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HomeMy WebLinkAbout1180ORDINANCE NO. / An Ordinance of the City of Kent, Washington, providing for the licensing and regulation of race courses in the City of Kent; providing for the payment of fees for said licenses; providing for the revocation of such licenses; and providing penalties for the violation 3 j� thereof . 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENT as follows: 5 Section 1. Definition of terms. 6 a. Motor Vehicles. The term "motor vehicle" shall mean every 7 self-propelled device in, upon, or by which any person or property 8 is or may be transported. 9 b. Muffler. The term "Muffler" means a device consisting of a 10 series of chambers, baffles or other mechanical designs for the purpose 11 ,of receiving exhaust gasses from an internal combustion engine and 12 effective in reducing noise resulting therefrom. 13 c. Race Course. The, term "race course" shall mean any course 14 wherein . anya,,��MPP 18r races, time tests, drag races, automobile 15 performances, or stunts, or speed, power or endurance tests of - 16 f16 other activities are conducted. i3 1 17 d. Person. The term "person" shall be held and construed to 18 mean and include natural parsons of either sex, firms, co -partnerships 19 and corporations, whether acting by themselves, by servant, agent or, s 20 'employee. The singular number shall include the plural, and the i 21 L sculine pronoun shall include the feminine. 22 Section 2. License Required -- Fee. It shall be unlawful for any �I 23 �erson to own, operate, or maintain a race course without first 24 having obtained a license so to do, to be known as a "race course 25 �icense". The..fee for a race course licenseshall be and the same is 26 Y�ereby fixed at 5% of the gross income of such activity, based 27 on the prior calendar year's receipts and income; provided that the E� 28 license fee for the initial commencement of operation shall be �wenty-five 29 ($25.00) Dollars. Such license shall be renewed annually 30 'n the lst of each calendar year. k 31 Section 3. Application. Application for such license shall be gaade to the City upon such form or forms as shall be required by they 5� 7 i! f !i lication for such license shall contain City for this purpose. The app 1 the following information: 2 a. Name and address of applicant, age and date of birth. 3 b. Location of race course and legal description of property. 4 C. Description of activities to be conducted at the race course 5 including: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1. Type and approximate number of motor vehicles to be operated theeeon at one time. 2. Time such race course if to week courseted to beoth hours operated),I, of operation and days o 3. Whether such activity is to be conducted as a public amusement. Section 4. Prohibitions and Restrictions. a. age of licensee. No license shall be issued to any applicant unless he shall be over the age of 21 years. b. Muffler Required. No person holding a license under this ordinance shall permit the operation of any motor vehicle upon tj►t;is race course unless the same is equipppd, with an a dgquate muffler of standard or proper size and capacity for the make of such motor vehicle. -Plan-Policing-Bond. c. Liability Insurance./ No person holding a license under this ordinance shall operate a race course, and no person shall receive a license to own, operate and maintain a race course unless,prior to the issuance of such license and prior to the issuance of a building permit for that portion of any structure or building in which the racing activities are actually conducted, or in which a place is provided for spectators to observe the racing activities,; he shall: 1. Procure from a responsible liability insurance com- !' papy a policy of liability insurance to protect the i patrons, customers, employees and participants from loss or damage sustained as a result of the activities of the applicant conducted on or within the confines of the property for which license is soug ht, such for policy to provide minimum limits of $000 o� ta--ofi..person, per accident or ncident causing injury, death to more than one person, and $25,000 property damage. A copy of j such policy shall be delivered to the City prior Ih to the issuance of a license and annually thereafter at least thirty (30) days prior to application for renewal of the license. i3 2. In order to insure a safe, free and unimpeded flow b it of traffic to and from the race course, su m a careful and comprehensive plan to the City showing in detail the proposed layout of the entire develop- ment and including the avenues of vehicular and pedestrian ingress and egress from the property, including such special additional means of access to and from existing streets and highwa-ps within the 2. surrounding area as may be deemed necessary. Such plans shall show the place of installation 1 of traffic controls necessary to permit the flow of traffic freely automatingC signal lights, 2 con- trols shall include and go signs,safety islands, channelization of existing 3 highways to permit left turns and acceleration lanes., Such plans shall also include utilitiesmethod includingplace Water, 4 of connection to existing sewer, storm drainage, light and power, telephone, gas and such other utilities as are contemplated 5 thereon, and the method of lighting all parking areas if the same are to be utilized during the hour s S of darkness. 7 3• In order to provide for the health, safety and j 8 general welfare of the public and to lessen the j need for special police protection and control by by the City, present a plan which shall comprehen- 9 sively inform the appropriate administrative officials of the special safety deviees, including fences, 10 i screens, barricades and other devices, to be providedito 11 protect the spectators from flying, commonitogsuchor roperng vehicles, wheels or other objec 12 ations; set forth the plan for fire protection and preventive devices to be installed to protect against, ° the hazards of fire and explosion of volatile gases 13 or vehicles; outline the plan for policing the premisgs 14 i. including the number of personnel to be so utilized II to eliminate the use of intoxicating liquors, gam- bling and other forms of vice which may become 15 associated with such operation if not properly policed. 16 `j 4. Provide the City with a performance bond in the sum 17 of $10,000 to insure the construction of traffic facilities, safety devices and utilities set forth 18 herein, and to assure the provision of the proper !� policing personnel to control and police activities 19 of patrons and participants, such bond to be subject ii to forfeiture to the City in the event of non- 20 ;4 compliance with the requirements of such plan as may be required upon the issuance of license pro- 21 vided for herein. 22 (a) At the discretion of the City, such bond may be released after construction of the 23 race course, the facilities required and six months of operation of the activity. 1 24 Section 5. Inspection. The application for license, together 25 ith any accompanying plan, specifications, insurance policies, I 25 bonds, or other supporting documents, shall be referred to the 27 Chief of Police and the City Engineer. The Chief of Police and i 28 he City Engineer shall investigate the application, the location 1 29 Jf the race course and the proposed facilities, to ascertain if 30provisions have been made for the protection of the $ 1 J�dequate residents of the City, including prospective udin spectators, neighboring; ;property owners, participants, and any persons utilizing adjoining 1 ;',streets, alleys and sidewalks, ascertain whether the location 2 !where it is proposed to operate such race course is properly 3 `zoned for the activity, whether the prospective plans of operation i 4i ;of such activity is proper with respect to the location of such 5 ;activity and whether the applicant has complied with all other 6 i 'municipal regulations of the City of Kent. The report of the 7 ;;Chief of Police and of the City Engineer, together with the 8 !application for license and all supporting plans, specifications, 9 ;; 1 ;policies, bonds and other supporting documents shall thereupon ! 10 be referred to and delivered to the City Council Police Committee. 11 The City Council Police Committee shall thereupon review the 12 Fj ;application and all supporting documents and the reports of the 13 ;City Engineer and the Chief of Police, and shall thereupon either 14 ;approve or disapprove of the application. If the Committee approves 15 Ithe application, the license, upon payment of the requisite fee 16 'therefor, shall be issued by the City Clerk. Should the application 17 l !,�e disapproved by the said Committee no license shall issue. 18 `4 Section 6. Licenses not transferable. No license issued under 19 !the provisions of this ordinance shall be transferable or assignable. 20 Section 7. Revocation of license. Every license issued under 1 21 !this ordinance is subject to the right which'is hereby expressly 22 ,reserved upon the part of the City to revoke the same should the 23 !licensee directly or indirectly permit the operation of the race i 24 �tourse contrary to the provisions of this ordinance, of the license; ti 25 il ssued thereunder, other ordinances of the City of Kent, or the ! 26 flaws of the State of Washington. Said license may be revoked by k f' 27 lihe City Council after written notice to the licensee, which notice', 28 11hall specify the ordinance or law, or permit violations, with. 29 1hich the licensee is charged, if after a hearing a -licensee is !. w 30 found to be guilty of such violations. Ten (10) days notice of j 31 the hearing shall be given to the licensee. At such hearing the licen- lee and his attorney may present and submit evidence or witnesses E� ;j I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 in his defense. Section 8. Penalties. Any person violating any of the provisions of this ordinance, in addition to the revocation of XXW license, . 0shall be tto a fine or penalty of not more than Three -hundred i .'($300.00)Dollars, or to imprisonment in the City Jail for not to ' , exceed 90 days, or to both such fine and imprisonment. I Section 9. Severability of provisions. Each of the provisions ,of this ordinance is severable, and if any provision is held ;invalid, the remaining provisions shall not be affected but shall �Iremain in full force and effect. �fi 1 Section 10. Effective Date. This ordinance shall be in full force !;and effect five (5) days from and after its passage, approval and 'publication as provided by law. Mayor T f CityCler cam— Approved as to form: jGIty Attorney Sassed C% ti��. 1,:�_- 1963 Approved 1963 Published��� � 3.Y.( 1963. l �� 5•