An Ordinance Regulating the Operation of "Go-Karts" in the Town of Colesville
Section 1. Legislative Intent.
It is hereby determined that the noise created by the operation of go-karts 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-karts 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 hire.
Pursuant to the authority granted the Town Board under Section 130 of the Town Law, the Town Board does hereby enact this ordinance and declares its intent in so doing to regulate and control the operation of go-karts in the Town of Colesville in order to protect and foster the peace, welfare and good order of the people of the Town.
Section 2. Definitions.
As used in this ordinance
•a. The term "person" shall mean an individual, an association, a partnership, a corporation.
•b. The term "go-kart" shall mean any vehicle powered by one of more two or four cycle internal combustion engines which each produces fifteen horsepower or less, excluding tractors, agricultural machinery and vehicles used for the care and maintenance of property.
•c. The term "go-kart track operator" shall mean any person who charges for the use of real property by go-karts within the Town of Colesville.
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•d. The term "muffler" shall mean 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 cut-out, by-pass or similar device.
Section 3. Application
This ordinance shall apply to the operation of go-karts on all lands, public or private, within the Town, except upon a public highway.
Section 4. Operation of Go-Karts Prohibited During Certain Hours.
•a. No person shall operate or lease or rent a go-kart before the hour of tow o'clock in the afternoon of any day within the Town of Colesville
•b. No person shall operate a go-kart after the hour of six o'clock in the evening of any day, except on Friday and Saturday, when no person shall operate a go-kart after the hour of nine in the evening, within the Town of Colesville.
•c. No go-kart track operator shall permit a person to operate a go-kart before the hour of two o'clock in the afternoon on any day within the Town of Colesville.
•d. No go-kart track operator shall permit a person to operate a go0kart after the hour of six o'clock in the evening of any day, except Friday and Saturday when no go-art shall be permitted to be operated after the hour of nine o'clock in the evening within the Town of Colesville.
Section 5. Operation of Go-Karts Without Mufflers Prohibited After October 1, 1961
•a. No person shall operate a go-kart which is not equipped with an adequate muffler properly maintained to prevent any excessive or unusual noise after October 1, 1961.
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•b. No person shall lease or rent a go-kart for operation on property within the Town of Colesville which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise after October 1, 1961.
•c. No go-kart track operation of a go-kart without a muffler in constant operation adequate to prevent any excessive or unusual noise after October 1, 1961.
Section 6. Violation of Ordinance an Offense; Penalties Therefor
•a. Any person who commits any act in violation of any provision of this ordinance shall be deemed to have committed an offense against this ordinance and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this ordinance shall constitute a separate offense.
•b. For every violation of any provision of this ordinance, the person violating the same shall be subject to a fine of not more than $100.00 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
•c. Any person violating this ordinance shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $50.00 for each such offense.
•d. 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 ordinance.
Section 7. Saving Clause.
If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,
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paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 8. Effective Date.
This ordinance shall take effect ten days after publication and posting or immediately upon person service as provided by Section 233 of the Town Law.
