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Village of Fair Haven, NY
Cayuga County
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[HISTORY: Adopted by the Board of Trustees of the Village of Fair Haven 8-12-1998 by L.L. No. 1-1998 (repealing former Ch. 19 of the 1970 Code, adopted 7-1-1985 by L.L. No. 6-1985). Amendments noted where applicable.]
This chapter shall hereafter be known as the "Peace and Good Order Law of the Village of Fair Haven."
Chapter 19, entitled "Peace and Good Order," of the Code Book of the Village of Fair Haven, is hereby repealed.[1]
[1]
Editor's Note: Former Ch. 19 of the 1970 Code was adopted 7-1-1985 by L.L. No. 6-1985.
This chapter is adopted under the authority of the laws of the State of New York.
It is the purpose of this chapter to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the Village of Fair Haven, Cayuga County, State of New York, and to establish reasonable and uniform regulations to sexually oriented businesses within the Village of Fair Haven, Cayuga County, State of New York. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene materials. Since there are no sexually oriented businesses within the boundaries of the Village of Fair Haven at the time of enactment of this chapter, it is the intent of this chapter to regulate the development and operation of sexually oriented businesses.
The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
(1) 
A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
(a) 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions which depict or describe specified sexual activities or specified anatomical areas.
(b) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(2) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration, any of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity or seminudity.
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration, which provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction.
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity.
ADULT USE ESTABLISHMENT
A public or private establishment or any part thereof which presents any of the following entertainment or services on one or more occasions: adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, massage parlor, nude model studios and sexual encounter centers, including encounters generated by means of computers and fiber optics.
ADULT VIDEO STORE
See "adult bookstore."
EROTIC BEHAVIOR
The display of any lewd, wanton, immodest, obscene or filthy gesture.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertise to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business.
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business.
(4) 
The relocation of any sexually oriented business.
FIBER OPTIC EMISSIONS
Adult software, imaging systems, photographic transmissions, video or graphic clip art images produced or created on a Web site or transmitted on the Internet.
INDECENT EXPOSURE
When a person appears in such a manner that the private or intimate parts of that person's body are unclothed or exposed.
MASSAGE PARLOR
An establishment where, for any form of consideration, massage, alcohol rub fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY
Less than completely and opaquely covered human genitals; pubic region; buttock; female or male breast below a point immediately above the top of the areola; human male genitals in a discernibly turgid state, even if completely and opaquely covered.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) 
Activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult use establishment, adult video store, escort agency, massage parlor, nude model studio or sexual encounter center, including encounters generated by means of computers and fiber optics.
SEXUAL SOLICITATION
(1) 
To seek to obtain compensation, in favor or remuneration, for the display of indecent exposure and/or erotic behavior.
(2) 
To encourage, induce and/or coerce the display of indecent exposure and/or erotic behavior by, including but not limited to, written and/or visual, verbal, physical and/or psychological means.
(3) 
To congregate for the sole purpose of cajoling, inciting, and/or sustaining an act of sexual solicitation.
(4) 
To promote indecent exposure and/or erotic behavior by association and/or advocation.
SPECIFIED ANATOMICAL AREAS
Any of the following:
(1) 
Human genitals, pubic region.
(2) 
Buttock.
(3) 
Female or male breast below a point immediately above the top of the areola.
(4) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1), (2) and (3) above.
STATE OF NUDITY
See "nudity."
B. 
Adult use establishments and sexually oriented business, as defined in this chapter, shall be allowed within the boundaries of the Village of Fair Haven except as specified in the following provisions:
[Amended 6-13-2005]
(1) 
An adult use/sexually oriented business may not operate within 750 feet of:
(a) 
A church, synagogue or a regular place of worship.
(b) 
A public or private elementary or secondary school or licensed child day-care center.
(c) 
A boundary of any residence or residential zoning district.
(d) 
A public park, playground and playing field.
C. 
Penalties for offenses.
(1) 
Except as otherwise provided, any person who commits or permits any act in violation of any of the provisions of this section or fails to comply with the provisions thereof shall be deemed to have committed an offense against such section and shall be liable for any such violation or the penalty therefor.
(2) 
For any violation of the provisions of this section, the person violating the same shall be subject to a fine of not more than $500 for each such offense. Such penalties shall be collectible by and in the name of the Village for each day that such violation shall continue.
(3) 
In addition to the above-provided penalties and punishment, the Village Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this section.
D. 
Promoting exposure of a person; penalties for offenses.
(1) 
This section is enacted pursuant to the New York State Penal Law § 245.02.
(2) 
Exposure of a person or promoting the exposure of a person is a violation punishable by a fine in an amount fixed by the court, not to exceed $250, a term of imprisonment fixed by the court, not to exceed 15 days, or both. Additionally, this subsection may be enforced by injunction.
(3) 
A person is guilty of promoting the exposure of a person when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where a person appears in a state of nudity as defined in Subsection A hereof, or where a person appears in such a manner that the private or intimate parts of that person's body are unclothed or exposed. Additionally, this subsection may be enforced by an injunction.
A. 
This section is enacted pursuant to the New York State Penal Law § 245.02.
B. 
No person shall commit or indulge in any lewd, wanton, indecent, immodest, obscene or filthy act or gesture.
C. 
No person shall expose, display, post, exhibit, paint, print or make on an wall or object or place any placard, poster, bill, painting or sign, either as an advertisement or otherwise, upon any building, billboard, wall, fence, tree or other surface so as to be visible from any street or public place which shall be of a lewd, indecent, immodest, immoral or vulgar character, such as may be calculated to shock the sense of decency or propriety.
D. 
Exposure of a person or promoting the exposure of a person is a violation punishable by a fine, in an amount fixed by the court, not to exceed $250, a term of imprisonment, fixed by the court, not to exceed 15 days, or both. Additionally, this section may be enforced by injunction.
E. 
A person is guilty of promoting the exposure of a person when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where a person appears in a state of nudity as defined in Subsection A hereof, or where a person appears in such a manner that the private or intimate parts of that person's body are unclothed or exposed. Additionally, this subsection may be enforced by an injunction.
No person shall make or assist in making any riot, noise or disturbance at any house, shop, store or any place within the Village, nor shall any persons unnecessarily congregate upon the street for a mischievous purpose or in the vicinity of any church, nor shall any person within the Village, orally or by any device, solicit alms from any person.
No person or persons shall use any profane, vulgar or obscene language in any street or public place in the Village, and no person shall write, draw, post or advertise any obscene work or works or any immodest or offensive picture or figure upon any post, building, fence or other place in the Village.
No person shall throw or deposit any rubbish or filth into any stream, bay, body of water or upon the banks thereof in the Village.
A. 
No person shall willfully or maliciously break, mar, injure, remove or deface any traffic control signs, street signs or any sign owned by the Village.
B. 
No person shall willfully or maliciously break, mark, injure, remove or deface any building, fence, awning, signboard, tree, streetlight or any other thing in the Village.
C. 
No person shall willfully or maliciously pile up before any door, sidewalk or street any boxes, tires, etc., or tear down any notice or handbill lawfully posted in the Village.
No person or persons shall, within the limits of the Village, take any property of said Village for his private use without first obtaining the written consent of the Board of Trustees.
It shall be unlawful for any person or persons to loiter on any public property within the Village, to sleep therein, or to sit or lie thereon the ground therein, in such a manner as to be offensive to others, or in such a manner as to offend public decency or refuse to move when so directed by a police officer.
[Amended 12-11-2023 by L.L. No. 1-2024]
A. 
The drinking of alcoholic beverages on public property within the Village is hereby prohibited, except that the Board of Trustees, in its discretion, may authorize it for special events.
B. 
Given the proven negative health effects of secondhand smoke, tobacco smoking in any form is hereby prohibited on public property, recreational areas and public parks within the Village.
C. 
Given the evidence that secondhand smoke from smoking or vaping cannabis has negative health impacts similar to secondhand smoke from tobacco smoking, cannabis smoking and vaping in any form is hereby prohibited on any public property in the Village that prohibits tobacco smoking.
[1]
Editor's Note: See also Ch. 37, Alcoholic Beverages, Art. I, Open Containers.
[Amended 6-13-2005]
It shall be unlawful for any person or persons to enter on or to be present on any public property within the Village of Fair Haven between the hours of 10:00 p.m. and 5:00 a.m.
No persons shall appear or be upon any street, sidewalk or highway or in any public hall, park or other public place in the Village in a condition of intoxication.
No person shall propel, throw or shoot any missile or solid objects, such as stones, snowballs, sticks, metals, bullets or similar materials, upon, across or toward any street, sidewalk, highway or other public place where such act would, in fact or potentially, injure or threaten injury to any person or property. Ball playing or throwing on or upon a public street is a violation of this chapter.
No person shall give any false alarm of fire or tamper, meddle or interfere with any station or signal box of the fire alarm system, or willfully break, injure, destroy or disturb any wires, poles or other supports or appliances connected with or forming part of the fire telegraph system; and no person shall willfully obstruct the operation of the Fire Department of said Village or shall willfully neglect or refuse to obey, or attempt to prevent or obstruct the execution of any lawful order of the Chief of the Fire Department at any fire within this Village.
No person shall obstruct or injure any fire hydrant or throw or pile snow, ice or other substances or materials in close proximity thereto or otherwise obstruct the full vision and use thereof.
A. 
Entry prohibited. No person shall walk upon, enter or drive any animal or vehicle upon any roadway or sidewalk which is guarded by a barrier, sign or signal lawfully so placed for the purpose of preventing or warning any person from entering into or upon the same.
B. 
Interference with barriers. No person shall remove, displace or in any manner interfere with any barrier, guardrail, sign, lantern or other object or form of warning which shall have been placed along or across any street or sidewalk or about any public place as a warning or safeguard or to prevent interference with or damage to work completed or being done in such places.
A. 
No person shall indulge in disorderly, noisy or disturbing conduct within the Village.
B. 
Any person who commits any of the following acts will be considered in violation of this provision:
(1) 
Use offensive, disorderly, threatening, abusive or insulting language, conduct or behavior.
(2) 
Acts in such a manner as to annoy, disturb, interfere with, obstruct or be offensive to others.
(3) 
Loiters or congregates with others on public property within the Village for other than a lawfully permitted purpose, and refuses to move on when ordered to do so by the police.
(4) 
By his actions, causes a crowd to collect except when lawfully addressing such a crowd.
(5) 
Shouts or makes noises either outside or inside a building to the annoyance or disturbance of any considerable number of persons.
(6) 
Interferes with any person in any place by jostling against such person or unnecessarily crowding him or by placing a hand in the proximity of such person's pocket, pocketbook or handbag.
(7) 
Stations himself on the public streets or follows or approaches pedestrians for the purpose of soliciting alms or solicits on the public streets unlawfully.
(8) 
Stands on sidewalks or street corners and makes insulting remarks to or about passing pedestrians or annoys such pedestrians.
(9) 
Frequents or loiters about any public place soliciting any person for the purpose of committing a crime against nature or other lewdness.
(10) 
Damages, destroys or makes improper or unauthorized use of any municipal property, including parks, or conducts himself in a manner contrary to any notices, rules or regulations of the Village, or refuses to obey the orders of any person or persons in authority with respect to the use of or conduct in or with respect to such property.
(11) 
Loiters or congregates with others on the street, sidewalks, doorways or stairways or areas adjacent thereto, or on stairways, so as to impede traffic or to the annoyance of passers-by or others.
(12) 
Drinks or consumes alcoholic beverages on public property within the Village of Fair Haven, except when the Board of Trustees, in its discretion, has authorized the same for special events.
(13) 
Enters or remains on public property within the Village of Fair Haven between the hours of 10:00 p.m. and 5:00 a.m.
[Amended 12-11-2023 by L.L. No. 1-2024]
It shall be unlawful for any person to enter without authority or to trespass upon or to damage or deface any private property owned by or under the control of the Incorporated Village of Fair Haven.
A. 
Except as provided in § 100-5C, any person violating any of the provisions of this chapter shall be guilty of a violation. Said violation shall be punishable by a fine not exceeding $250 or 15 days in jail, or by both such fine and imprisonment.
B. 
Each violation of this enactment shall constitute disorderly conduct, and each person violating the same shall be disorderly person. Each day that a violation or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.
C. 
In addition to the above-provided penalties and punishment, the Village Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined and applied in its operation only to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately upon its filing with the Secretary of State.