Town of Wappinger, NY Chapter 145 Go-Carts

[HISTORY: Adopted by the Town Board of the Town of Wappinger 10-26-1961. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 166.

Motor vehicles on town lands — See Ch. 180, Art. I.

Vehicles and traffic — See Ch. 230.

§ 145-1 Legislative findings and intent; statutory authority.

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.

§ 145-2 Definitions.

As used in this chapter, the following words shall have the meanings indicated:

GO-CART

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.

GO-CART TRACK OPERATOR

Any person who charges for the use of real property by go-carts within the Town of Wappinger.

MUFFLER

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.

PERSON

An individual, an association, a partnership or a corporation.

§ 145-3 Applicability of provisions.

[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.

§ 145-4 Hours of operation restricted.

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.

§ 145-5 Mufflers.

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.

§ 145-6 Penalties for offenses.

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.

B. For every violation of any provision of this chapter, the person violating the same shall be subject to a fine in the amount set forth in Chapter 122, Article V, § 122-20R of the Code or imprisonment not exceeding 30 days, or to both such fine and imprisonment.

[Amended 3-22-2004 by L.L. No. 5-2004]

C. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount set forth in Chapter 122, Article V, § 122-20R of the Code for each such offense.

[Amended 3-22-2004 by L.L. No. 5-2004]

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.

§ 145-7 Enforcement.

[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.