ARTICLE X. - VEHICLE TRACKS AND AMUSEMENT PARKS
Part of the Code of Ordinances of Scituate, RI.
The text
FOOTNOTE(S):
--- (7) --- refcharter or refcross or refstatelaw Cross reference— Motor vehicles and traffic, Ch. 7; zoning, App. A.
Sec. 6-231. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement park means any tract of land together with the structures located thereon, the principal use of which is to provide a midway of amusement and recreation to the general public.
Track means a tract of land together with the structures thereon, the principal use of which is to provide vehicle racing or driving for public amusement upon payment of a fee.
Vehicle includes any automobile, go-cart, so-called, motorcycle or motor bike or other motor-powered vehicle but does not include bicycles or vehicles drawn by animals or not propelled by a motor.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 11)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 6-232. - Penalty for violations.#
Any person violating any of the provisions of this article shall be punished as provided in section 1-4. Each day's violation shall be considered a separate offense.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 9)
Sec. 6-233. - License required.#
No person shall operate a vehicle track or an amusement park within the town without first obtaining a license to do so.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 1)
Sec. 6-234. - Application for license.#
(a)
Application for the initial issuance of a license required by this article shall be made in writing to the town council and shall be accompanied by the following:
(1)
A metes and bounds description of the proposed location of such track or amusement park and a plat of such proposed location prepared by a licensed surveyor showing the names of all adjoining property owners and the names of all property owners within five hundred (500) feet of the proposed location.
(2)
The names and addresses of the owners of the proposed location and if a corporation the names and addresses of all of its officers, stockholders and directors.
(3)
The names and addresses of the owners of the proposed track or amusement park and if a corporation the names and addresses of all its officers, stockholders and directors.
(4)
A statement of the types of amusements or vehicles to be used at the proposed location.
(5)
A statement of the dates and hours when permission is sought to operate such track or amusement park.
(6)
A filing fee of one hundred dollars ($100.00) to cover the costs of advertising, sending notice, and administering such application.
(b)
An application for the initial issuance of such license shall be filed at least three (3) weeks prior to the regularly scheduled town council meeting at which hearing on such application is sought.
Comment Text (parent not a footnote)(Ord. of 5-9-63, §§ 2, 3)
Sec. 6-235. - Notice of application, hearing.#
Upon the receipt of an application for a license required by this article, the town clerk shall send, by regular mail, notice of such application and the date, time and place for hearing thereon to each of the property owners set forth in section 6-234(a)(1). Such notice shall be sent at least two (2) weeks before the council meeting at which such application is to be considered. In addition the town clerk shall advertise notice of such application and the time, place and date for hearing in the Providence Journal or Evening Bulletin at least once and at least one (1) week before the date set for hearing.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 4)
Sec. 6-236. - Action upon application, conditions for issuance.#
After hearing upon an application for initial issuance of a license under this article, the town council may either grant, refuse to grant or grant with certain conditions the application for such license. The conditions which the town council may impose on the granting of a license are as follows: (1)
That the applicant secure a public liability insurance policy or such other liability insurance as it deems necessary by the town council under the circumstances and in such an amount which is deemed reasonable by the town council.
(2)
That the applicant provide adequate parking facilities.
(3)
That the applicant provide adequate sanitary facilities for the patrons of such park or track.
(4)
That the applicant operate such track or park only within certain times and dates as set by the town council.
(5)
That the applicant provide such first-aid facilities and safety measures as shall be deemed necessary by the town council.
(6)
That the applicant provide for the regulation of noise so that adjoining and nearby landowners and inhabitants will not be unduly disturbed in the use and enjoyment of their property, and in the case of vehicles powered by internal combustion engines that each such vehicle be equipped with a muffler.
(7)
That the applicant provide adequate lighting where night operation is sought.
(8)
That the applicant use such park or track only for certain amusements or vehicles as specified by the town council.
(9)
Such other conditions as the council deems necessary for the protection of the patrons of such tracks or parks and/or the health, safety, welfare and protection of the public, adjoining and nearby landowners and nearby inhabitants.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 5)
Sec. 6-237. - License fee.#
The fee for a license required by this article shall be two hundred dollars ($200.00) annually for amusement parks and vehicle tracks and all licenses shall expire on the thirty-first day of December of each year. Such licenses shall be renewed automatically upon tender of such annual license fee.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 6)
Sec. 6-238. - Application for enlargement of licensed area.#
Any enlargement of the area of any vehicle track or amusement park shall be treated insofar as the enlargement is concerned in the same manner as the application for the initial issuance of a license, and the application shall be made in a similar manner.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 7)
Sec. 6-239. - Revocation, suspension of license.#
After hearing the town council may revoke or suspend the license of any amusement park or vehicle track upon determination of the following: (1)
That the park or track does not conform to the specifications as set forth in its application for a license.
(2)
That the park or track has violated the terms and conditions of its license.
(3)
That the operator of such park or track has sold or has permitted to be sold any intoxicating liquor, wine, beer or narcotic on the premises.
(4)
That the operator of such park or track has permitted solicitation by prostitutes, or gambling on the premises.
(5)
That the park or track does not conform to the health regulations for such parks or tracks established by the state.
(6)
That such park or track is operated in such a way as to constitute a nuisance or that the operator of such park or track has maintained or permitted a nuisance on the premises.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 8)
Sec. 6-240. - Liability of licensee.#
The issuance of a license for the operation of an amusement park or vehicle track shall in no way be construed as an abridgement of the right of any person to prosecute legal action against such track or park on the ground that such track or park constitutes a nuisance; nor is it the intention of this article that the granting of such a license shall in any way affect the question of whether such park or track constitutes a nuisance as to any individual.
Comment Text (parent not a footnote)(Ord. of 5-9-63, § 10)