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Home My WebLink AboutOrdinance 4386 ORDINANCE NO. 4386 AN ORDINANCE TO ALLOW A SPECIAL 30-YEAR ANNIVERSARY TWO-DAY RACING EVENT AT THUNDER VALLEY RACEWAY WITH CLOSING TIMES OF 11 :30 P.M. WHEREAS, the management of Thunder Valley Raceway has diligently complied with Ordinance #4366 passed February 5, 2002 and operated the track as a good neighbor to the citizens of Fayetteville this year; and WHEREAS, the management of Thunder Valley Raceway has requested a variance of Ordinance #4366 to allow an extra hour of racing time on July 5w and July 61h, 2002, to allow a special 301h anniversary racing event, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby authorizes a one time variance to Ordinance #4366 to allow an extra hour of racing on July 51h and July 61h of 2002, for Thunder Valley Raceway so it can conduct a 30 year anniversary racing event. Therefore, the Thunder Valley Raceway may operate until 11 :30 P.M. on July 5th and July 6th, 2002 without being in violation of Ordinance #4366. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby congratulates Thunder Valley Raceway on its thirty years of providing exciting and entertaining car races for our area and wishes Thunder Valley Raceway continued success in the future. PASSED and APPROVED this the 16h day of April, 2002. APPROVED: B v �rr� DAN COODY, May eer Woodruff, City C]6fk i NAME OF FELE: Ordinance No. 4386 CROSS REFERENCE: 04/16/02 Ordinance No. 4386 04/04/02 Memo to Mayor Coody and City Council Members from Kit Williams, City Attorney, regarding variance to allow racing until 11 :30 p.m. on July 5h & July 6 °, 2002 04/16/02 Staff Review Form 04/19/02 Memo to Kit Williams, City Attorney, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE TO ALLOW A SPECIAL 30-YEAR ANNIVERSARY TWO-DAY RACING EVENT AT THUNDER VALLEY RACEWAY WITH CLOSING TIMES OF 11 :30 P.M. WHEREAS, the management of Thunder Valley Raceway has diligently complied with Ordinance #4366 passed February 5, 2002 and operated the track as a good neighbor to the citizens of Fayetteville this year; and WHEREAS, the management of Thunder Valley Raceway has requested a variance of Ordinance #4366 to allow an extra hour of racing time on July 5w and July 6w, 2002, to allow a special 301hanniversary racing event, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby authorizes a one time variance to Ordinance #4366 to allow an extra hour of racing on July 5th and July 6w of 2002, for Thunder Valley Raceway so it can conduct a 30 year anniversary racing event. Therefore, the Thunder Valley Raceway may operate until 11 :30 P.M. on July 5th and July 6th, 2002 without being in violation of Ordinance #4366. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby congratulates Thunder Valley Raceway on its thirty years of providing exciting and entertaining car races for our area and wishes Thunder Valley Raceway continued success in the future. PASSED and APPROVED this the 161hday of April, 2002. APPROVED: By: oRAFt DAN GOODY, Mayor ATTEST: By: Heather Woodruff, City Clerk ORDINANCE NO. `T 3 �6 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. 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 s • 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: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILE Y� THE CITY OF FAYFTTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council Members FROM: Kit Williams, City Attorney DATE: April 4, 2002 RE: Variance to allow racing until 11:30 P.M. on July 5th & July 61h, 2002 Pursuant to your request at the City Council meeting of April 2, 2002, I have drafted an Ordinance to allow Thunder Valley Raceway to conduct racing until 11 :30 P.M. on July 5th and July 6th. Hopefully the management of Thunder Valley Raceway will continue to operate the track in compliance with our ordinances and come to us early enough so any justifiable variance requests can be properly considered by the City Council. Obviously, the City Council could NOT accommodate Mr. Baker's request to extend racing hours on April 13th. Such a variance of Ordinance 4366 requires passing another ordinance which would not go into legal effect for 31 days (long after the date he requested for a later closing time). Thank you for agreeing to hear Mr. Baker although he was not on your Agenda. I believed he would only ask to extend the closing hour for the thirtieth anniversary racing event in July, and I needed your guidance about whether or not to draft such an ordinance. I was not aware he would ask for a later closing time on April 131h. I would have told him it was too late for such a request. • STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW S GRANT REVIEW F 0 FOR: COUNCIL MEETING OF April 16, 2002 MAYOR'S APPROVAL FROM: Kit Williams Legal City Attorney Name Division Department ACTION REQUIRED: An Ordinance to allow a special 30-year anniversary two-day racing event at Thunder Valley Raceway with closing times of 11 :30 P.M. COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acting Mana Date Internal Auditor Date z70 Z City cmey I Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date �/ New Item: 1 eS No Department Director Date ' �/// Previous Ordinance/ Resolution No.: Acini s a be Seryi s irector D/ � M yor at/ems/ FAYETTEVffLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk o Date: April 19, 2002 Please find attached a copy of Ordinance No. 4386 allowing a special 30-Year Anniversary Two- Day Racing Event at Thunder Valley Raceway with closing times of 11 :30 p.m. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 City of Fayetteville 5 /01/2002 Update findex Maintenance • 16 : 49 : 39 Document Ite Action Reference Date Ref . Taken Brief Description ORD 4162002 4386 SPECIAL 30 -YEAR/THUNDER VALLEY Enter Keywords . . . . . . . . : ORD , 4386 SPECIAL 30 -YEAR ANNIVERSARY TWO -DAY RACING EVENT THUNDER VALLEY RACEWAY CLOSING TIME 11 : 30 P . M . 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 .