[HISTORY: Adopted by the Town Board of the Town of Rosendale 6-4-1962. Amendments noted where applicable.]
Noise — See Ch. 47.
By the enactment of this chapter, the Town Board of the Town of Rosendale 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 interest of the inhabitants of the Town of Rosendale 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 Rosendale, 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 Rosendale. 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 Rosendale 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 activities 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 Rosendale, 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 Rosendale 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 and containing the following information:
That he is a citizen of the United States over 21 years of age.
Whether be has ever been convicted of a felony or misdemeanor.
Whether he has had any previous experience in the operation of racetracks, as defined herein, and such other facts or evidence as may be 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.
A description of the type of racetrack he intends to operate.
The number of employees he intends to employ.
The name and address of the owner or owners of the land and the nature of his right of occupancy.
A statement that, if granted the permit applied for, he will operate the racetrack pursuant to the regulations hereinafter set forth and that upon his failure to do so, such permit may be revoked forthwith.
The fee for the permit is hereby fixed at $5 for a permit to operate a racetrack, as defined herein, for one day; $15 for one week or any part thereof; $50 for one month or any part thereof over one week; or a permit for a year may be purchased for $250, subject to the following limitation: such permit shall be effective from the date of its issuance until December 31 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 racetrack. 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 the revocation of such permit, the permittee shall desist the operation of the racetrack for which the permit was issued.
The permittee must personally operate, manage and be responsible for the operation of the racetrack for which the permit is granted.
The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $100,000 for damages in which one person is killed or injured and not less than $500,000 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 Rosendale as they may appear or as they may subsequently be determined to exist.
The permittee may operate the racetrack for which the permit is granted on weekdays only between the hours of 9:00 a.m. and 9:00 p.m. and on Sundays only between the hours of 2:00 p.m. and 7:00 p.m.
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 unreasonable, 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 Rosendale or in such a manner as to cause disturbing, noise, 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, muffled or subdued that the sound therefrom shall not carry more than 500 feet from the perimeter of the track in all directions.
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 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.
Any person who operates a racetrack in the Town of Rosendale without having applied for and having 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, also, shall be liable for said violation or the penalty therefor.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $100 or imprisonment for not more than 30 days, or by both such fine and imprisonment.
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the permit.
Any person violating this chapter shall be subject to a civil penalty, enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town.
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.