be dirt
roads with gravel surfaces. Roads and parking areas will be treated
with water to control dust. Roadways within the licensed premises
shall be sufficiently extended with crushed stone at the ingress and
egress points to control tracking of dirt onto the public roads.
There shall be no storage of explosive materials
on the premises unless specifically licensed by the Township of Logan
for a special event.
[Amended 6-4-2008 by Ord. No. 11-2008]
All alcoholic beverages shall be prohibited
on motor vehicle racing facility and fairground/exhibition grounds
unless expressly permitted by the Mayor and Council of the Township
of Logan via resolution. The use of alcoholic beverages upon the premises
shall require approval from the New Jersey Division of Alcoholic Beverage
Control and shall not exceed one charitable (not-for-profit) event
per year.
A.
A violation of this chapter is punishable by the Logan
Township Municipal Court.
B.
Each violation of this chapter shall be punishable
by a fine of not less than $1,000 nor more than $5,000, and/or imprisonment
for not more than 10 days, and where appropriate, suspension of the
license to operate for up to 30 days, plus court costs.
[Amended 5-15-2007 by Ord. No. 4-2007]
C.
The penalties set forth within this section shall
be in addition to any remedy of any board or agency of Logan Township
or any agency of the State of New Jersey.
A.
Any Logan Township police officer, or the Public Safety Director, is hereby permitted to enter onto any licensed racetrack within the Township of Logan to enforce any of the provisions of this chapter. The Logan Township police are hereby specifically empowered to issue a citation and/or notice of violation of this chapter to the licensee, in accordance with § 126-10 of this chapter, for any race or practice which begins before 12:00 noon or after 11:00 p.m., and the Logan Township police shall promptly investigate each alleged violation of this chapter. In order for the Logan Township Police Department to stop or prevent any race from taking place, it must first seek an injunction through the Logan Township Municipal Court.
B.
A summons shall be issued for each and every violation
of this chapter.
C.
The following persons and/or entities are hereby empowered
to enforce this chapter:
(1)
Any officer, employee or agent of the Township of
Logan designated by the Township Council, provided that said officer,
employee or agent is adequately trained in the use of noise-measuring
equipment; and/or
(2)
Any officer, employee or agent of the Gloucester County
Department of Health, provided that said officer, employee or agent
is adequately trained in the use of noise-measuring equipment.
All prior ordinances relating to the subject
matter of this chapter, including but not limited to Ordinance No.
02-1986, Ordinance No. 03-1985, Ordinance No. 04-1988,[1] are hereby repealed. This chapter shall be deemed to supersede
any and all prior ordinances or regulations made purporting to regulate
motor vehicle racing facilities and/or fairground/exhibition grounds.
[1]
Editor's Note: Appearing in former Ch. 126,
Racetracks and Fairgrounds.
This chapter shall be governed by the laws of
the State of New Jersey.
All sections of this chapter, except § 126-6, Noise control, shall become effective 20 days after final passage, adoption and publication as required by law. Section 126-6, Noise control, shall become effective 20 days after final passage, adoption, publication and approval by the State of New Jersey Department of Environmental Protection and Energy as required by N.J.S.A. 13:1G-21.
