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 Walden 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 Walden 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 pictures, films and 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 anatomical areas for observation
by patrons therein.
MOTION PICTURE
Film or films, videotapes, 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 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 stimulation 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.
Each violation shall constitute a violation pursuant to the
Penal Law and, upon conviction thereof, shall be subject to a fine
not to exceed $250 or by imprisonment for not more than 15 days, or
both.