Adult bookstores and adult motion-picture theaters and adult
live theaters, hereinafter defined, are hereby prohibited from being
established, operated or maintained in any part of the confines of
the Village of Greenwood Lake.
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, 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 an entire or specific segment or section devoted
to the sale or display of such material.
ADULT LIVE THEATER
Any building or area used for presenting any plays, shadow
plays, skits, pantomimes or other actions which are characterized
by an emphasis on matter depicting or describing or simulating or
related to specified sexual activities, sexual conduct or specified
anatomical areas for observation by patrons therein.
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 matters 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 AREA
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.
[Amended 7-6-1983 by L.L. No. 7-1983]
Any person violating any of the provisions of this chapter shall
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against any provision of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.