[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook 11-8-1982 by L.L. No. 3-1982 as Chapter 21 of the 1979 Municipal Code. Section 55-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics; that such activities are deleterious to the health, welfare and wellbeing of the Village of Maybrook and those who live within the village; and that the concentration of such activities can and does adversely and seriously endanger the adjacent areas thereto. It is recognized that special regulation of these uses is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. It is further recognized that, because the Village of Maybrook is a small village, the proliferation of such uses could dangerously affect the welfare of the entire community and that regulation is required in order to prevent such endangering.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment, whether retail or wholesale, having as a substantial portion of its stock-in-trade sexual devices, books, magazines, other periodicals, motion-picture films and viewing materials, both audio and visual, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities, sexual conduct or specified anatomical areas, or an establishment to the sale or display of such material.
ADULT MOTION-PICTURE THEATER
A building used for presenting films which are distributed in forms of less than 35 millimeter distribution standards, which films are characterized by an emphasis on matter depicting or describing or related to specified anatomical areas for observation by patrons therein.
MOTION PICTURE
Film or films, video tapes, continuous slides or pictures of any nature in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals, in an act of actual or apparent sexual activity, sexual stimulations or sexual gratification.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
B. 
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A. 
Human genitals in the state of sexual stimulation or arousal.
B. 
Any act of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of the human genitals, pubic region, buttock or female breasts.
Adult bookstores and adult motion-picture theaters are hereby deemed to be regulated uses.
A. 
No regulated use may be located within 1,500 feet of any other regulated use, nor within 500 feet of a residentially zoned area under the Zoning Map of the Village of Maybrook[1] or within 500 feet of any house of worship, school, library, hospital, sanitarium, nursing home or rest home, civic or youth oriented center, historic preservation site, public park or playground.
[1]
Editor's Note: See Ch. 210, Zoning.
B. 
Only one sign shall be permitted, visible from the exterior of a building which is occupied by a regulated use. Such sign shall be no larger than six square feet, nor shall such sign consist of any material other than plain lettering. Such sign shall have no photographic or artistic representation whatsoever thereon.
C. 
No regulated use shall cause to be exposed to public view, visible from the outside of the premises, any of the materials regulated by this chapter.
D. 
The use or occupancy of any building or structure as an adult bookstore or an adult motion-picture theater at the time of the adoption of this chapter may continue although such does not conform to the regulations specified by this section, except that such use shall be made to comply and conform to the provisions of this section within six months after the adoption of this chapter. Should any regulated use now be conducted at a location which violates the provisions of Subsection A of this section, such use would be discontinued within 12 months from the adoption of this chapter.
E. 
This chapter shall apply to any person, firm, corporation or other entity which actually engages in the conduct of a regulated use under this chapter and shall further and equally apply to the owner of any building, structure or premises upon which such regulated use is conducted; any violation of this chapter shall subject both the person, firm, corporation or entity conducting such regulated use and the owner of the premises upon which such regulated use is conducted to the penalties herein provided.
Violation of any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).