PETITION TO DEFEAT ASSEMBLY BILL 3425

To: State of New Jersey Legislature
We the undersigned feel that any legislation aimed at further restricting motor vehicle racing within the State of New Jersey is not needed and that the proposed legislation (#3425 listed below) would restrict and hinder current New Jersey speedways from operating like any other business or sporting event. Further it appears the proposed legislation is intended to address a desire to limit activity at a specific facility but would have far reaching effects at racetracks statewide should it be passed.
This type of legislation does not target other types of businesses or sporting events located within a one-mile radius of any residential housing and we feel this legislation or any other type like it targeting only motor vehicle race tracks are not needed, as the in-place state requirements are adequate. All racetracks in New Jersey have been in operation for at least 30 years and provide entertainment and recreation for many residents.

ASSEMBLY, No. 3425
STATE OF NEW JERSEY
211th LEGISLATURE

INTRODUCED OCTOBER 21, 2004

Sponsored by:
Assemblyman MICHAEL PANTER
District 12 (Mercer and Monmouth)
Assemblyman ROBERT MORGAN
District 12 (Mercer and Monmouth)

SYNOPSIS

Prohibits operation of motor vehicles on motor vehicle race tracks in the State located within one-mile radius of residential housing and use of public address systems at such race tracks between certain hours on certain days.

CURRENT VERSION OF TEXT

As introduced.

AN ACT concerning the control of noise from motor vehicle race tracks and supplementing P.L.1971, c.418 (C.13:1G-1 et seq.).

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any provisions of P.L.1971, c.418 (C.13:1G-8 and 13:1G-9), or any rules or regulations adopted pursuant thereto, to the contrary, no motor vehicle may operate on any motor vehicle race track located within a one-mile radius of any residential housing on any day before 11 a.m. or after 10 p.m., except for Sundays on which no motor vehicle may operate on such a motor vehicle race track before 11 a.m. or after 7 p.m. No public address system, megaphones, or other sound amplification equipment may be operated at any motor vehicle race track located within a one-mile radius of any residential housing on any day before 10:30 a.m. or after 10:30 p.m., except for Sundays and in the case of an emergency. On Sundays, no such equipment may be operated before 10:30 a.m. or after 7:30 p.m.

b. The Superintendent of State Police shall take whatever action is necessary to ensure compliance with the provisions of subsection a. of this section, and shall ensure that the penalties provided pursuant to subsection c. of this section are enforced pursuant to this section for any violation of subsection a. of this section.

c. If any violation of the provisions of subsection a. of this section occurs, the Department of Environmental Protection may institute an action in a court of competent jurisdiction for injunctive relief against the owner or operator of the motor vehicle race track at which the violation occurred to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner.

Any owner or operator of any motor vehicle race track on which a motor vehicle is operated in violation of the provisions of subsection a. of this section shall be liable to a penalty of $2,500 for the first offense, $5,000 for the second offense, $10,000 for the third offense, and $25,000 for the fourth and subsequent offenses, to be collected in a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall have jurisdiction to enforce the penalty enforcement law.

If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this subsection in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances, including a rebate of any such penalty paid to the extent of 75\% thereof where the owner or operator, within one year, or such other period as the department may determine is reasonable, satisfies the department that no further violation has occurred or that the order or injunction has been met or satisfied as the case may be.

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the operation of a motor vehicle on any motor vehicle race track in the State located within a one-mile radius of any residential housing on any day of the week before 11 a.m. or after 10 p.m., except for Sundays. On Sundays, racing would be prohibited before 11 a.m. or after 7 p.m. The bill also prohibits the operation of public address systems, megaphones, or other sound amplification equipment at such a motor vehicle race track before 10:30 a.m. or after 10:30 p.m., except for Sundays or in the case of an emergency. On Sundays, the operation of this equipment would be prohibited before 10:30 a.m. and after 7:30 p.m. This bill also provides that the Superintendent of State Police shall take whatever action is necessary to ensure compliance with this prohibition and penalize violations as provided under the bill. The bill provides that the owner or operator of a motor vehicle race track be fined $2,500 for the first offense, $5,000 for the second offense, $10,000 for the third offense, and $25,000 for the fourth and subsequent offenses. The bill further provides that these penalties may be collected in a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and in any case before a court of competent jurisdiction wherein injunctive relief has been requested, and the Superior Court would have jurisdiction to enforce the penalty enforcement law.