Village of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford 5-12-1998 by L.L. No. 5-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Obscenity — See Ch. 137.
Zoning — See Ch. 210.

§ 58-1 Legislative intent.

It is the purpose of this chapter to prohibit the creation, opening, commencement and/or operation of adult use and entertainment establishments, as herein defined, in order to achieve the following:
A. 
To preserve the character and the quality of life in the Village of Pittsford's neighborhoods and business areas.
B. 
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as decreased property values, attraction of transients, parking and traffic problems, increased crime, loss of business for surrounding nonadult businesses and deterioration of neighborhoods.
C. 
To restrict minors' access to adult uses.
D. 
To maintain the general welfare and safety for the Village of Pittsford's residents.

§ 58-2 Definitions.

As used in this chapter, 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 which the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
A. 
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:
(1) 
Books, magazines, periodicals or other printed matter or photographs, films motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.
B. 
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 an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall meet 25% or more of any of the following:
(1) 
The number of different titles or kinds of such merchandise;
(2) 
The number of copies or pieces of such merchandise;
(3) 
The amount of floor space devoted to the sale and/or display of such merchandise; or
(4) 
The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
ADULT CABARET
Any nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity;
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. 
Films, motion pictures, video cassettes, 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 offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television, transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or special anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A. 
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services:
(1) 
Topless and/or bottomless dancers.
(2) 
Strippers.
(3) 
Topless waitressing, busing or service.
(4) 
Topless hair care or massages.
(5) 
Service or entertainment where the servers or entertainers wear pasties or G-strings, or both.
(6) 
Adult arcade.
(7) 
Adult bookstore or adult video stores.
(8) 
Adult cabarets.
(9) 
Adult motels.
(10) 
Adult motion-picture theaters.
(11) 
Adult theaters.
(12) 
Escort agencies.
(13) 
Nude-model studios.
(14) 
Sexual encounter centers.
B. 
Adult use and entertainment establishments customarily exclude minors by reason of age.
ESCORT
A person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.
ESCORT AGENCY
A person or business association who furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
NUDE-MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or STATE OF NUDITY
The appearance of specified anatomical areas.
PERSON
Any individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the specified anatomical areas, 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, 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.
A. 
Unless completely and opaquely covered, human genitals, pubic region, buttocks or breasts below a point immediately above the top of the areola.
B. 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions.

§ 58-3 Establishments prohibited on all zoning districts.

All adult use and entertainment establishments, as defined herein, are not permitted in any zoning district in the Village of Pittsford, New York.

§ 58-4 Penalties for offenses.

A. 
Criminal penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B. 
Civil penalties; construal.
(1) 
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties therein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2) 
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
(3) 
The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.