Marin County Municipal Code Ch. 5.08 Race Track Regulations

For the purpose of this chapter the term "race track" is defined as any enclosure or any place where contests of speed or endurance of, or between, beasts, animals or mechanical apparatus are conducted, or any enclosure or place established for carrying out the above purposes.

(Ord. 214 § 1, 1933)

It shall be unlawful to conduct in Marin County, or to assist in conducting, a race track where contests, as defined in Section 5.08.010, are held on more than three days in any week or more than six days in any one month.

(Ord. 214 § 2, 1933)

It shall be unlawful to conduct, or assist in conducting in Marin County a race track as defined in Section 5.08.010 where any purse or prize in excess of one hundred dollars is offered or advertised as payable to any contestant, or to any person interested in such contest, in any particular race or event.

(Ord. 214 § 3, 1933)

It shall be unlawful to offer or accept in Marin County any purse or prize in excess of one hundred dollars in any particular contest or race run or conducted on any race track in Marin County.

(Ord. 214 § 4, 1933)

It shall be unlawful to enter any animal or mechanical device in any race, or take part in any race in Marin County in which a purse or prize in excess of one hundred dollars is offered to any contestant or person interested in such race.

(Ord. 214 § 5, 1933)

It shall be unlawful to conduct in Marin County, or to assist in conducting, a race track where contests, as defined in Section 5.08.010 are held on any Saturday, Sunday or legal holiday.

(Ord. 214 § 6, 1933)

It shall be unlawful to conduct in Marin County, or to assist in conducting, a race track where contests as defined in Section 5.08.010 are held, within a distance of five miles of any college, junior college or high school.

(Ord. 214 § 7, 1933)

It shall be unlawful to establish, maintain or conduct any race track in Marin County where meets or races are conducted on two or more consecutive days without first procuring and without having a permit therefor from the board of supervisors of Marin County as hereafter provided.

Such permit shall be subject to all the other provisions of this chapter. A verified written application for such permit shall be filed with the board of supervisors and shall set forth the names and addresses of all the persons interested in such contemplated race track; the location by metes and bounds of said contemplated race track; a detailed statement as to the purposes for which such race track is to be established; and such other facts and information as shall enable the board of supervisors to properly determine as to whether such race track shall or shall not be detrimental to the welfare of the community in which it is sought to be established.

At the meeting, or at the next regular meeting of said board at which said application was presented, the board shall order it filed and shall set a date for hearing, that shall not be sooner than the next regular meeting of said board, and shall cause a copy of said application to be published in a newspaper published in the township in which said proposed race track is to be established for at least five days prior to said hearing. Any person interested in said petition, or opposed to said petition, may be heard by said board and said board may subpoena witnesses to appear at such hearing.

If the board shall determine from said hearing that said race track shall not be detrimental to the community in which it is to be established, a permit may be granted for three months, which shall be revocable at any time should said race track, upon a proper showing, prove detrimental to the community in which it is established, or shall expressly, or in spirit, violate any of the regulations or provisions of this chapter.

Any race track established or conducted in violation of the provisions of this chapter shall constitute a public nuisance as defined in Section 3479 of the Civil Code of the state of California, and shall be subject to abatement as provided by general law in the state of California.

(Ord. 214 § 8, 1933)

Any person violating, or assisting in violating, any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine in a sum not to exceed five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. It is further provided that each and every day that such violation continues shall constitute a new and separate offense.

(Ord. 214 § 9, 1933)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

(Ord. 214 § 10, 1933)