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 wellbeing of the Village of Maybrook
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 Maybrook 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, whether retail or wholesale, having as a substantial
portion of its stock-in-trade sexual devices, books, magazines, other periodicals,
motion-picture films and viewing materials, both audio and visual, which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specific sexual activities, sexual conduct or specified anatomical
areas, or an establishment 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 35 millimeter distribution standards, which films are characterized
by an emphasis on matter depicting or describing or related to specified anatomical
areas for observation by patrons therein.
MOTION PICTURE
Film or films, video tapes, continuous slides 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 the condition 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 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
stimulations or sexual gratification.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttock 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 breasts.
Adult bookstores and adult motion-picture theaters are hereby deemed
to be regulated uses.
Violation of any provision of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses.