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.
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S MIL, ol w Lw u L)� =770
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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.