SENATE DOCKET, NO. 2046        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 880

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act further regulating the site assignment process..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Notwithstanding any general or special law or rule or regulation to the contrary, noise produced by, or results from, a competitive motorized racing event which is held  at a site sanctioned by a recognized sanctioning body for competitive motorized racing shall not be deemed a nuisance or a condition of air pollution if: such event is held at a site for which a permit had been issued to the owner or operator of such sanctioned site, on or before the effective date of this act, by the municipality in which the event was held; and the recipient of such permit is the same owner or operator holding the competitive motorized racing event. A competitive motorized racing event shall include heats and open practice (as those terms are customarily used in motor sports), provided they are required or encouraged by the sanctioning body or are otherwise necessary for the safe conduct of the event.

This act shall not prohibit a city or town from adopting by-laws or ordinances relative to noise or air pollution nor regulating competitive motorized racing events in such city or town.