[HISTORY: Adopted by the Town Board of the Town of Niskayuna 10-22-2002
by L.L. No. 7-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
This chapter shall be known as the "Adult Use Business Regulations Law
of the Town of Niskayuna."
Based upon a comprehensive study of the adverse secondary impacts of
adult use establishments as documented in accordance with the ruling of the
U.S. Supreme Court in the matter of the City of Renton v. Playtime Theaters,
Inc. (475 U.S. 41 [1986]) and as commissioned by the Town Board of the Town
of Niskayuna, the Town of Niskayuna finds that:
A.
There are adverse secondary impacts associated with the
establishment and operation of adult-oriented businesses within a community;
B.
Among these adverse secondary impacts are a deterioration
in the local quality of life, an adverse effect upon local property values,
an adverse effect upon local economic viability, an imposition, whether intentional
or unintentional, of exposure to adult-oriented expression undesired by neighbors,
pedestrians and passersby, an increase in traffic, noise, litter and nuisance,
criminal and illicit sexual behavior, a threat to the health and safety of
children and young adults and an undermining of the established sense of community;
C.
These adverse secondary impacts of the establishment
and operation of adult-oriented businesses are a threat to the general health,
safety and economic viability of the community;
D.
The unregulated establishment and operation of adult-oriented
businesses would lead to the wide-spread imposition of adverse secondary impacts
upon the residents, businesses, economic viability, property values, and quality
of life of the Town and would, therefore, be detrimental to the general health,
safety and economic viability of the community;
E.
The U.S. Constitution, and the Constitution and laws
of the State of New York grant to the Town of Niskayuna the powers, especially
police powers, to enact reasonable legislation and measures to regulate the
location and operation of adult-oriented businesses, hereinafter defined,
in order to protect the general health, safety and economic viability of the
community.
A.
It is the express intent of the Town of Niskayuna in
adopting this chapter to:
(1)
Protect the right of free expression, guaranteed by the
U.S. Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses.
(2)
Ameliorate, mitigate, reduce or prevent the widespread
and unregulated imposition of the adverse secondary impacts of adult-oriented
businesses upon the residents, businesses, economic viability, property values,
quality of life and general health, safety and welfare of the community;
B.
It is not the intent of the Town of Niskayuna in adopting
this chapter to:
(1)
Deny any person the right of free expression, guaranteed
by the U.S. Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses; or
(2)
Impose upon any person any additional limitations or
restrictions upon the right of free expression, guaranteed by the U.S. Constitution
and the New York State Constitution, as may be expressed and presented in
the form of goods and services offered by adult-oriented businesses, beyond
those granted to the Town under the U.S. Constitution, the New York State
Constitution and the laws of the State of New York regarding the time, place
and manner of that free expression. These constitutionally protected rights
are understood to include the right to sell, distribute and exhibit the legal
goods and services offered by adult-oriented businesses; or
(3)
Impose upon any person any additional limitations or
restrictions upon the right to obtain, view or partake of any communications
guaranteed by the U.S. Constitution and the New York State Constitution, as
may be expressed and presented in the form of goods and services offered by
adult-oriented businesses, beyond those granted to the Town under the U.S.
Constitution, the New York State Constitution and the laws of the State of
New York regarding the time, place and manner of that free expression; or
(4)
Estimate, decide, determine, resolve, consider, conclude,
judge or qualify in any manner or fashion the quality or value of the content,
nature, message, form, format, appearance, substance or presentation of the
free expression guaranteed by the U.S. Constitution and the New York State
Constitution, as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses.
Aware that, according to numerous decisions by both federal courts and
courts of the State of New York, the regulation of the location of adult businesses
must be based upon a finding of the adverse secondary impact of these businesses
upon the community and must be directed solely toward the mitigation of these
impacts, not be directed toward any form of speech or expression, be no broader
than necessary and must provide alternative locations within the Town for
adult use businesses, the Town of Niskayuna hereby adopts the following amendment
to its Town Zoning Ordinance.[1]
