[Added 5-11-1998 by Ord.
No. 5-1998]
It is recognized that buildings and establishments operated
as adult entertainment uses have serious objectionable operational
characteristics which may result in the blighting and deterioration
of areas surrounding them and the City itself. In order to promote
the health, welfare and well-being of the residents of the City of
Ogdensburg, this section is intended to restrict adult uses to nonresidential
and nonbusiness areas of the City. The City Council hereby finds that
the operational characteristics of adult entertainment uses increase
the detrimental impact on a community when such uses are concentrated.
Therefore, this section is intended to promote the health, safety
and general welfare of the residents of the City of Ogdensburg by
regulating the concentration of such uses.
General. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meanings
they have in common usage and to give this section its most reasonable
application.
An establishment consisting of, including or having the characteristics
of any or all of the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT ENTERTAINMENT CABARET:
An establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or
characterized by an emphasis depicting, describing or relating to
sexual activities or anatomical genital areas.
A cabaret that features topless dancers, go-go dancers, strippers,
male or female impersonators, or similar entertainers for observation
by patrons.
ADULT LIVE THEATERAn establishment devoted to or an area used for presenting any plays, shadow plays, skits, pantomimes or other actions which are characterized by an emphasis on matter depicting or describing or simulating or relating to specified sexual activities, sexual conduct or specified anatomical areas for observation by patrons therein. The foregoing shall not apply to any plays, shadow plays, skits, pantomimes or other actions presented or performed at or under the auspices of any educational institution.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
MASSAGE PARLORAny establishment where, for any form of consideration or gratuity, any person, firm, association or corporation engages in, carries on or permits to be engaged in or carried on the administration of any alcohol rub, electric or magnetic treatments or any other treatment or manipulation of the human body or by putting pressure or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, but, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage where such occurs in connection with specified sexual activities or where the individual providing such treatment, manipulation or service related thereto exposes specified anatomical areas or has sexual contact as hereinafter defined. The foregoing shall not apply to licensed hospitals, licensed nursing homes or clinics or persons holding any unrevoked certificates to practice and of the healing arts under the laws of New York State or persons working under the direct supervision and in the presence of any such persons or in any such establishments, nor shall this section apply to barbers or cosmetologists carrying out their trade or business and holding a valid unrevoked license or certificate of registration issued by the State of New York, nor shall this section apply to any persons performing such massages in connection with the care, treatment and training of persons involved in recognized athletic endeavors.
Provided that the requirements of the Municipal Code of the
City of Ogdensburg are complied with and other pertinent laws of the
City of Ogdensburg, County of St. Lawrence and the State of New York,
adult entertainment uses, as hereinafter defined, shall be permitted
only in the I/I Industrial/Institutional District, subject to the
following regulations:
A.
No adult entertainment use shall be located in the City of Ogdensburg,
except in the I/I Industrial/Institutional District.
B.
No adult entertainment use shall be located within 800 feet of any
residential zoned area or municipal boundary.
C.
No adult entertainment use shall be located within 1,000 feet of
any church, school, park, playground, day care, youth center or location
where children traditionally congregate.
D.
No adult entertainment use shall be located within 500 feet of another
such use.
E.
Only one sign shall be permitted visible from the exterior of a building
which is occupied by an adult entertainment use business, and such
sign shall be no larger than six square feet, nor shall the sign consist
of any material other than plain lettering. No sign shall have any
photographic or artistic representations whatsoever thereon. All such
signs shall be in compliance in all other respects with the existing
regulations of the City of Ogdensburg.
F.
All openings, entries, windows, doors, etc., to an adult entertainment
use facility shall be located, covered or screened in such a manner
as to prevent a view into the interior from any public place.
G.
The establishment of an adult entertainment use business shall include
the opening of such business as a new business, the relocation of
such business or the conversion of an existing business location to
any of the uses defined herein, whether such conversion be for a permanent
or temporary use.
For purposes of this section, measurements shall be made in
a straight line without regard to intervening structures or objects
from the nearest portion of the building or structure used as part
of the premises for an adult entertainment use business to the nearest
property line of land upon which is situated a school, church, park,
playing field, day-care center, library or other recreational facility
where numbers of minors regularly congregate or to the nearest dividing
line which established the boundary between the Industrial/Institutional
District and any other district.
Any person, firm or corporation violating any of the provisions
of this article shall be guilty of a violation punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15
days, or both such fine and imprisonment. Each day the offense is
continued shall constitute a separate and distinct violation hereunder.
If any provisions or clauses of this article or its application
to any person, persons or corporation or circumstances is held to
be unconstitutional or otherwise invalid, such decision shall not
effect the remaining provisions or clauses of the article or applications
thereto which can be implemented without such invalid provision or
clause, and, to this end, the provisions and clauses of the article
are declared to be severable.
This article shall take effect upon the filing with the Secretary
of State pursuant to the provisions of the Municipal Home Rule Law
of the State of New York.
