[HISTORY: Comes from L.L.
No. 35-2000, adopted 9-12-2000, effective 9-22-2000.]
GENERAL REFERENCES
Places of public assembly; licensing — See Ch. 96.
A.
A person who knowingly or intentionally, in a public place, engages
in sexual conduct as defined in Article 130 of the Penal Law of the
State of New York; or appears in a state of nudity; or fondles the
genitals of himself, herself or another person, commits public indecency,
a violation of this chapter.
B.
The owner, lessee and/or other person in control of any place of public assembly, as defined under Chapter 96 of the Code of the Town of Hempstead, shall also commit public indecency, a violation of this chapter, at such time as any prohibited activity identified above shall be committed at such place of public assembly.
As used in this chapter, the following terms shall have the
meanings indicated:
The showing of the human male or female genitals, public
hair or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
part of the nipple; or the exposure of any device, costume or covering
which gives the appearance of, or simulates, the genitals, public
hair, natal cleft, the perineum anal region or public hair region;
or the exposure of any device worn as a cover over the nipples and/or
areola of the female breast, which device simulates and gives the
realistic appearance of nipples and/or areola.
Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places, owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend whether or not an admission charge is levied, and all other places of public assembly as defined under Chapter 96 of the Code of the Town of Hempstead.
The prohibitions set forth above shall not apply, to:
The right of any owner, lessee or other person in control of
any place of public assembly to operate in violation of the above
prohibitions, pursuant to any interpretation of any approval of a
cabaret use or other use of premises as a place for live entertainment
exhibitions, where such approval was granted by the Department of
Buildings or Board of Appeals of the Town of Hempstead, shall terminate
by amortization 30 days after the effective date of this chapter.
A.
Any person or persons, association or corporation committing an offense
against any other section or provision of this chapter shall be guilty
of a violation, punishable by a fine not exceeding $250 or by imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. Each day of continued violation shall
constitute a separate additional offense.
B.
In addition to the penalties set forth in Subsection A above, the Town Board may, pursuant to Town Law § 135, or as amended, maintain an action in a court of competent jurisdiction, to compel compliance with or restrain by injunction the violation of any prohibition of this chapter by the owner, lessee or other person in control of any place of public assembly, as defined in Chapter 96 of the Code of the Town of Hempstead.
In the event that any provision of this chapter shall be deemed
illegal or otherwise unenforceable as a matter of law by a court of
competent jurisdiction, then only that specific section shall be unenforced,
and all other sections shall remain in full force and effect.
Nothing contained herein shall be construed as to absolve any
person or other legal entity from the obligation to comply with any
and all other applicable statutes, local laws, ordinances or regulations.
