[Added 7-14-1992 by L.L. No. 6-1992 ]
The title of this chapter shall be "A local law regulating the establishment
of adult entertainment facilities and prohibiting the exposure of the body
or promotion of the exposure of the body."
The purpose of this chapter is to prevent the exposure of the human
body and to prevent the promotion of the exposure of the human body when that
exposure is done in an obscene or lewd manner in a public place.
As used in this chapter, the following terms shall have the meanings
indicated:
BOTTOMLESS
Any manner of dress in which a person appears with less than completely
and opaquely covered human genitals and/or pubic region.
LEWD OR OBSCENE
As defined by the laws of the State of New York or the Penal Law
of the State of New York.
PERSON
Any person, firm, partnership, corporation, association or legal
representative acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region
or female breast below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttock
or female breast.
D.
Acts of a nature involving the sexual touching of humans and animals.
TOPLESS
Any manner of dress in which a female appears with the breast region
exposed below a point immediately above the top of the areola.
Except as provided in §
93-7, it shall be unlawful for a person to promote the obscene or lewd exposure of another person as defined in §
93-4 when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where:
A. A female appears clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering or a female appears or conducts herself as prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas," "specified sexual activities" and "topless" in §
93-3.
B. A male appears or conducts himself as prohibited and set forth and defined in the definitions of "bottomless," "specified anatomical areas" and "specified sexual activity" in §
93-3.
The conduct prohibited in §§
93-4 and
93-5 of this chapter shall be prohibited whether or not such person is entertaining or performing in a play, exhibition, show or entertainment and the conduct is obscene or lewd. This chapter shall not apply to the breast-feeding of infants.
[Added 7-14-1992 by L.L. No. 6-1992]
A. Definitions. As used in this section, the following terms
shall have the meanings indicated:
ADULT BOOKSTORES
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines, other periodicals, films, slides and
video tapes.
ADULT ENTERTAINMENT CABARET
An establishment which presents topless dancers, strippers, male
or female impersonators or exotic dancers or other similar performers.
ADULT THEATER
A theater that customarily presents motion pictures, films, videotapes
or slide shows.
PEEP SHOWS
A theater which presents material in the form of live shows, films
or videotapes, viewed from an individual enclosure, for which a fee is charged.
B. Restrictions.
(1) The uses as defined in Subsection
A are to be restricted as to location in the following manner:
(a) Any of the above uses shall not be located within a one-thousand-foot
radius of any area zoned for residential use.
(b) Any of the above uses shall not be located within a one-half-mile
radius of another such use.
(c) Any of the above uses shall not be located within a five-hundred-foot
radius of any school, church or other place of religious worship, park, playground
or playing field.
(d) Any of the above uses shall be approved only for establishment
within districts designated L-I (Light Industrial) or H-I (Heavy Industrial).
(2) Waiver. The restrictions enumerated in Subsection
B(1) above may be waived by the Town Board if the applicant shows and the Board finds that the following conditions have been met:
(a) That the proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and intent
of this chapter will be observed;
(b) That establishment of an additional use of this type
in the area will not be contrary to any program of neighborhood conservation
or improvement, either residential or nonresidential; and
(c) That 51% or more of the property owners within the restricted area as defined in Subsection
B(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
(3) Limitation. No more than one of the adult entertainment
facilities as defined above shall be located on any lot.
[Amended 7-14-1992 by L.L. No. 6-1992]
A. Violation of this chapter is punishable by a fine of
$250 or 15 days in jail or both.
B. Each incidence of violation of this chapter shall be
a separate offense.