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UntitledO' DIIHATTCF, `,GULATI'�,;G TTIF T!, T IViI , T I " RT9 It is hereby determined that the , noise croated by the operation of go_j-:artL, in the Tow ­ is eX(,6sjjv4 and unreasonably loud and disturving and Is of a charnctorq intens. city and duration at tl<,e present time to be detrir.,iontal to the peace$ welfare and good order of the peoplo of the Town. In addit• ions, fro -karts are being, rented for use and are being used at tracks wh1ch are being operated in the Town as places of nrusement for money or for hire. Pursuant to the authority granted the Town Board arldor .leotion 11N 0 of the Tow- Law,, the Town Board does hereby enact thl,s ordinance and declares its intent in so doing; to regul.» at, and control the Operation of go-karts in the Town of Wappin gar in order to protect and Voter the peace* welfare and good order of the 1_-)e,)Ple of the Town* 2* As used in this ordinances (a) The tepzn "person" shall mean an individual$ an association, a partnorshipt a Corporntion, (b) The term "go-kart" shall mean any vehicle Powered by one Or more two Or four cycle internal combustion on• Bines which escj) produces fifteen horsepower or less,, excluding tractors, 0gricUl'oural machinery and vehicles used for the care and maintenance of property. Co) The term "go-kart track operator" shall mean a person who charges for the use Of real property by go-karts within tho Town of V ingerj (d) The tarn "muffler" Shall man a device oonaisti f more than ^ne chamber or more than ttwee baffle - ,olates or the quivalent for the purpose of reaelv"-Inr. exhaust gas from an inter. al oombusition engine and effectivein reducing noise. As used erain a miffier shall not include any device meeting the precede• rW, sped ficatio,118 w1ilch Is equipped with a out -out, by-pass or ir'lliar device. 3, A?PUCATIoil,%, This ordinance shall apply to the opera ion of go- arts on all landa# public or private, whithin the Town xcept upon to public highway. FUXT1111"IT (a) 110 person shall operate or lease or rent a go. art before the hour of two otclock in the afternoon of any day it-hin the Town of Wtappingere (b) "TO PGrSO-n Shall operate a go-kart after the 3 Of Six ofelock in the evening of any day, except on "priday !>aturdays when no ner3in shall operate a go-kart after the of nine in the ova�n.jng within the Town of, Wanpingero (0) No go-Rart track operator shall permit a arson to operate a go-kart before the hour of two o'clock in the f tarnoon on any day within the Town of Wappi rir-er. (d) No go-kart Track operator shall pormit a arson to oporaie a g I ,,okart after the hour Of six o'clock In the vening of any day,, except r1riday and 1,aturday when no go.kart hall be permitted to be operated after the hour or nine o'clock n the eve. --,1 P. within the Town of Wal­pin�gor I 'IPA '71, 11� ,,,,r1,C1TI0N 5,e 0Fi,­,Y?AT!0N OP G0,wK4'1,?T1.� 'WI'ITHOUT MUT PP",IT APTT,'T? December 20th, 1961 4,�­ (a) 1,Jo person shall operate a go-kart which is equipped with an adequate muffler in constant operation and prop ly mintained t- prevent any excessive or unusual nol seg aftter December 26th, 1961* (b) No person shall lease or rent a go-kart for operation on property within the Town of wappinger which is not equipped with an adequate muffler properly maintained to prevent any excessive or unusual noise after December 26sths 19610 (0) No go-kart track operator shall permit the olDo3 ation of a go-kart without a muffler in constant operation adequat3 to prevent any excessive or unusual noise after December 266 1961e 1, , IT 6 1,110TA21,011 OP 07iDINA110E A" * (a) Any person who commits any act in violation of any provision of this ordinance shall be deemed to have commit an offense against this ordinaries and shall TV liable for the penaltio3 here in Imposed for such violation. Each act committed in violation of any provision of this ordingalce shall constitute a separate offense* (b) For every Violation Of any provision of thLS ordinance$ the person voilating the SarW shall be subject to a fine of not more than �100#00 or imprisonment not exeeed11.nr_! 30 days, or by both such fine and i�-,prisorimento (c) Any person violating this ordince, shallb, suject to a civil.,,, rensity snfoMsable and collectable by the Town in the amount of ','A�§.00 for each such offense* (d) In addition to the above provided penalti and punishments the Town Board may also maintain an action or pro 000dinr Ill t1 -1e name of the Town in a court of coMistent jurisdic tion to eonpal compliance with or to restrain by injunction the violation o" such ordinance* -I3VJJJC, C -T If any clauses sentence,, parapraph section or part of this ordinaries shall be adjudged by any court of competent jurisdiction to be Invalid$ such judgement shall not effect, impair or invlidate the remainder thersofs but shall be confined in its operation to the clauses sentences paragraphs, section or part thereof directly Involved in the controversy in which such Judgement shall have been rendered* LECTION 9 DATB� This ordinance shall take of Peet ton days after publication and posting or irswdistely upon personal Zervice as provided by stiction 133 of the Town Law* liy order of the Town Boards Town of New York Town Clerk