[HISTORY: Adopted by the Town Board of the
Town of Wappinger 10-26-1961. Amendments noted where applicable.]
A.
It is hereby determined that the noise created by
the operation of go-carts in the town is excessive and unreasonably
loud and disturbing and is of a character, intensity and duration
at the present time to be detrimental to the peace, welfare and good
order of the people of the town. In addition, go-carts are being rented
for use and are being used at tracks which are being operated in the
town as places of amusement for money or for hire.
B.
Pursuant to the authority granted the Town Board under
§ 130 of the Town Law, the Town Board does hereby enact
this chapter and declares its intent in so doing to regulate and control
the operation of go-carts in the Town of Wappinger in order to protect
and foster the peace, welfare and good order of the people of the
town.
As used in this chapter, the following words
shall have the meanings indicated:
Any vehicle powered by one or more two-cycle or four-cycle
internal combustion engines which each produces 15 horsepower or less,
excluding tractors, agricultural machinery and vehicles used for the
care and maintenance of property.
Any person who charges for the use of real property by go-carts
within the Town of Wappinger.
A device consisting of more than one chamber or more than
three baffle plates, or the equivalent, for the purpose of receiving
exhaust gas from an internal combustion engine and effective in reducing
noise. As used herein, a muffler shall not include any device meeting
the preceding specifications which is equipped with a cutout, bypass
or similar device.
An individual, an association, a partnership or a corporation.
[Amended 9-10-2020 by L.L. No. 3-2020]
This chapter shall apply to the operation of go-carts on all lands, public or private, within the Town except upon a public highway. The use of go-carts shall also be subject to the provisions of Chapter 240 of this Code. Where the provisions of this chapter and those of Chapter 240 may be in conflict, such as with regard to hours of operation, the more restrictive provisions shall govern.
A.
No person shall operate or lease or rent a go-cart
within the Town of Wappinger before the hour of 2:00 p.m. on any day.
B.
No person shall operate a go-cart within the Town
of Wappinger after the hour of 6:00 p.m. on any day, except on Friday
and Saturday, when no person shall operate a go-cart after the hour
of 9:00 p.m.
C.
No go-cart track operator shall permit a person to
operate a go-cart within the Town of Wappinger before the hour of
2:00 p.m. on any day.
D.
No go-cart track operator shall permit a person to
operate a go-cart within the Town of Wappinger after the hour of 6:00
p.m. on any day, except Friday and Saturday, when no go-cart shall
be permitted to be operated after the hour of 9:00 p.m.
A.
No person shall operate a go-cart which is not equipped
with an adequate muffler in constant operation and properly maintained
to prevent any excessive or unusual noise after December 26, 1961.
B.
No person shall lease or rent a go-cart for operation
on property within the Town of Wappinger which is not equipped with
an adequate muffler properly maintained to prevent any excessive or
unusual noise after December 26, 1961.
C.
No go-cart track operator shall permit the operation
of a go-cart without a muffler in constant operation adequate to prevent
any excessive or unusual noise after December 26, 1961.
A.
Any person who commits any act in violation of any
provision in this chapter shall be deemed to have committed an offense
against this chapter and shall be liable for the penalties herein
imposed for such violation. Each act committed in violation of any
provision of this chapter shall constitute a separate offense.
D.
In addition to the above-provided penalties and punishments,
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 this chapter.
[Added 8-18-2003 by L.L. No. 10-2003]
This chapter will be enforced by the Zoning
Administrator, the Building Inspector, the Deputy Building Inspector,
the Fire Inspector, the Deputy Fire Inspector and any police agency
having jurisdiction within the Town of Wappinger.