[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 5-27-1992 by Ord. No.
92-2 (Part 91 of the 1995 Compilation of Ordinances).
Amendments noted where applicable.]
In the development and execution of this chapter, it is recognized
that there are some uses which, because of their very nature, are
known to have serious objectionable operational characteristics, particularly
when several of them are concentrated under certain circumstances
thereby having a deleterious effect upon the adjacent areas. Special
regulation of these uses is necessary to insure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhood. These special regulations are itemized in
this section. The primary control or regulation is for the purpose
of preventing a concentration of these uses in any one area; i.e.,
not more than two such uses within 1,000 feet of each other which
would create such adverse effects. Uses subject to these controls
are as follows:
A.
Adult book/video store.
B.
Adult mini motion-picture theater.
C.
Adult motion-picture theater.
D.
Burlesque show.
E.
Display for sale.
F.
Host or hostess establishment.
G.
Massage parlor.
H.
Nude modeling studio.
I.
Sauna, hot tub or other similar health or body improvement enterprise.
J.
Topless and/or bottomless go-go cabaret.
For the purpose of this chapter, the following words when used
shall have the following meanings:
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines, videos and other
periodicals which are distinguished or characterized by their emphasis
on sexually explicit matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas (as defined
below); or an establishment with a segment or section devoted to the
sale or display of such material.
An enclosed building, used for presenting, through coin-operated
motion picture devices, material distinguished or characterized by
an emphasis on sexually explicit matter depicting, describing or relating
to specified sexual activities or specified anatomical areas (as defined
below) for observation by patrons therein.
An enclosed building used for presenting material distinguished
or characterized by an emphasis on sexually explicit matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas (as defined below), for observation by patrons therein.
An establishment which features either male or female topless
and/or bottomless dancers, go-go dancers, exotic dancers, strippers,
impersonators or similar entertainers, where beer or intoxicating
liquors are not sold on the premises.
To manufacture, issue, publish, sell, lend, give, show, exhibit,
or present material or to offer to agree to do same.
Touching a person's clothed or unclothed genitals, pubic
area, buttocks, or, if the person is female, breasts, for the purpose
of sexual gratification or stimulation.
To present a performance; sell, give, or offer to agree to
sell or give a ticket to a performance; or admit a person to premises
where a performance is being presented or is about to be presented.
An establishment or club offering socialization with a host
or hostess for a consideration to the host or hostess or for an admission
or membership fee.
An establishment used for housing equipment and employing
persons who give massages, body rubs or muscle relaxing exercises
to other persons by means of pressure, imposed friction, stroking,
kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating
the human body with hands, other parts of the human body, mechanical
devices, creams, ointments, oils, alcohol or any other means of preparations
to provide relaxation or enjoyment to the recipient.
An establishment used for housing and exhibiting persons
in the nude acting as models for other persons to paint, photograph
or draw.
The lewd display of the human male or female genitals or
pubic area.
Any sexually explicit matter. It is primarily devoted to
detailed descriptions or detailed narrative accounts of sexual excitement,
sexual conduct, or sadomasochistic abuse. It contains any photograph,
drawing, or similar visual representation of any person of the age
of puberty or over revealing the person with less than a fully opaque
covering over his or her genitals and pubic area, or depicting such
person in a state of sexual excitement or engaged in acts of sexual
conduct or sadomasochistic abuse.
Either of the following:
Flagellation, or torture, for sexual stimulation or gratification,
by or upon a person who is nude or clad only in undergarments or in
a revealing or bizarre costume.
The condition of being fettered, bound, or otherwise physically
restrained for sexual stimulation or gratification, of a person who
is nude or clad only in undergarments or in a revealing or bizarre
costume.
An establishment where saunas, hot tubs, whirlpools, sun
lamps and similar body relaxing, soothing or improving facilities
are available for male and female customers with or without supervision
or participation by employees or independent contractors of the business.
An act of masturbation, homosexuality, sexual intercourse,
or erotic fondling with a person's clothed or unclothed genitals,
pubic area, buttocks or the breast or breasts of a female for the
purpose of sexual stimulation, gratification, or perversion.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
Intercourse, real or simulated, whether genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex or between a human and an animal.
Sexually explicit visual material, sexually explicit verbal
material, or sexually explicit performance.
A play, motion picture, dance, exhibition, show, representation,
or other presentation performed before an audience for monetary consideration,
which, in whole or in part, depicts nudity, sexual excitement, erotic
fondling, sexual intercourse or sadomasochistic abuse.
A book, pamphlet, magazine, printed matter reproduced in
any manner, or sound recording which contains an explicit and detailed
verbal description or narrative account of sexual excitement, erotic
fondling, sexual intercourse, or sadomasochistic abuse.
A picture, photograph, drawing, sculpture, motion picture
film, video, or similar visual representation which depicts nudity,
sexual excitement, erotic fondling, sexual intercourse, or sadomasochistic
abuse, or a book, magazine, or pamphlet which contains such a visual
representation. An undeveloped photograph, mold, or similar visual
material may be sexually explicit material, notwithstanding that processing
or other acts may be required to make its sexually explicit content
apparent.
An establishment used for the sale of beer or intoxicating
liquor for consumption on the premises which features either male
or female topless and/or bottomless dancers, go-go dancers, exotic
dancers, strippers, impersonators or similar entertainers.
It shall be unlawful to hereafter establish an adult book/video
store, adult motion-picture theater, adult mini-motion-picture theater
or topless and/or bottomless go-go cabaret, host or hostess establishment,
nude modeling studio, massage parlor, sauna, hot tub or other similar
health or body improvement enterprise or burlesque show within 1,000
feet of any building containing residential, dwelling or rooming unit.
This prohibition may be waived if the person applying for the waiver
shall file with the Township Clerk a petition which indicates approval
of the proposed regulated use by 51% of the persons owning, residing
or doing business within a radius of 1,000 feet of the location of
the proposed use. The petitioner shall attempt to contact all eligible
locations within this radius, and must maintain a list of all addresses
at which no contact was made. A minimum of 100 responses is required.
In the event that the one-thousand-foot radius is not sufficiently
populated to provide 100 residences and/or business places eligible
to respond, the radius will be increased in increments of 500 feet
until there shall be an area large enough to contain 100 eligible
residences and/or business places. The establishment shall also be
located within an area properly zoned for this type of use.
The petition required shall be on a form obtained at the office
of the Township Clerk. The circulator of the petition requesting approval
of the proposed regulated uses shall subscribe to an affidavit at
the bottom of said petition attesting to the fact that the petition
was circulated to the addresses thereon and that the circulator witnessed
the signature of the person signing said petition and who purported
to be the person residing or doing business at said address and that
said signatures were affixed to the petition by the persons whose
names appeared thereon.
A person commits the crime of promoting obscene material if,
knowing its content and character, he or she:
A.
Disseminates for monetary gain, or possesses with the intent to disseminate
for monetary gain, any obscene material; i.e., any sexually explicit
verbal and/or visual material.
B.
Produces, presents, directs, or participates for monetary gain in
any obscene performance; i.e., any sexually explicit performance.
C.
A person commits the crime of displaying obscene material when he
displays on a sign, billboard, or other object located on any street
or similar public place a photograph, drawing, or similar visual representation
of any person engaged in sexually obscene behavior.
D.
(1)
Whether the average person, applying contemporary community standards,
would find that the material taken as a whole, appeals to the prurient
interest.
(2)
Whether the material or performance depicts or describes, in a patently offensive way, the sexual conduct, sexual excitement, or sadomasochistic abuse as defined in § 362-2.
(3)
Whether the material or performance lacks serious literary, artistic,
political, educational, or scientific value.
Any person, firm or corporation who shall violate any provision
of this chapter shall be deemed guilty of a misdemeanor and, upon
conviction thereof, punished by a fine not to exceed $500, and the
costs of prosecution or, in default of the payment thereof, by imprisonment
for not to exceed 90 days, or both such fine and imprisonment in the
discretion of the court. Each day that a violation is permitted to
exist shall constitute a separate offense. The imposition of any sentence
shall not exempt the offender from compliance with the requirements
of this chapter.
