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 well-being of the Village of Florida
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 Florida 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 having, as a substantial portion of its stock-in-trade,
sexual devices, books, magazines, other periodicals, films and other viewing
materials, both audio and visual, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities, sexual conduct or specified anatomical areas, or an establishment
with a segment or section devoted 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 thirty-five-millimeter distribution standards, which films are
characterized by an emphasis on matter depicting or describing or related
to specified sexual activities, sexual conduct or specified anatomical areas
for observation by patrons therein.
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
stimulation or sexual gratification.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks 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 breast.
Adult bookstores and adult motion-picture theaters are hereby deemed
to be special uses subject to approval by the Planning Board and located only
in an HC District.
[Amended 2-10-1987 by L.L. No. 1-1987.
Violators of this chapter shall be subject to a maximum fine of $250
or imprisonment for not more than 15 days, or both, and each day of violation
shall constitute a separate violation.