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HomeMy WebLinkAboutOrdinance 4366 i ORDINANCE NO, 4366 AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING MOTOR VEHICLE RACING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of Fayetteville, Arkansas recognizes the value, attraction, and history of motor vehicle racing facilities within and near the corporate limits of Fayetteville; and WHEREAS, the City Council of Fayetteville, Arkansas recognizes and agrees with the Arkansas State Legislature that motor vehicle racing facilities cause noise, air pollution, and traffic congestion; and WHEREAS, many citizens have petitioned the City Council to abate a motor vehicle racing facility as a nuisance because of its late hours of operation and loud noise; and WHEREAS, previous owners and/ or operators of this motor vehicle racing facility were enjoined by the Washington County Chancery Court from operating after 10:00 P.M. because the Chancellor held that the facility's "operation after 10:00 P.M. does constitute a nuisance." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . Finding of Nuisance and Need for Abatement. The City Council of the City of Fayetteville, Arkansas determines and finds that operation of a motor vehicle racing facility is a nuisance to the citizens and city of Fayetteville, Arkansas if operated or used other than as prescribed in Section 2 and, therefore, should be abated by the reasonable regulations required by this ordinance. • • Ord . 4366 Section 2. Abatement of Nuisance. A. All motor vehicle racing facilities shall only be allowed to operate during the period of 10:00 A.M. until 10:30 P.M. B. Except for any make-up race days allowed in subsection C and any special two-day racing events allowed in subsection D, all motor vehicle racing facilities shall only be allowed to operate one day per week and only during the racing session (within the months of March through October). C. If a regularly scheduled race day is rained out or otherwise cannot be held, a make-up race day may be held within the following seven days. D. Special two-day racing events may be held up to five times per racing season in place of the normal one racing day that week. Section 3. Jurisdiction of This Ordinance. Pursuant to A.C.A. §14-54-103(1), this ordinance to abate a nuisance shall be applicable to any and all motor vehicle racing facilities located within the corporate limits of Fayetteville and for one (1) mile beyond the city limits as prescribed in A.C.A. §14-262-102. Section 4. Definitions. A. " Motor vehicle racing facility" for purposes of this ordinance shall mean any facility designed or used for practicing or for competitive racing by automobiles or trucks which are modified for racing or for practice of competitive racing by motorcycles or other motor vehicles. B. "Motor vehicle racing facility" does NOT include facilities such as Lokomotion which only allows its customers to operate its own low powered and quiet vehicles and operates in such a way that it is not a nuisance. Section 5. Penalty. A. Any owner, lessor or lessee of real property upon which is located a motor vehicle racing facility and any operator, manager, or promoter of such facility shall ensure such facility is operated within the limits of this Ord . 4366 ordinance and shall be guilty of a misdemeanor for any violation of the requirements of this ordinance. B. Any driver or operator of a motor vehicle upon a motor vehicle racing facility shall be guilty of a misdemeanor if the driver or operator operates his motorized vehicle in violation of any of the terms of this ordinance. C. Each hour or part thereof in violation of the operational hour limitations of this Ordinance shall constitute a separate violation of this ordinance and shall be punished by a fine up to $500.00. Section 6. Nothing in this ordinance removes or reduces a property owner's right to sue or seek an injunction against any owner or operator of a motor vehicle racing facility if such facility constitutes a private or public nuisance to that property owner. PASSED and APPROVED this the 51h day of February, 2002. APPROVED: By: 1A �4 &24e� DAN COODY, MC F ,d loodruff, City erk NAME OF FILE: Ordinance No. 4366 CROSS REFERENCE: 02/05/02 Ordinance No. 4366 02/11 /02 Memo to Richard Watson, Chief of Police, from Heather Woodruff, City Clerk 03 / 16 /02 Proof of Publication NOTES : MNCROFIL MED 0 ARKANSAS DEMOCRAT-GAZETTE Northwest Arkansas Edition N . W . Arkansas "Times ------- C3enton County Daily Record P.O. nos 1407 P.O. nos 1049 Fayetteville, AR 72702 lianonville. AIL 72712 I'honc: (479) 571 -6400 Phone (479) 271 -7700 Fax: (479) 442- 1760 Fax: (479) 945- 1086 NO. 4366 AFFIDAVIT Or PUBLICATION AN ORDINIANCE TO PREVENT IN- JURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAY- ETTEVILLEBY REGULATING MO- I TOR VEHICLE RACING FACILITIES do solemnly swear that I am Legal SO THATTHESEFACILITIES WILL , NOT BE NUISANCES WHEREAS, the City Council of Clerk of the Arkansas Democrat-Gazette newspaper, printed and published �"a^ractim andh LOgOf "i:eetne ue, s racing aci i end hes within ith mand ond nears In caroaratlet itstofnFay- at Lowell, Arkansas, and that from my own personal knowledge and ant WHEFEAs, he city Council of Fayetteville.Arkehaaa fecognmes and lis with the Arkansas State Leg- reference to the files of said publication, the advertisement of: islsturethatmotorvehiclerxcingfa- cilNias cause noise, air pollution, and r� d K1 ' �s l� , 'Ommmun.. �Oc congestion, dna 1 p��• i� '�t C/J�1 �^1 thisPum o d oanpe o Aa11 -5insanes WHEREAS, many citizens have shall be applicable to any and all motor vehicle City Councity sbatea motor vehicle remits facility as a nui- motor vehicle racing facilities located • sante because of its late hoes of op-,, within the corporate limits of Irromnand bad-ncee;and neicirF v W2lS inserted 3n the regular Cd1hOIlS On: Fayetteville and for one (11 mile WHEREAS, previous owners beyond the cry lim a u prescribed In angor operators of the motor vehicle ACA§14262-102. racingficillt wereenloined by the X2 � Sectbn4. vehicle Fac Washington Caunry Chancery Court X2 A nota vehicle racing facility' from operatiurigumng anter 10:00 P.M. be-, for purposes of this ordinance shall cause the Chancellor held that the sown my facility designed a used fox facility's 'Operation after 10:00 P.M. ick practicing a for competitive racing by does constu,a nuisance.' Publication Charge $ e 7a automobiles or trucks which are NOW, THEflEFORE, BE IT OR. Purchase Order modified for racing or for practice of DAINED BY THE CITY COUNCIL OF compet'tive racing by motorcycles or THE CITY OF FAYETTEVILLE, AR. other motor vehicles. KANSAS; B. 'Mata vehicle recingfactlay' Section 1. Finding of Nuisance Subscribed and sworn to before me this � does NOT include facilities such as and Need for Abatement. customers t which only allows its The City Council of the City of h customers to operate its awn low Fayetteville,thae, peration Of a motor ves d powered and quiet vehicles and finds that operation of a motor va- da of 2002 • operates in such a way that it is not a hide racing facility Is a nuisance to nuisance. the citizens and city of Fayetteville, Section 5. Penalty. Arkansas if operated or used other I A Arryowner, lessor a leasee of than as prescribed in Section 2 and, real property upon which is located a therefore, should be abated by the motor vehicle racing facility and any reasonable regulations required by Notary Puboperator, manag9er, or promoter of the Ordinance such facility shallensure such facility Section 2. Abatement of Nui- My Commissl is operated within the limits of this dance OttIC19I Sealordinance and shall be guilty of a me- A . All motor vehicle racing facili TAMMY ALLEN demeanor for any violation of the in shall only be allowed too state (requirements of the Ordinance. 1 during the period of 10:00 A. until w.�,,.,� B. Any driver Or operator of a 1030 P.M. NotaryPublloArkensas motor vehicle upon a motor vehicle v B, Except for mymaka-up race WASHINGTON COUNTY racing facility shall be guilty of a misdemeanor d the driver or operator My Commission Expires 11-05'21)11 10 states tits motorized veMcle inmy * * Please do be SCnvlolalian of any of the terms of this sppec'alltwOWo-daysWga01"allall"ad adiranu. in subsection D, all motor vehicle C. Each hour or part thereof in racing facilities shall only be allowed violation of the operational hour to operate one day per week and only limitations of this Ordinance shall during the racing session (within the constitute a separate violation of this monthsotMatch though OctOW- ordinance and shall be punished by a C. If a regularly scheduled race fine up to M.00, da is rained al or otherwise cannot Section 6. Nothing in this beheld, a mako-up two day may be ordinance removes or reduces a held whin th following seven days' property owner's fight to we or seeks D, Special lwo-0ay ratios events an injunction against any owner or may be held up to five times per p� operator of a motor vehicle racing ®ping season in place of the normal RFr� tbt � facility it such facility constitutes a met gut - - private yor public nuisance to that Section'3. Jurisdiction of Thus V, . MAR ? !d 2��2 PASSED e d APPROVED this the ; 5th grayotre nM, 2002. CIT)( 01r- r , � . : TPTEDRAsr HeODY, Maya A AN CO the, Maodndt, CIN CLERK'S OFFICE c'dy Clerk March 16, 2002 . . _ l 5661162 . WAL DtArmr ORDINANCE NO, AN ORDINANCE TO PREVENT INJURY OR ANNOYANCE WITHIN THE CORPORATE LIMITS OF FAYETTEVILLE BY REGULATING MOTOR VEHICLE RACING FACILITIES SO THAT THESE FACILITIES WILL NOT BE NUISANCES WHEREAS, the City Council of Fayetteville, Arkansas recognizes the value, attraction, and history of motor vehicle racing facilities within and near the corporate limits of Fayetteville; and WHEREAS, the City Council of Fayetteville, Arkansas recognizes and agrees with the Arkansas State Legislature that motor vehicle racing facilities cause noise, air pollution, and traffic congestion; and WHEREAS, many citizens have petitioned the City Council to abate a motor vehicle racing facility as a nuisance because of its late hours of operation and loud noise; and WHEREAS, previous owners and/ or operators of this motor vehicle racing facility were enjoined by the Washington County Chancery Court from operating after 10:00 P.M. because the Chancellor held that the facility's "operation after 10:00 P.M. does constitute a nuisance." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . Finding of Nuisance and Need for Abatement. The City Council of the City of Fayetteville, Arkansas determines and finds that operation of a motor vehicle racing facility is a nuisance to the citizens and city of Fayetteville, Arkansas if operated or used other than as prescribed in Section 2 and, therefore, should be abated by the reasonable regulations required by this ordinance. � nAl Section 2. Abatement of Nuisance. A. All motor vehicle racing facilities shall only be allowed to operate during the period of 10:00 A.M. until 10:30 P.M. B. Except for any make-up race days allowed in subsection C and any special two-day racing events allowed in subsection D, all motor vehicle racing facilities shall only be allowed to operate one day per week and only during the racing session (within the months of March through October) . C. If a regularly scheduled race day is rained out or otherwise cannot be held, a make-up race day may be held within the following seven days. D. Special two-day racing events may be held up to five times per racing season in place of the normal one racing day that week. Section 3. Jurisdiction of This Ordinance. Pursuant to A.C.A. §14-54-103(1), this ordinance to abate a nuisance shall be applicable to any and all motor vehicle racing facilities located within the corporate limits of Fayetteville and for one (1) mile beyond the city limits as prescribed in A.C.A. §14-262-102. Section 4. Definitions. A. " Motor vehicle racing facility" for purposes of this ordinance shall mean any facility designed or used for practicing or for competitive racing by automobiles or trucks which are modified for racing or for practice of competitive racing by motorcycles or other motor vehicles. B. " Motor vehicle racing facility" does NOT include facilities such as Lokomotion which only allows its customers to operate its own low powered and quiet vehicles and operates in such a way that it is not a nuisance. Section 5. Penalty. A. Any owner, lessor or lessee of real property upon which is located a motor vehicle racing facility and any operator, manager, or promoter of such facility shall ensure such facility is operated within the limits of this ordinance and shall be guilty of a misdemeanor for any violation of the requirements of this ordinance. B. Any driver or operator of a motor vehicle upon a motor vehicle racing facility shall be guilty of a misdemeanor if the driver or operator operates his motorized vehicle in violation of any of the terms of this ordinance. C. Each hour or part thereof in violation of the operational hour limitations of this Ordinance shall constitute a separate violation of this ordinance and shall be punished by a fine up to $500.00. Section 6. Nothing in this ordinance removes or reduces a property owner's right to sue or seek an injunction against any owner or operator of a motor vehicle racing facility if such facility constitutes a private or public nuisance to that property owner. PASSED and APPROVED this the day of January, 2002. APPROVED: By: D 04 DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Heather Woodruff, City Clerk / FROM: Kit Williams, City Attorney(j� DATE: January 16, 2002 RE: Motor Vehicle Racing Facility Ordinance Attached is the final, amended draft of the proposed Motor Vehicle Racing Facilities Ordinance. Since there were several previous slightly different versions, I have written "Final Draft" on this so the City Council will be able to easily locate the ordinance actually under consideration. FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Richard Watson, Chief of Police From : Heather Woodruff, City Clerk Date: February 11 , 2002 Attached is a copy of the ordinance regulating motor vehicle racing facilities. The original will be microfilmed and filed with the City Clerk. cc: Brenda Thiel, Alderman Kit Williams, City Attorney 010 03 City of Fayetteville 2 / 15 / 2002 Update Index Maintenance • 14 : 55 : 06 Document Ite Action Reference Date Ref . Taken Brief Description ORD 2052002 4366 REGULATING MOTOR VEHICLE RACING Enter Keywords . . . . . . . . : ORD . 4366 NUISANCESINJURY CORPORATE LIMITS REGULATING MOTOR VEHICLE File Reference # . . . . . . : MICROFILM Security Class . . . . . . . . : Retention Type : Expiration Date . . . . . . . : * * * * Active Date for Cont / Referred : Name Referred to . . . . . . : Cmdl - Return Cmd8 - Retention Cmd4 - Delete Cmd3 - End Press ' ENTER ' to Continue Cmd5 -Abstract Yes No ( c ) 1986 - 1992 Munimetrix Systems Corp . PETITION We, the undersigned, have been disturbed frequently and late at night by the stockcar racetrack located at 301 E. Willoughby Rd ., Fayetteville, a.k.a. Thunder Valley Speedway. We agree that said stockcar racetrack is a public nuisance, and that the City of Fayetteville should file a lawsuit to enjoin them as such. We, the undersigned, further agree that the owners/managers of said stockcar racetrack should end races at 10 : 00 p.m., should hold races on only one designated day of the week, and should require drivers to install mufflers on all cars racing on the track. Name (printed) Name (signed) Address City Zip � M ' �✓ 3 .s' u). ' r2- ?Nu L o N � 3 2' Z✓ >Qi-1 !%� Cc 07 e 73 ` a(' e4. rn J9 W LJ c/% !" S MIL, ol w Lw u L)� =770 k X aza AICw o L �4MOM 70 L. C � .� . L 7 a Un Nclf3yV 1567 7 - 7d� p: S , 1 ik LI: fV 1ky=l� 5 2�1=> S 7g -sol ?lease return this petition by August 31, 2001 to Ward I Alderman Brenda Thiel, 200 E. Willoughby Rd., 442-3095, or Ward I Alderman Bob (Shifty) Reynolds, P. O. Box 1625, 442-3799.