[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 64
of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 230.
This chapter shall be known and may be cited
as the "Racing Law of the Village of Waterloo, New York."
The general purposes of the provisions of this
chapter are to:
A.
Proscribe conduct which unjustifiably and inexcusably
causes or threatens substantial interference with the health, safety,
welfare, peace and good order of the residents of the Village of Waterloo,
New York.
B.
Give fair warning of the nature of the conduct proscribed
and of the sentences authorized upon conviction.
C.
Define the act or omission and the accompanying mental
state which constitutes each violation.
D.
Ensure the public health, safety, welfare, peace and
good order by preventing the commission of violations through the
deterrent influence of the sentences authorized, the rehabilitation
of those convicted and their confinement when required in the interests
of public protection.
The provisions of this chapter must be construed
according to the fair import of their terms to promote justice and
effect the objects of the law.
A.
The provisions of this chapter shall govern the construction
of and punishment for any violation defined herein committed after
the effective date hereof, as well as the construction and application
of any defense to a prosecution for such a violation.
B.
The provisions of this chapter do not apply to or
govern the construction of and punishment for any violations committed
prior to the effective date of this chapter or the construction and
application of any defense to a prosecution for such violation. Such
a violation must be construed and punished according to the provisions
of law existing at the time of the commission thereof in the same
manner as if this chapter had not been enacted.
C.
The procedure governing the accusation, prosecution,
conviction and punishment of offenders and violations is to be governed
by the Penal Law of State of New York and by the Criminal Procedure
Law of the State of New York.
D.
This chapter does not bar, suspend or otherwise affect
any right or liability to damages, penalty, forfeiture or other remedy
authorized by law to be recovered or enforced in a civil action, regardless
of whether the conduct involved in such civil action constitutes a
violation as defined in this chapter.
The following terms shall have the following
meanings, except where different meanings are expressly specified:
The Board of Trustees of the Village of Waterloo, New York.
The Village Clerk-Treasurer of the Village of Waterloo, New
York.
Any person who owns, operates or owns and operates a vehicle
used in a race.
A person, believing it probable that another person intends
to participate in a race, engages in conduct which provides such person
with means or opportunity to participate in a race and which in fact
aids such person to participate in a race.
To take part in a race as a contestant or to solicit, request,
command, importune or aid any person to engage in a race or to derive
any direct gain or advantage from or on account of a race.
A human being, a public or private corporation, a partnership
or an unincorporated association.
One or more contests to determine the relative traction,
power or speed of vehicles.
Every device in, upon or by which any person or property
is or may be transported or drawn, except devices moved exclusively
by human power or used exclusively upon stationary rails or tracks.
The incorporated Village of Waterloo, New York.
A.
No race shall be held upon public or private property
within the Village unless such race is held pursuant to a permit issued
by the Board of Trustees and unless such race is held in compliance
with each and every term and condition prescribed in such permit.
B.
Participation in a race. Any person who intentionally
participates in a race in violation of the provisions of this chapter
is guilty of a violation pursuant to the Penal Law of the State of
New York.
C.
Facilitation of a race. Any person who intentionally
facilitates a race in violation of the provisions of this chapter
is guilty of a violation pursuant to the Penal Law of the State of
New York.
A.
Authority to issue permits. Except as otherwise provided
in this chapter, the Board of Trustees, upon application of any person,
may issue a permit allowing a race to be held within the Village.
B.
Standards. No permit shall be issued by the Board
allowing a race to be held within the Village unless:
(1)
The person applying for such permit is 18 years of
age or older.
[Amended 7-12-1999 by L.L. No. 3-1999]
(2)
A separate application for each race to be held is
in writing and is in such form as prescribed by the Board.
(3)
Each application is accompanied by a fee as established
from time to time by resolution of the Board of Trustees, which fee
will be refunded if such permit is not issued.
[Amended 7-12-1999 by L.L. No. 3-1999]
(4)
Each application is filed with the Village Clerk-Treasurer
at least 40 days prior to the date upon which the race is to be held.
(5)
The Board determines that each proposed race will
not unjustifiably and inexcusably interfere with the public health,
safety, welfare, peace and good order.
C.
Decision of the Board of Trustees; conditions.
(1)
The Board of Trustees shall render its decision upon
each application not more than 20 days after the application is filed
with the Village Clerk-Treasurer, and the Clerk-Treasurer shall notify
the person applying for the permit, in writing, by ordinary mail,
of the decision of the Board of Trustees not more than two days following
the date thereof.
(2)
In the event that the Board of Trustees shall decide
to issue the permit allowing a race to be held within the Village,
the Board shall issue such permit and shall prescribe therein such
terms and conditions upon which such race shall be held in order to
ensure the public health, safety, welfare, peace and good order.
D.
Conflict with other laws. No provision of this chapter
shall be construed as authorizing the Board of Trustees to issue a
permit allowing a race to be held within the Village if the holding
of such race would otherwise be prohibited by law.
Any person who shall violate any provision of
this chapter shall be guilty of a violation pursuant to the Penal
Law and shall be punishable by a fine not exceeding $250 or imprisonment
for not more than 15 days, or by both such fine and imprisonment.
