Village of Fonda, NY Article I Adult Bookstores

§ 5-1 Findings; purpose. [1]

A. In the development and execution of this chapter it is recognized that adult bookstores, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent area. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or pose a threat to the welfare and safety of the public.

B. The Constitution and laws of the State of New York grant to the Village of Fonda powers, especially police power, to enact reasonable legislation and measures to regulate and supervise adult entertainment establishments in order to protect the public health, safety and welfare.

C. It is not the intent of the Village of Fonda in enacting this chapter to deny to any person rights to speech protected by the United States and/or State Constitutions, nor is it the intent of the Village of Fonda to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books and/or other materials. Further, by enacting this chapter, the Village of Fonda does not intend to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and/or State Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 5-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activity or specific anatomical areas, as defined below, for observation by patrons therein.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation of arousal.

B. Acts of human masturbation, sexual intercourse or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

§ 5-3 Proximity to residential dwellings or other adult bookstores.

It shall be unlawful to hereafter establish any adult bookstore within 300 feet of any building containing a residential dwelling or rooming unit or to establish any adult bookstore within 500 feet of any other adult bookstore.

§ 5-4 Proximity to school and school bus stops.

It shall be unlawful to hereafter establish any adult bookstore within 500 feet of the real property line of a public, private or parochial school or within 150 feet of a bus stop for the picking up and dropping off of school children.

§ 5-5 Proximity to libraries, parks and places of worship.

It shall be unlawful to hereafter establish any adult bookstore within 500 feet of the nearest property line of a public or private library, park or playground and at least 500 feet from the nearest property line of any church, convent, monastery, synagogue or other place of worship.

§ 5-6 Measurement. [1]

The distance provided herein above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult bookstore is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult bookstore is to be separated.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 5-7 Penalties for offenses.

Any person who violates any of the provisions of this article shall be guilty of a violation and subject to a fine not to exceed $250. Each day during any portion in which any violation of this article is committed, permitted or continued shall constitute a separate offense.