[HISTORY: Adopted by the City Council of the City of Yonkers 4-27-2004 by G.O. 2-2004.
Amendments noted where applicable.]
GENERAL REFERENCES
Exposure of females — See Ch. 73.
A.
The City Council of the City of Yonkers hereby determines that the
proliferation of mobile imaging devices, many with instant access
to the World Wide Web, and many concealed in or as part of other ubiquitous
conveniences such as mobile phones, poses a danger to the preservation
of good order, peace and health, the safety and welfare of Yonkers'
inhabitants, and the protection and security of their property.
B.
The City Council hereby determines that said danger is especially
acute in places offering facilities for patrons and/or members of
the public to disrobe and change in and out of athletic wear.
C.
The City Council finds therefore that it is necessary to enact legislation
restricting the use of imaging devices in such facilities and requiring
such facilities to post readily visible signage informing patrons
of such restrictions.
For the purposes of this chapter, the following terms shall
have the meanings described herein:
Any premises, publicly or privately operated, offering instruction,
training or assistance in, or the facilities for the preservation,
maintenance, encouragement or development of, physical fitness or
well-being. Such term shall include but shall not be limited to health
spas, sports, tennis, racquet ball, platform tennis and health clubs,
figure salons, health studios, gymnasiums, defense schools, swimming
pools, or any other similar course of physical training.
A mobile telephone equipped with an imaging device of any
kind or any other device by which an individual may capture an image
or images, either digitally or on film, either still or moving.
The device used by subscribers and other users of wireless
telephone service to access such service.
Two-way real time voice telecommunications service that is
interconnected to a public switched telephone network and is provided
by a commercial mobile radio service as such term is defined in the
Federal Register.
Except as otherwise provided in § 81-4, no person shall use or activate any imaging device within the premises of a health club, including but not limited to rest rooms and changing rooms.
This chapter shall not apply to:
A.
Accredited members of the press, admitted with permission of the
health club operator, in the course of reporting on a sporting or
news event;
B.
Individuals taking pictures or shooting film or video on behalf of
the facility operators who have obtained signed releases from all
present agreeing to be photographed or filmed;
C.
Portions of events to which the public is admitted;
D.
Portions of events that take place outdoors.
Within 60 days of the effective date of this chapter, all operators
of health clubs in the City of Yonkers shall post or cause to be posted
at all entrances to the facility, a sign, no less than 11 inches high
by 17 inches wide, in clear, legible print that states: "To protect
your privacy, the use or activation of any imaging device within these
premises is a misdemeanor under the Code of the City of Yonkers. Please
report violations to management."
Any violation of this chapter shall be a Class II criminal offense.
