Town of Hamlin, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hamlin 2-7-1996 by L.L. No. 2-1996 (Ch. 27 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 520.

§ 175-1 Policy statement.

Considering the nature of adult bookstores, adult motion-picture theaters and adult entertainment establishments and the tendency of such to have a deleterious effect, it is in the public interest to regulate the location of such establishments, and it is hereby declared to be the policy of the Town of Hamlin in the County of Monroe in the State of New York with regard to such establishments as set forth in this chapter.

§ 175-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as its primary stock-in-trade books, magazines, other periodicals, films and other viewing materials and/or sexually oriented adult novelties or "marital aids" which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas.
ADULT ENTERTAINMENT ESTABLISHMENT
A nightclub, bar, restaurant or commercial establishment which regularly features:
A. 
Persons who appear or work in a state of nudity;
B. 
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
C. 
The showing of 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 MOTION-PICTURE THEATER
A business venue used for regularly presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein.
MOTION PICTURE
Film or films, continuous slides, videotapes, 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 conditions 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 area 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 apparent sexual stimulation or gratification.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
B. 
Human genitals in a discernibly turgid state, even if covered.
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Any act of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

§ 175-3 Designation as regulated uses.

Adult bookstores, adult motion-picture theaters and adult entertainment establishments are hereby deemed to be regulated uses.

§ 175-4 Location restricted. [1]

Establishments described herein may be located only in areas zoned industrial. In addition to the special requirements described herein, these establishments must apply for all other approvals and permits required. Additionally, no portion of any regulated use described in this chapter may be located within 1,000 feet of any other like regulated use nor within 700 feet of any non-industrial-zoned area or 1,000 feet of any church or any school, child-care center or municipal property, and no alteration, addition, improvement or like construction in connection with any regulated use shall be permitted if such alteration, addition, improvement or like construction shall be within 1,000 feet of any like regulated use or 700 feet of any non-industrial-zoned area, or 1,000 feet of any church or school, child-care center or municipal property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-5 Penalties for offenses.

Any person, firm or corporation or other party violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both. Each and every violation of and nonconformance with this chapter or each day that any provision of this chapter shall have been violated shall be construed as a separate and distinct violation thereof.

§ 175-6 Affirmative defenses.

It shall be an affirmative defense to a prosecution under this chapter if the material was disseminated by a person who was acting in his/her capacity as:
A. 
A teacher of an accredited course of study related to pornography at a state-approved educational institution;
B. 
A licensed medical practitioner or psychologist in the treatment of a patient;
C. 
A participant in the criminal justice system, such as a legislator, judge, prosecutor, law enforcement official or other similar or related position; or
D. 
A supplier to any person described in Subsections A through C above.

§ 175-7 Buffer required. [1]

Every regulated use shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings, to the satisfaction of the Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-8 Setback required. [1]

Every building housing a regulated use shall maintain front, rear and side yard setbacks of no less than 200 feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).