[HISTORY: Adopted by the Town Board of the Town of Hamlin 2-7-1996 by L.L. No.
2-1996 (Ch. 27 of the 1987 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 520.
Considering the nature of adult bookstores, adult motion-picture
theaters and adult entertainment establishments and the tendency of
such to have a deleterious effect, it is in the public interest to
regulate the location of such establishments, and it is hereby declared
to be the policy of the Town of Hamlin in the County of Monroe in
the State of New York with regard to such establishments as set forth
in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having as its primary stock-in-trade books,
magazines, other periodicals, films and other viewing materials and/or
sexually oriented adult novelties or "marital aids" which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to specified sexual activities, sexual conduct or specified
anatomical areas.
A nightclub, bar, restaurant or commercial establishment
which regularly features:
Persons who appear or work in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or specified sexual activities; or
The showing of films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A business venue used for regularly presenting material distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities, sexual conduct or specified
anatomical areas for observation by patrons therein.
Film or films, continuous slides, videotapes, or pictures
of any nature in which any person is shown, depicted or revealed in
any act of sexual conduct or 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 conditions
of one who is nude or so clothed and is being fettered, bound or otherwise
physically restrained.
Human masturbation, sexual intercourse or any touching of
the genitals, pubic area 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 apparent
sexual stimulation or gratification.
Adult bookstores, adult motion-picture theaters and adult entertainment
establishments are hereby deemed to be regulated uses.
Establishments described herein may be located only in areas
zoned industrial. In addition to the special requirements described
herein, these establishments must apply for all other approvals and
permits required. Additionally, no portion of any regulated use described
in this chapter may be located within 1,000 feet of any other like
regulated use nor within 700 feet of any non-industrial-zoned area
or 1,000 feet of any church or any school, child-care center or municipal
property, and no alteration, addition, improvement or like construction
in connection with any regulated use shall be permitted if such alteration,
addition, improvement or like construction shall be within 1,000 feet
of any like regulated use or 700 feet of any non-industrial-zoned
area, or 1,000 feet of any church or school, child-care center or
municipal property.
Any person, firm or corporation or other party violating any
of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not exceeding $1,000 or imprisonment for a term
not exceeding 90 days, or both. Each and every violation of and nonconformance
with this chapter or each day that any provision of this chapter shall
have been violated shall be construed as a separate and distinct violation
thereof.
It shall be an affirmative defense to a prosecution under this
chapter if the material was disseminated by a person who was acting
in his/her capacity as:
A.Â
A teacher of an accredited course of study related to pornography
at a state-approved educational institution;
B.Â
A licensed medical practitioner or psychologist in the treatment
of a patient;
C.Â
A participant in the criminal justice system, such as a legislator,
judge, prosecutor, law enforcement official or other similar or related
position; or
Every regulated use shall be surrounded by a perimeter buffer
of at least 50 feet in width, consisting of plantings, to the satisfaction
of the Planning Board.
