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AVON |
November 5, 2010, 11:03am |
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Rotterdam Town Code defines a racetrack as “any ground, area or track upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants which employ go-carts, stock cars, motor scooters, midget autos, motorcycles, motor vehicles or other vehicles propelled by a force other than human energy.” It would appear that the TB can't even interpret the law on the books.
Perhaps the newly elected Wayne Calder can get this addressed as he has an extensive backgound in law enforcement. Should be able to interpret the law for race tracks and noise ordinance quite easily. Let's see if we have more Gumba Gangstas or a real representative for the people! |
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GrahamBonnet |
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Ut ih, no. According to Bob Godloseski, they need the building inspector to do it. |
| "While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat." |
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TippyCanoe |
November 6, 2010, 11:25pm |
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on the definition of a race track
are the riders paid? if not, why do they return???? for what??? |
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Shadow |
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As the law states "for the gratification of the participants" or just for the fun of it. There is really no place to ride them in the town except the power line right of way and the RR tracks both of which are illegal to ride on. |
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marymagdelene1234 |
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on the definition of a race track
are the riders paid? if not, why do they return???? for what???
What is "gratification"? gratification noun 1. satisfaction, delight, pleasure, joy, thrill, relish, enjoyment, glee, kick or kicks (informal). The riders would have to be asked if they were "gratified". |
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MobileTerminal |
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Maybe, like Chris Matthews, they just get a "tingle up their leg" ? |
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Quoted Text
ROTTERDAM Official says property is not a racetrack Neighbors have insisted dirt bikes used land, affected quality of life BY JUSTIN MASON Gazette Reporter
Marc Della Villa isn’t illegally operating a racetrack on his vacant lot off Westside Avenue, according to a decision issued by Rotterdam’s code enforcer last week. After months of deliberation and numerous visits to the property, code enforcer Mickey Maher determined that Della Villa wasn’t sanctioning an unlicensed racetrack as it’s defined in the town’s local law. The decision is in contrast to assertions made by residents living near the property, who claim the persistent noise of the weekendlong races causes a major disruption to their quality of life. Last month, Maher submitted a report about the track that town officials characterized as vague and somewhat inconclusive. When the code enforcer was asked to clarify, he definitively ruled that the dirt bike riders using Della Villa’s property weren’t in violation of the town ordinance governing racetracks. “He’s come up with the statement, now, that it’s not a track,” Supervisor Frank Del Gallo said last week. Della Villa lauded town offi cials for deliberating carefully over the situation and making the correct decision. He said the neighbors chose to live in an area near a light industrial zone, meaning they could one day be subject to even louder activities were a business to locate there. “It’s a buyer beware state,” he said Friday. “When you buy a piece of property, you should know what it’s abutting.” Residents living near the property weren’t pleased by Maher’s decision, nor were they surprised. Phillip Hurst of Dodge Street said the incessant racing suspiciously stopped during the days Maher inspected the property and resumed the day that he stopped. “Literally, the day he stops going there, they start racing again,” he said. Hurst contends town offi cials have enough proof to show the property is being used as a racetrack even if the code enforcer didn’t personally witness it. Last month, members of the Town Board reviewed a video showing a group of between three and four dirt bike riders using the property on various occasions in March and April. “We don’t know why he says it’s not a racetrack,” he said. Kay Lifite, one of Hurst’s neighbors on Dodge Street, believes Public Works Coordinator Michael Griesemer is one of the main reasons the property isn’t being considered a racetrack. She said a member of his family sometimes uses Della Villa’s property to race. “Of course he’s not going to call it a racetrack,” she said. Other neighbors have faulted Del Gallo for influencing the decision by code enforcement. Some have accused him of maintaining a friendship with Della Villa. ................>>>>...................>>>>..................http://www.dailygazette.net/De.....r00902&AppName=1
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senders |
November 10, 2010, 4:58am |
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on the definition of a race track
are the riders paid? if not, why do they return???? for what???
drugs/drinking |
| ...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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AVON |
November 10, 2010, 10:23am |
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As the law states "for the gratification of the participants" or just for the fun of it. There is really no place to ride them in the town except the power line right of way and the RR tracks both of which are illegal to ride on.
At one of the agenda meetings, the video of the operation of "the facility" was reviewed by the Town Board members, FDG was absent. It clearly showed about five riders ripping around a well defined "course" (track) as well as heavy machinery grooming and constructing mounds (or "jumps"). There was not a single Board member that presented any type of arguement that it was NOT a race track. Affirmation of this by any other entity within the Town is merely an affront to the intelligence of the Rotterdam citizens. Aside from the bogus investigation as to whether it is a track or not, there is also the issue of a noise ordinance that the Town has no clue how to enforce. This is the Town's problem, not the impacted residents. To continue to force these residents to now go through the ZBA and jump through hoop after hoop just so they can enjoy their property is a disgrace to this T.B. Isn't the purpose of the T.B. to serve the residents of this town? Just what was the purpose of passing the race track code back when it was instituted? |
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gadfly |
November 11, 2010, 9:50am |
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Ut ih, no. According to Bob Godloseski, they need the building inspector to do it.
At the last agenda meeting DiLeva demanded that the building inspector attend the next meeting to explain how he could have possibly come to the conclusion that this is not a racetrack. In addition to the original video showing motorcyclists racing around a specially constructed track, she announced that she was in possession of more video footage taken by residents just the weekend before the meeting. Matt Martin asked the Town Attorney to draft more specific legislation to clarify the definition, but I don't see how it could be anynore clear than presently written. |
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TippyCanoe |
November 13, 2010, 7:27pm |
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It can't be any clearer those inspecting the activity
They must see gratification and enjoyment
Do we have any experts on the subject of gratification and enjoyment who could attend the next agenda and board meetings |
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Alan S. Satchel |
November 13, 2010, 7:42pm |
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my gues is gadfly has not exprienced graftification and enjoyment in quite sometime
ahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha |
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TippyCanoe |
November 13, 2010, 8:40pm |
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where were you last wed nite
i saw that look on her face when FDG had to say motion PASSED |
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TippyCanoe |
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while researching the class of town rotterdam is i trip across the "Local Government Handbook" which describes town laws just as enforcable as state laws
and i would bet that section 222 of the town laws would show the subject of racetracks a local law thus enforcable by police officers as it is linked to NYS V and T and amended by local Laws of 1986
thus it is not a zoning or building code issue
section 222-7 A. Any person who operated a racetrack in the Town of Rotterdam without having applied for and been granted a permit to operate the same pursuant to the provisions hereof, and any person granted a permit hereunder who commits or allows any act in violation of any of the provisions of this chapter shall be deemed to have committed an offense against this chapter and shall be liable for said violation of the penalty therefor. B. For every violation of any provision of this chapter the person violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 3-12-1986 by L.L. No. 4-1986] C. Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the permit. D. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $500 for each such offense. Such penalty shall be collectible by and in the name of the Town.
[Amended 3-12-1986 by L.L. No. 4-1986] E. In addition to the above-provided penalties and punishment the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
i would hope the residents of the area DO NOT GIVE UP
take the law to your local police dept or state police office or DA and demand a citation be issued
i find it very interesting that the police who are experts in viewing contests of speed cannot spot them on private land
the residents of floral ave are also fighting a simillar battle and have found a way thru the county DA and via the state to reprimand local officials for failing to follow local law
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senders |
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Well, you know Tip,,,we all have to talk about the 'pulled pork special' at the Brass Rail.....and such crap..... |
| ...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
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